[Added 10-9-2025 by Ord. No. 25-25]
A. 
Definitions. The following definitions shall apply to this section:
PERSON
Any individual, corporation, company, association, society, firm, partnership or other legal entity.
PUBLIC PROPERTY
Property owned, leased, or controlled by the Borough of Garwood, including but not limited to:
(1) 
Streets, sidewalks and roadways.
(2) 
Parks, recreational facilities, and playgrounds.
(3) 
Buildings, structures, and other facilities owned by the Borough.
(4) 
Public monuments, statues, and artwork.
(5) 
Streetlights, traffic signs, and other traffic control devices.
(6) 
Any other property, real or personal, owned by the Borough of Garwood.
B. 
Prohibited conduct. It shall be unlawful for any person, business, or entity to:
(1) 
Damage or deface public property by vandalism, graffiti, the destruction of physical structures, or any other act that results in the impairment, destruction, or alteration of public property.
(2) 
Tamper with or remove public property, including street signs, traffic control devices, park equipment, or other Borough-owned items.
(3) 
Destroy or alter public monuments, statues, artwork, or other cultural property owned by the Borough.
(4) 
Dump or dispose of materials, substances, or waste on public property that may cause damage or pose a hazard to public health, safety, or the environment.
C. 
Penalties for violation.
(1) 
Civil liability. Any person or entity found guilty of violating the provisions of this article shall be responsible for the full cost of repairing, replacing, or restoring the damaged property, in addition to any fines or penalties imposed.
(2) 
Fines:
(a) 
First offense. A fine not exceeding $500 or imprisonment for up to 15 days, or both.
(b) 
Subsequent offenses. A fine not exceeding $1,000 or imprisonment for up to 30 days, or both.
(3) 
Restitution. In addition to any fines, the violator may be required to pay restitution for the actual damages caused, including the cost of materials, labor, and any other associated expenses incurred by the Borough in repairing the damaged property.
(4) 
Criminal charges. In cases where the damage is deemed severe, intentional, or part of an ongoing pattern of destructive behavior, the violator may be subject to criminal charges under applicable state or federal law, which may include additional fines and/or imprisonment.
D. 
Enforcement.
(1) 
The Garwood Police Department shall have the authority to enforce the provisions of this article and to investigate incidents of public property damage.
(2) 
The Garwood Department of Public Works shall assist in assessing the damage to public property and determining the cost of repair or replacement.
(3) 
Law enforcement officers are authorized to issue citations, make arrests, and take any appropriate action to enforce this article.
E. 
Report of damages.
(1) 
Any resident or individual who witnesses or becomes aware of damage to public property is encouraged to report the incident to the Garwood Police Department or the Borough's Department of Public Works.
(2) 
The Borough will maintain a system for residents to report damages, and investigations will be conducted.
F. 
Exceptions. This article shall not apply to damage caused by:
(1) 
Authorized persons or entities performing maintenance, construction, or other activities as approved by the Borough, including work by the Borough's employees or contractors.
(2) 
Acts of God or other natural disasters, including but not limited to floods, hurricanes, tornadoes, earthquakes, or other weather-related events, provided such events were not caused by negligence or unlawful conduct.
G. 
Severability. If any part of this article is determined by a court of competent jurisdiction to be invalid, the remainder of the article shall remain in full force and effect.