[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 6-6-05 as Ord. No. 2188. Amendments noted where applicable.]
- Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property (or, despite advance authorization, is otherwise deemed a public nuisance by the Borough Council).
- GRAFFITI IMPLEMENT
- An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush, paintgun, airbrush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any borough-owned property or, without the permission of the owner or occupant, on any non-borough owned property.
Possession of graffiti implements.
By minors at or near school facilities. It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad-tipped marker.
In designated public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the borough or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the borough.
A person convicted of a violation of this ordinance shall be subject to a fine between fifty dollars ($50) and one thousand dollars ($1,000). In addition, a judge may order community service and/or restitution.