[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 5-28-2009 by Ord. No. O16-2009. Amendments noted where applicable.]
The City Council of the City of Gloucester, New Jersey, hereby
finds and declares that graffiti is detrimental to the health, safety
and welfare of the community and that there is a perception in the
community that the laws protecting public and private property can
be disregarded with impunity. This perception fosters a sense of disrespect
of the law that results in an increase of crime, is detrimental to
the property values of the community, degrades the community and leads
to urban blight and is inconsistent with the City of Gloucester's
property maintenance goals and aesthetic standards.
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Gloucester, New Jersey.
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature, without the express consent of the owner.
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
including, by way of example only and without limitation, fencing
surrounding construction sites, whether public or private, without
the consent of the owner of the property, or the owner's authorized
agent, which is visible from the private right-of-way.
Any felt tip marker, China marker or similar device that
is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the marking of graffiti. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental respectability through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conducts of a minor in their custody, when they
have knowledge of individual's actions that are not in compliance
of this chapter.
Used interchangeably and shall mean any person under the
age of 18, any person less than 18 years of age or any person who
has not celebrated his or her 18th birthday.
The owner of record of the property as set forth in the records
of the Tax Assessor for the City of Gloucester.
Any person to whom legal custody of a juvenile has been given
by court order or is acting in the place of the parent or is responsible
for the care and welfare of the juvenile and shall include:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
The following acts are prohibited.
A.
No person shall willfully or maliciously damage, deface or vandalize
any public or private property by painting, writing, drawing or otherwise
inscribing in any fashion graffiti thereon without the express permission
or consent of the owner. However, this prohibition shall not apply
to easily removable (which are water soluble) chalk markings on public
sidewalks or streets, written or drawn in connection with traditional
children's games, or in any lawful business or public purpose or activity.
B.
It shall be unlawful to aid anyone in defacing public or private
property.
C.
No person shall possess a spray container or indelible marker in
any public place or on any public facility or private property with
the intent to use the same to deface said public building, property
or private property, absent express permission to the contrary.
It should be unlawful for a parent as defined in this chapter
having legal custody over a minor to knowingly permit or by inefficient
or lack of control to allow such minor in their control to place graffiti
on any private or public property as defined in this chapter.
A.
Any minor under the age of 18 years found by a police officer to
be in violation of this chapter shall be brought to the nearest police
station, where the minor shall be released to his or her parent or
guardian. The parent, as defined, shall be immediately notified and
required to report to police headquarters to procure the juvenile.
B.
When a parent immediately called has come to take charge of the juvenile
and the appropriate information has been recorded, the juvenile shall
be released to the custody of such parent. If a parent cannot be located
or fails to take charge of the juvenile, then the juvenile shall be
released to the juvenile authorities except to the extent that, in
accordance with police regulations promulgated by the Chief of Police,
approved in advance for juvenile authorities, the juvenile may temporarily
be entrusted to an adult, relative, neighbor or other person who will,
on behalf of the parent, assume responsibility for caring for the
juvenile pending availability of the parent or guardian.
A.
Adults who are not parents of offenders as defined in this chapter.
Any adult who violates any of the provisions of this chapter shall,
upon conviction thereof, be punished by one or more of the following
penalties:
B.
Juveniles and/or parent violators as defined in this chapter.
(1)
When a graffiti violation is adjudged against a minor, the parents
of the minor shall be subject to prosecution under this section. Violators
of this chapter shall be required to perform community service of
a period not to exceed 90 days and may be subject to a fine of not
less than $500 but no more than $2,000. Additionally, any parent having
the care or custody of a minor found to be in violation of this section,
if it is adjudged that both the juvenile and the juvenile's parents
violated this Graffiti Chapter, they shall be required to perform
community service together.
[Amended 6-17-2021 by Ord. No. O09-2021]
(2)
If a minor has been found to violate this chapter twice within a
six-month period, the minor shall receive a summons and complaint
from the police officer who apprehended the minor for the violation
of this chapter.
(3)
If a juvenile is found to be in violation of this chapter on three
occasions within six months, then the juvenile as well as the parent
having the care and custody of the minor shall receive a summons and
complaint for the violation of this chapter.
(4)
Any juvenile who violates any of the provisions of this Graffiti
Chapter more than four times shall be reported by the Chief of Police
to the juvenile authorities as a juvenile in need of supervision,
and the Chief of Police, Corporation Counsel or their designee may
proceed to file such charges with the Superior Court of New Jersey
Family Part as he or she may deem appropriate.
(a)
Parental responsibility. Any act in violation of the provisions of this chapter committed by a minor under the age of 18 years shall be imputed to that minor's parent or legal guardian. A parent or guardian of a minor who violates any provision shall be liable for payment of any fines, the expense of restoration and for the performance of community service simultaneously with the convicted minor as provided in subsection B hereof.
C.
Any person committing a violation of any provision of this chapter
shall be punished by a fine of not more than $2,000 or imprisonment
not exceeding 90 days, or both. All monetary fines collected by the
Township shall be placed in a fund to be utilized for the removal
of graffiti from public structures and for the Reward Program as provided.
In lieu of imprisonment, the Judge may impose a sentence of community
service not to exceed 90 days with the express requirement that the
offender clean graffiti from public property within the Township and
if the minor's parent or legal guardian as well as the minor are found
guilty of a violation of this chapter, the minor's parents or legal
guardian shall perform community service together with the minor.
[Amended 6-17-2021 by Ord. No. O09-2021]
All fines collected shall be placed in a special account to
be used as assistance to homeowners for removing graffiti not to exceed
70% of the total cost. (It is presumed that 30% of the fees collected
are needed to defray court costs). This account will also be used
to purchase graffiti cleaning equipment.
A.
Requirement to remove graffiti. The occupant, lessee, agent and/or
landlord of any premises which has any form of graffiti on any building
or structure shall be required to either restore the defaced surface
by removing the graffiti or repaint the defaced surface within 14
business days after notice to the occupant, lessee, agent and/or landlord
by the Chief of Police (or his designee) to remove the same.
B.
Remedy. If said graffiti is not corrected within 30 business days
after written notice is issued, then the City of Gloucester shall
have the right to issue a summons and to enter the premises to remove
the graffiti and/or repaint the premises, and the cost of the removal
of the graffiti and/or repainting shall be at the sole cost and expense
of the occupant, lessee, agent and/or landlord of said building or
structure. The actual cost of the removal of the graffiti and/or repainting,
plus the cost of inspection of said graffiti and/or repainting and
other costs incidental to such removal, shall be certified by the
Business Administrator to the City Council and therefor shall be entered
as a lien upon the real property upon which the graffiti was found
to be placed and shall be added to and become a part of the taxes
to be assessed against and levied on the real property, and the same
shall be collected and reinforced in the same manner as taxes.
A reward of $250 shall be paid to any person who provides information
or assistance leading to the apprehension and conviction of any person
violating this chapter. This reward shall be payable after conviction
out of a fund established for this purpose, but no reward shall be
paid to any public employee whose duty it is to investigate or enforce
this chapter. This Chief of Police is hereby authorized to grant such
reward with the consent of the Municipal Council, and said reward
shall only be given upon notification by the Municipal Court that
the matter has been adjudicated.
