[Ord. 6 S+FB, 12-3-1992 § 1; Ord. 6 S+FB, 9-5-2007 § 1]
As used in this chapter:
Shall mean an inscription, mark, drawing, message, slogan or name made on some public or private surface without the consent of the owner.
Editor's Note: Regulations controlling the Sale of Spray Paint and Markers were contained in R.O. 1966 C.S. § 17:14-1 et seq.; Ord. 6 S+FJ, 11-14-1988; Ord. 6 S+FD, 2-7-1990; Ord. 6 S+FA, 2-2-1994; and were replaced entirely by Ord. 6 S+FB, 12-3-1992.
Editor's Note: Ord. 6 S+FD, 2-7-1990 requiring owners of real property to remove graffiti, was repealed by Ord. 6 S+FA, 2-2-1994.
[Ord. 6 S+FB, 12-3-1992 § 1; Ord. 6 S+FG, 9-5-2007 § 1]
The following acts are prohibited:
a.
No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor under the age of 18 years unless the minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
b.
All persons offering for sale spray paint in pressurized containers shall restrict access to such items from the public by placing them behind a locked counter, cabinet or other storage facility. All persons offering for sale markers shall place them in a location where they can be in constant view of the employee, agent or other authorized representative of the person selling the markers.
c.
No minor under the age of 18 years shall, at the time of purchase or transfer of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including, but not limited to a motor vehicle operator's license, a registration certificate under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a Federal, State, County or Municipal Government.
d.
No person shall possess a spray paint container or indelible marker in any public building, or upon any public facility or private property with the intent to use same to deface the public building, facility or private property absent express permission to the contrary.
Anyone found to be in possession of a spray paint container, or liquid paint in cans or other containers or an indelible marker in any public building or upon any public facility or private property with no lawful purpose shall be presumed to have possession of same with the intention of using such container, marker, can, or paint to deface the building, facility or property.
e.
No person shall deface any real or personal property, be it public or private by placing written or pictorial graffiti, writings or other markings thereon without the express knowledge and consent of the owner; however, this prohibition shall not apply to easily removable chalk markings on public sidewalks or streets written or drawn in connection with traditional children's games or any lawful business or public purpose or activity.
f.
It shall be unlawful to aid anyone in defacing public or private property.
[Ord. 6 S+FB, 12-3-1992 § 1; Ord. 6 S+FG, 9-5-2007 § 1]
Any parent, guardian or person in charge of a minor under the age of 18 years who is convicted of violating this chapter and any parent, guardian or person in charge of a minor who has failed to have properly supervised such minor person shall be presumed to have aided, assisted, allowed and permitted the minor in violating the provisions of this chapter.
[Ord. 6 S+FB, 12-3-1992 § 1; Ord. 6 S+FG, 9-5-2007 § 1]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:
[Ord. 6 S+FB, 12-3-1992 § 1]
The person having custody of the minor or the person convicted for violation of this chapter shall make restitution to the owner of the defaced real or personal property pursuant to the terms imposed by the court.
[Ord. 6 S+FB, 12-3-1992 § 1; Ord. 6PSF-A(S), 1-7-2016]
In the event that a minor violates any provision of this chapter, a complaint, signed by any person who has knowledge of the facts alleged to constitute the violation or who is informed of such facts and believes same to be true, shall be filed with the Youth Aid Bureau of the Newark Division of Police. The complaint shall then be forwarded to the Superior Court, Chancery Division, Family Part, Juvenile Division, and the minor shall be dealt with in accordance with the provisions of the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:4A-20 et seq.
[Ord. 6 S+FB, 12-3-1992 § 1; Ord. 6PSF-A(S), 1-7-2016]
A reward of $500 shall be paid to any person or persons providing information leading to the detection and apprehension of any person found guilty of violating any provision of 20:18-1 hereof. The reward shall be payable after conviction out of a fund established for this purpose, but no such reward shall be paid to any public employee whose duty it is to investigate or enforce the law. The Director of the Department of Public Safety is hereby authorized to grant such reward with the consent of the Municipal Council.