[HISTORY: Adopted by the Township Committee of the Township
of Raritan by Ord. No. 07-28 (Ch.
9.14 of the 2000 Code). Amendments noted where applicable.]
To promote the public peace, morals and welfare of the residents
of the Township by prohibiting and barring any individual or entity
from defacing, destroying or otherwise damaging private or public
property without the owner's consent by application of graffiti, and
requiring the prompt removal of graffiti by the owner of property
on which an unlawful application of graffiti has occurred.
As used in this chapter, the following terms shall have the
meanings indicated:
The unlawful application of any drawing, inscription, figure
or mark upon any structure, wall, rock, bridge, building, fence, gate,
roadway, tree or other real or personal property, either privately
or publicly owned.
Any device, including a spray paint container or indelible
marker, that can be used to apply any non-water-soluble solution to
any surface described in the definition of "graffiti" hereof.
Any spray paint container of six ounces or less.
Any felt-tip marker, china marker or similar device that
is not water-soluble and which has a flat or angled writing surface
of 1/2 inch or greater.
Any person under the age of 18 years.
Any receptacle, whether or not aerosol, holding paint that
can be used to apply paint to any surface described in the definition
of "graffiti" hereof.
A.
Prohibited conduct. It shall be
unlawful for any person to deface, destroy or otherwise damage private
or public property without the owner's consent, by or through the
application of what is commonly known as "graffiti."
B.
Possession of graffiti tools prohibited.
It shall be unlawful for any person to have in his or her possession
any spray paint container, indelible marker or other graffiti tool
while on public or private property, without the consent of the respective
owner of such property, in a manner that warrants a justifiable and
reasonable alarm or immediate concern for the safety of property in
the vicinity. Among the circumstances which may be considered by the
enforcement officer in determining whether such alarm or immediate
concern is warranted is the fact that the person takes flight upon
appearance of an enforcement officer, refuses to identify him or herself
or manifestly endeavors to conceal him or herself or the graffiti
tool. Prior to any citation being issued to a person for a violation
of this chapter, such person shall be afforded an opportunity by the
enforcement officer to dispel any alarm or immediate concern which
could otherwise be warranted by requesting him or her to identify
himself or herself and explain his or her presence and conduct.
A.
Sale to minors.
(1)
No person or entity shall
sell or otherwise transfer any indelible marker or spray paint container
other than a hobby-sized paint container to a minor, unless said minor
is accompanied by parent or legal guardian at time of purchase or
transfer.
(2)
No minor shall, at the time of purchase of items specified in § 271-2, knowingly furnish fraudulent evidence of his or her majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act,[1] an identification card issued to a member of the Armed
Forces, or any document issued by a federal, state, county or municipal
government.
[1]
Editor's Note: See 50 U.S.C. § 3801 et seq.
B.
Display and sale requirements.
(1)
No person or entity shall
sell or offer for sale, transfer or offer to transfer any spray paint
container, including hobby-sized paint containers, unless such spray
paint container is held for sale or transfer in an enclosed device
which is constructed to prevent removal of the merchandise except
by authorized attendants or is stored, out of sight, in such a way
as to prevent free access to the merchandise by the public. The merchant
may, at its discretion, utilize a line-of-sight display. To qualify
as a line-of-sight display, the products must be easily and readily
observed by the retail personnel at all times. To accomplish line-of-sight
requirements, a retailer may utilize placement of personnel work stations,
mirrors or cameras or other such devices or arrangements acceptable
to the Township enforcement officials to ensure surveillance of the
product.
(2)
Every person or entity selling
spray paint or indelible markers shall place a sign in clear public
view at or near the display of such product stating: "It is a crime
to sell or otherwise convey aerosol spray paint or wide-tipped markers
to persons under 18 years of age in the Township of Raritan and is
punishable by a fine of up to $2,000 or imprisonment not to exceed
90 days including a sentence of community service."
A.
Graffiti Trust Account. A Graffiti
Trust Account maintained by the Township specifically for the remediation
of graffiti on public property within the Township is hereby created.
The Township Committee and Township Administration shall control the
allocation of the funds in the Graffiti Trust Account for the remediation
of graffiti within the Township, which shall include cleaning, repairing,
painting or otherwise restoring the damaged public property to the
condition existing prior to any remediation. Any remediation of public
property subjected to graffiti may be funded by the Graffiti Trust
Account at the discretion of the Township Administrator. Any private
property that has been subjected to graffiti shall not be eligible
for remediation through the Graffiti Trust Account.
B.
Reward program. Any person who
shall provide information which leads to the arrest, conviction and
actual payment of a fine by a violator of this chapter is entitled
to receive from the Township a reward of up to $100. The Township
Administrator, or his designee, shall determine whether a particular
reward shall be divided among persons based on the information provided
and the number of persons providing it, but in no event shall the
total reward relating to a particular violation exceed $100. No person
employed by the Township shall be eligible for such reward.
[Amended by Ord. No. 07-41]
A.
Property owner to remove graffiti.
