[Adopted 1-3-1973 by Ord. No. 1101]
Be it ordained by the Board of Commissioners of the Town of
West New York, County of Hudson, State of New Jersey, as follows:
The use of broad-tipped pens, paint spray cans,
pencils, pens, crayons or other marking devices to write graffiti,
verbal or otherwise, on the walls or other available spaces on public
or private buildings, vehicles, areas or facilities, causes serious
defacement of such buildings, vehicles and areas, public and private,
and contributes to the deterioration of property values, as well as
offending the public's right, public and private, not to have unsightly
and unlawful graffiti on, with defacement of, public and private property,
and it constitutes a deleterious practice contrary to the public health
and welfare. In addition, such contempt for the property rights of
private citizens, as well as public facilities, contributes to the
erosion of law and order and contributes to the deterioration in the
quality of life of the community and must be opposed and punished.
A.Â
In addition to the provisions of other laws and ordinances,
the writing or placing of any written or pictorial graffiti, writings,
pictures or other markings whatsoever, by any defacing whatsoever,
including but not limited to pens, spray cans, pencils, crayons, paint,
chalk or any other method or substance whatsoever, on any and all
public or private property whatsoever, including real property, personal
property or mixed classification property, without the express knowledge
and consent of the owner, is prohibited.
B.Â
Marking of any property, real, personal or mixed,
by an owner thereof, in such a manner as would constitute graffiti,
is likewise prohibited.
C.Â
No person or entity shall sell, offer for sale or
transfer any spray paint container or indelible marker to a minor,
unless said minor is accompanied by a parent or legal guardian at
the time of purchase or transfer.
[Added 7-20-1994 by Ord. No. 56/94]
D.Â
No minor shall knowingly present or furnish false
or fraudulent evidence of his age to secure the purchase or transfer
of any spray paint container or indelible marker.
[Added 7-20-1994 by Ord. No. 56/94]
E.Â
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 the same to deface a public
building, facility or private property, absent express permission
to the contrary.
[Added 7-20-1994 by Ord. No. 56/94]
F.Â
Any parent, guardian or custodian in charge of a minor
(defined as a person under 18 years of age) who is convicted of violating
this article who has neglected to properly supervise such minor shall
be presumed to have aided and assisted, allowed and/or permitted said
minor in violation of the provisions of this article.
[Added 7-20-1994 by Ord. No. 56/94]
[Amended 10-19-1977 by Ord. No. 1261; 12-21-1994 by Ord. No.
129/94]
Any person who is convicted of a violation of
any section of this article shall be subject to a fine not to exceed
$1,000 and/or imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.
As used in this article, the following terms
shall have the meanings indicated:
Includes any and all unsightly, offensive or defacing writings,
drawings, markings or other written or pictorial matter by any method
or device, and of any content which contributes to the defacement
of the real or personal property involved and which contributes to
the ugliness and unsightliness of the object, space, area or community
and which is detrimental to the beauty, neatness and good order of
the area and community.
In the enforcement of this article, all persons,
directly or indirectly involved, shall be equally responsible and
guilty, not alone the individual who may personally deface the object
or area, but others in a group who encourage and participate in such
actions, as well as persons who make available the tools, writing
material, ladders, lookouts, materials or assistance or who knowingly
supply funds to acquire such materials for such purposes, including
parents and friends, shall be equally guilty and liable to punishment
under this article.
It is intended that this article shall not repeal
or affect other ordinances, but shall be supplementary and in addition
thereto.
This article shall not be construed to prohibit
easily removable chalk markings on the public sidewalk and street
in connection with traditional children's games, such as bases for
stickball, handball, hopscotch and the like, nor temporary, easily
removed chalk markings in connection with any lawful business or public
purpose or activity.
