[HISTORY Adopted by the Township Council of the Township of Parsippany-Troy Hills by Ord. No. 94:30. Amendments noted where applicable.]
Disorderly conduct — See Ch. 134.
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.
- GRAFFITI TOOLS
- 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.
- HOBBY-SIZED PAINT CONTAINER
- Any spray paint container of six ounces or less.
- 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 of 1/2 inch or greater.
- Any person under the age of 18 years.
- Any retail establishment.
- SPRAY PAINT CONTAINER
- 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.
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."
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.
Sale to minors.
No person 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.
No minor shall, at the time of purchase of items specified in Subsection A, 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, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government.
Display and sale requirements.
No person 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.
Every person selling spray paint or indelible markers shall place a sign in clear public view at or near the display of such product stating:
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.
Any fines imposed by the Municipal Court or other agencies authorized to impose a fine for a violation of this chapter shall be deposited in an account to be used for the reward payments under this chapter.
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 30 days of receipt of notice from the Township to remove such graffiti. 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.
The Township police officers and code enforcement officers are hereby authorized to enforce the provisions of this chapter, including the issuance of summonses and notices required under Subsection B(3) hereof.
Notice to remove graffiti. Whenever the Township becomes aware of the existence of graffiti on any property, including structures or improvements within the Township, a code enforcement officer or a police officer 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, and have substantially the following form:
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.
Any person committing a violation of any provision of this chapter shall be subject to the penalties imposed pursuant to § 1-17 of the Code. All monetary fines collected by the Township shall be placed in a fund to be utilized for removal of graffiti from public structures and for the Reward Program as provided in § 191-4. If the judge imposes a sentence of community service, he or she may include 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 is found guilty of a violation of this chapter, the minor’s parents or legal guardian shall perform community service together with the minor.
[Amended 12-20-2005 by Ord. No. 2005:31]
The administrative and legislative branches of this government shall endeavor to have the municipalities in close territorial proximity with the Township of Parsippany-Troy Hills adopt legislation prohibiting the conduct as set forth by this chapter.