[HISTORY: Adopted by the Township Council of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Sec. 4-8 of the 1994 Code. Amendments noted where applicable.]
Curfew for minors — See Ch. 63.
As used in this chapter, the following terms shall have the meanings indicated:
- Any letters, numbers, word or words, writing, inscription, symbol, drawing, carving, etching or any other marking of any nature whatsoever which defaces, obliterates, covers, alters, damages or destroys the real or personal property of another. This section shall not be construed to prohibit easily removable chalk markings on the public sidewalks and streets used in connection with traditional children's games.
No person shall write, print or place with ink, paint, chalk or any other substance or substances, or otherwise mark, scratch, carve or etch graffiti on the real or personal property of another, whether such real or personal property be publicly or privately owned, unless the owner of the property shall have, prior to such writing, painting or placing of graffiti, specifically consented to same.
Any person who violates any of the provisions of this chapter, upon conviction thereof, shall be subject to the penalties set forth in Chapter 1, General Provisions, Article I, of this Code. In addition, the court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the court shall have the authority to order that such offender make the necessary monetary restitution to restore the property to its original undamaged condition.
[Amended 3-12-2003 by Ord. No. 4-2003]
If, at the time of the offense charged, any persons shall be under the age of 18 years, the Superior Court, Law Division, Family Part, shall have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Superior Court, Law Division, Family Part, and the case, including all papers and process thereto, shall be transferred to that court as provided in N.J.S.A. 2C:4-11.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of an infant under 18 years of age who fails or neglects to exercise reasonable supervision and control of such infant shall be liable in a civil action for any destruction or damage caused by such infant offender under § 108-2 above.
[Added 5-8-2008 by Ord. No. 14-2008]
Recognizing that graffiti can contain profanity and vulgar depictions, and may contain gang-related symbols and communications, it is incumbent upon all owners of property which have been victimized by graffiti to have such graffiti removed not later than 30 days after the discovery or written notification from any Township official that graffiti has been placed on the owner’s property. Failure to remove, clean or repair the property subjected to the graffiti shall permit the Township, at is discretion, to cause the removal, repair, cleaning or other appropriate restoration of the property by a qualified contractor obtained by the Township to perform such service. The property owner shall be charged by the Township the reasonable cost for the removal, repair, cleaning or restoration of said property which shall be immediately payable to the Township upon receipt of written itemization of the cost.
The owner of said property shall have the right to request, in writing directed to the Director of Municipal Services, a reasonable extension of said thirty-day time period (up to 30 additional days) for removal, said request not to be unreasonably withheld.