[Adopted 12-4-2006 by Ord. No. 06-36]
The purpose of this article is to prohibit the
defacement of public and private property within the Township of North
Brunswick.
A.
No person shall purposefully or knowingly vandalize,
deface or otherwise damage the tangible property of another, whether
public or private property, by painting, writing, drawing, making
of any mark or otherwise inscribing, in any fashion or materials,
what is commonly known as "graffiti," without the prior written permission
of the owner of the property. For the purposes of this article, "graffiti"
includes any form of painting, writing or inscription, regardless
of the content of said painting, writing or inscription or of the
nature of material used in the commission of the act.
B.
Any sale of indelible markers and spray paint containers
to minors is prohibited. No person, partnership, firm or corporation
shall sell or otherwise transfer any spray paint container or indelible
markers to a person under the age of 18 years of age, unless said
underage person is accompanied by and has the consent of a parent
or legal guardian at the time of the purchase or transfer. For purposes
of this section, "indelible markers" shall be defined as any felt-tip
marker, china marker or similar device that is not water-soluble and
which has a flat or angled writing surface 1/2 inch or greater.
It shall be unlawful for any parent, legal guardian,
or other person having legal custody and care of any minor child under
the age of 18 years of age to assist, aid, abet, allow, permit, or
encourage said minor to violate the provisions of this article, as
defined herein, either by words, overt acts, by failing to act, or
by lack of supervision and control over said minor child.
Pursuant to N.J.S.A. 2A:53A-15, any parent,
legal guardian or other person having legal custody of a minor under
18 years of age who fails or neglects to exercise reasonable supervision
and control of the conduct of such minor shall be liable in a civil
action for any destruction or damage caused by such minor offender
under this provisions of this article.
A.
As authorized pursuant to the Municipal Beautification
Act, P.L. 2006, c. 31, N.J.S.A. 40:48-2.59, the owner of a building,
structure or other exposed surface located in the Township where graffiti
has been placed shall remove such graffiti.
B.
The owner of the property shall be entitled to written notice ordering the removal of such graffiti, which notice shall be delivered to the owner by certified mail, return receipt requested, and regular mail. The order shall afford the owner of the affected property the opportunity to remove the graffiti within 90 days from the date that such notice is sent; however, the Department of Transportation shall be afforded 120 days from the date such notice is sent to remove graffiti from the property owned by it. The notice to remove graffiti shall contain a return form as described in Subsection C hereinbelow.
C.
The owner who has received notice must inform the
Township when such graffiti has been removed using the return form
supplied by the Township. The form shall contain a provision stating
that by affixing a signature to the form indicating that the graffiti
has been removed, the owner is certifying that the facts set forth
therein are true and that the certification shall be considered as
if made under oath and subject to the same penalties as provided by
law for perjury.
D.
Any owner who has been ordered to remove graffiti
shall respond to the Township by personal delivery or by certified
mail, return receipt requested, regarding the following:
E.
Any owner who objects to an order to remove graffiti
pursuant to this section may institute an action challenging the order
before a court of competent jurisdiction within 60 days of the date
of the order.
F.
If an owner does not undertake the removal of the
graffiti within 90 days of the date of the order or, in the case of
the Department of Transportation, within 120 days of the date of the
order, unless an action challenging the order to remove graffiti is
still pending, the Township may remove the graffiti from the affected
property and present the owner with a detailed itemization of the
costs incurred by the Township, by certified and regular mail, for
reimbursement from the owner. Such costs shall be assessed, enforced
and collected as a municipal lien.
G.
Whenever the Township undertakes the removal of graffiti
from any building, structure or other exposed surface, in addition
to assessing the cost of removal as a municipal lien against the premises,
the Township may enforce the payment of such assessment, together
with interest, as a personal debt of the owner and may institute an
action at law for the collection thereof. The Superior Court of the
State of New Jersey shall have jurisdiction of any such action.
H.
Nothing herein shall affect the ability of the Township
or the owner from filing any claims against the person(s) committing
acts of graffiti that may be available pursuant to any other law,
ordinance or regulation, including, but not limited to, any criminal
and/or civil charge.
A.
Any person found guilty of violating any of the provisions of this article, with the exception of § 238-16 above, upon conviction thereof shall pay a fine not less than $100 and not more than $2,000 or be subject to imprisonment for not more than 90 days, or both.
B.
Notwithstanding the provisions of the preceding subsection,
for a second offense involving the actual defacing or marring of any
private or public property, a person having been convicted of same
shall be subject to a minimum mandatory fine of not less than $250
and a minimum mandatory period of imprisonment or a term of community
service not less than 10 days. One day of community service shall
consist of eight hours.
C.
In addition to any other penalty imposed by the court,
any person convicted for a violation of this article may, at the discretion
of the Judge of the Municipal Court, be required to pay to the owner
of the damaged property monetary restitution in the amount of the
pecuniary damage caused by the act of graffiti or be otherwise responsible
for cleaning, repairing, painting, or restoring the damaged property
to the condition it was in prior to being damaged.
