As used in this chapter, the following terms shall have the
meanings indicated:
DEFACE
To cover, mark, write on, paint, color, carve, etch or otherwise
mar, alter, disfigure or draw whatsoever on any private or public
property of any nature, without the express consent or authorization
of the property owner or their authorized agent.
FAMILY COURT
The Superior Court of New Jersey, Chancery Division, Family
Part, as set forth in N.J.S.A. 2A:4A-22, or any successor statute.
GRAFFITI
Any form of inscription, word, figure, symbol, marking or
design that is etched, carved; scratched, drawn, marked or painted
with any substance or method which defaces, obliterates, covers, alters,
damages, marks or destroys any exposed surface which is visible from
the private right-of-way of any public or private property, without
the consent or authorization of the owner of the property, or the
owner's authorized agent; or as defined in N.J.S.A. 2C:33-24 or any
successor statute. It shall not include any temporary easily removable
chalk markings on the public sidewalk or street in connection with
traditional children's games, or any temporary easily removable chalk
markings in connection with any lawful business or public purpose
or activity.
INDELIBLE MARKER
Any felt tip marker, china marker or similar device that
contains a substance that is not water soluble and which has a writing
surface 1/2 inch or greater.
KNOWINGLY
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the markings of graffiti. It is
intended to include and require 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 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, as set forth in N.J.S.A.
2A:4A-22, or any successor statute.
OWNER
The owner of record of the property as set forth in the records
of the Tax Assessor for the Township of West Deptford.
PARENT
Any person to whom legal custody of a minor has been given
by court order is acting in the place of the parent or is responsible
for the care and welfare of the minor and shall include:
A.
Natural or adoptive parents.
C.
Any person who stands in loco parentis.
D.
Any 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 used for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
TOWNSHIP
The Township of West Deptford, New Jersey.
The following acts are prohibited:
A. No person shall, without the prior permission, consent or authorization
of the property owner or the property owner's authorized agent, willfully
or knowingly cause any graffiti to be placed upon any public or private
property.
B. No person shall aid any other individual in causing any graffiti
to be placed upon any public or private property without the prior
permission, consent or authorization of the property owner or the
property owner's authorized agent.
C. No person shall possess a spray container, liquid paint in cans,
indelible marker or any other pigmented substance in an aerosol or
similar container in any public place or on any public facility or
private property with the intent to use the same to cause graffiti
to be placed upon any public or private property without the prior
permission, consent or authorization of the property owner or the
property owner's authorized agent. Any person who possesses a spray
container, liquid paint in cans, indelible marker or any other pigmented
substance in an aerosol or similar container in any public place or
on any public facility or private property without a legitimate lawful
purpose shall be presumed to have possessed same with the intention
of using such to cause graffiti to be placed thereon; the said presumption
being rebuttable by possessor demonstrating a lawful, legitimate use.