Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 197-1 — 197-3 adopted as amended through December 31, 2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI
Any and all offensive or defacing writings, drawings, markings or other written or pictorial matter by any method or device, which contributes to the defacement of any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned.
GRAFFITI IMPLEMENT
Any device, including a spray paint container or indelible marker, that can be used to apply any non-water-soluble solutions to any surface described in the definition of "graffiti" herein.
PARENT
Any person to whom legal custody of a juvenile has been given by court order or is acting in the place of the parent or is responsible for the care and welfare of the juvenile and shall include:
A. 
Natural or adoptive parents.
B. 
Legal guardians.
C. 
A person who stands in loco parentis.
D. 
A person to whom legal custody has been given by court order.
[New]
A. 
The owner of record of the property that has been defaced by graffiti shall be required to remove the graffiti. Upon written notice to remove the graffiti sent by the Code Enforcement Official, by certified and regular mail, the owner of the property shall remove or cause to be removed any and all graffiti and return the exterior facades or exterior portions of the building, and open space of any premises outside of any building erected thereon, to the condition it was in prior to its defacement within 90 days from the date that notice is sent.
B. 
If an owner does not undertake the removal of graffiti within 90 days of the date of the notice of violation or summons shall be issued on, the Township may remove the graffiti from the property and submit to the owner a detailed itemization of the costs incurred by the Township by certified and regular mail, for reimbursement from the owner. The cost of removal shall be certified as a municipal lien against the property, and the payment shall be enforced as an assessment, together with interest, as a debt of the owner of the property.
[New]
A. 
It shall be illegal for any person under the age of 18 to possess any graffiti implements for the purpose of criminal mischief, as that term is defined herein.
B. 
Any person who violates any of the provisions of this chapter shall, upon conviction, be punishable by a fine as indicated in Chapter 1, Section 1-15.