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.
A. Graffiti results in visual pollution and is hereby deemed a public
nuisance.
B. It is the purpose of this chapter to provide a mechanism in which
individuals may be prosecuted for defacing public and private property.
As used in this chapter, the following terms shall have the
meanings indicated:
CITY
The City of Gloucester, New Jersey.
DEFACE
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.
GRAFFITI
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.
INDELIBLE MARKER
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.
KNOWINGLY
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.
MINOR OR JUVENILE
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.
OWNER
The owner of record of the property as set forth in the records
of the Tax Assessor for the City of Gloucester.
PARENT
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:
A.
Natural or adoptive parents.
C.
A person who stands in loco parentis.
D.
A person to whom legal custody has been given by court order.
PUBLIC PLACE
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.
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 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.