It shall be unlawful for any person, firm, public agency or utility
owning or acting as manager or agent for the property, whether privately
or publicly owned, to permit the application of or fail to remove
any graffiti from the property within 90 days of receipt of notice
from the Township to remove such graffiti, or in the case of the Department
of Transportation within 120 days of receipt of notice. If the person,
firm, public agency or utility owning, or acting as manager or agent
for the owner of such property fails to remove the graffiti timely,
the Township shall cause the graffiti to be removed and charge the
property owner for the expenses incurred. Failure of the property
owner to pay the Township shall result in the charges being placed
as a municipal lien upon the property as permitted by statute.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The Township zoning officer and his designated representatives are hereby authorized to enforce the provisions of this chapter, including the issuance of summonses and notices required under Subsection C hereof.
C.
Notice to remove graffiti. Whenever
the Township becomes aware of the existence of graffiti on any property,
including structures or improvements within the Township, the zoning
officer or his designated representative shall give, or cause to be
given, notice to the property owner and/or owner's agent or manager
to remove such graffiti therefrom. Such notice shall be in writing,
delivered by certified and regular mail, and shall be made in substantially
the following form:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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NOTICE OF ORDER TO REMOVE GRAFFITI FROM PROPERTY
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To the owner, agent of the owner, or person managing the property
hereinafter described:
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[Property address, block and lot]
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Your attention is hereby directed to the provisions of Chapter 271 of the code of the Township of Raritan, a copy of which chapter is on file in the office of the Township Clerk, in the Municipal Building. Pursuant thereto, you are hereby notified that a certain unsightly condition exists - namely graffiti - on your property, which injures neighboring property and the public health, safety and welfare.
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You are hereby formally notified that you must immediately,
but in no event later than within 90 days from the date of this notice,
remove such graffiti from the property and thereafter keep the property
free therefrom.
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In the event you fail to complete the removal within the time
indicated herein, the undersigned shall cause the same to be removed
and you will be responsible for the cost of the township's removal
of the unsightly condition from the property, including imposition
of the cost as a municipal lien upon the property.
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Signed:
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Title:
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Name:
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Date:
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Once the graffiti has been removed, you must sign a copy of
this notice where indicated below and return to the Municipal Clerk
of the Township, by no later than 90 days after the date of this notice,
indicating and certifying by your signature that the graffiti has
been removed. Any objection to this notice must be made, in writing,
by personal delivery or certified mail, within 90 days of the date
of this notice.
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Certification by Property Owner
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I hereby certify that the unsightly condition - namely graffiti
- at the property indicated above has been removed. I certify that
the foregoing statement made by me is true and accurate to the best
of my knowledge. I am aware that if the foregoing statement made by
me is willfully false, I am subject to punishment. I understand that
my signature affixed hereto shall serve as my certification, which
signature shall be the same as making a statement under oath, and
the making of this certification is subject to the same penalties
as provided by law for perjury.
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Signed: __________
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Name: __________
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Date: __________
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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.
B.
If a property owner does not undertake the removal of graffiti within 90 days of the date of written notice provided by the Township to the owner, or in the case of the Department of Transportation within 120 days of the date of written notice, unless an action challenging the notice and order to remove is still pending before a court of competent jurisdiction, the Township shall undertake removal of the graffiti from the property, and the property owner shall be deemed in violation of this chapter and shall be subject to a mandatory fine of $100 to be paid by the property owner to the Graffiti Trust Account. Thereafter, the Township shall present the property owner, by regular and certified mail, with a detailed itemization of the costs incurred by the Township, which shall include the mandatory fine of $100, and the Township shall direct the property owner to reimburse the costs listed. If the property owner does not pay the costs within 30 days of the date of notice of itemized costs, the Township shall assess the cost of removal as a municipal lien against the property, after certification thereto to the taxing authority. Any private property owner subject to this provision shall be entitled to full restitution for graffiti cleanup costs in the event the offender who caused the unsightly condition is apprehended and convicted, in accordance with Subsection C hereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Any person committing a violation of any provision of §§ 271-3 and/or 271-4 shall be punished by a fine of not more than $2,000 or imprisonment not exceeding 90 days, or both. 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. As a condition of sentencing, the Municipal Court shall have the authority to order that the convicted individual be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition existing prior to being damaged, provided that a determination is made that any restoration made the by convicted individual shall not subject the individual to unreasonable risk of serious physical injury or death or otherwise be in violation of law. In the event that convicted individual is unable for any reason to comply with the above, the Municipal Court shall have the authority to order that said convicted individual make full monetary restitution to restore the property to its original undamaged condition. The Municipal Court shall have full discretion to set the terms of restitution.
The Township Administrator shall report annually to the Township
Committee on the status of the Graffiti Trust Account. At the very
least, such report shall include the amount currently in the fund,
and the amount allocated to graffiti remediation over the past year.
The administrative and legislative branches of this government
shall endeavor to have the municipalities in close territorial proximity
with the Township of Raritan adopt legislation prohibiting the conduct
as set forth by this chapter.
