[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro 4-22-2008 by Ord. No. 08-32. Amendments noted where
applicable.]
The Borough Council of the Borough of Glassboro
hereby finds and declares that graffiti is detrimental to the health,
safety and welfare of the community and that there is a perception
in the community that the laws protecting public and private property
can be disregarded with impunity. This perception fosters a sense
of disrespect of the law that results in an increase of crime, is
detrimental to the property values of the community, degrades the
community, and leads to urban blight and is inconsistent with the
Borough of Glassboro's property maintenance goals and aesthetic standards.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Glassboro, New Jersey.
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature without the express consent of the owner.
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
including, by way of example only and without limitation, fencing
surrounding construction sites, whether public or private, without
the consent of the owner of the property, or the owner's authorized
agent, which is visible from the private right-of-way.
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.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the marking of graffiti. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental respectability through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conducts of a minor in his or her custody, when
he or she has knowledge of the individual's actions that are not in
compliance of this chapter.
Used interchangeably and shall mean any person under the
age of 17, any person less than 17 years of age or any person who
has not celebrated his or her 17th birthday.
The owner of record of the property as set forth in the records
of the Gloucester County Tax Assessor.
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:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
The following acts are prohibited:
A.
No person shall willfully or maliciously damage, deface,
or vandalize any public or private property by painting, writing,
drawing, or otherwise inscribing in any fashion graffiti thereon without
the express permission or consent of the owner. However, this prohibition
shall not apply to easily removable (which are water-soluble) chalk
markings on public sidewalks or streets, written or drawn in connection
with traditional children's games, or in any lawful business or public
purpose or activity.
B.
It shall be unlawful to aid anyone in defacing public
or private property.
C.
No person shall possess a spray container or indelible
marker in any public place or on any public facility or private property
with the intent to use the same to deface said public building, property
or private property, absent express permission to the contrary.
A.
Any minor under the age of 17 years found by a police officer to be in violation of this chapter shall be brought to the nearest police station, where the minor shall be released to his or her parent or guardian. The parent, as defined in § 275-2, shall be immediately notified and required to report to police headquarters to procure the juvenile.
B.
When a parent immediately called has come to take
charge of the juvenile and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If a
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities except
to the extent that, in accordance with police regulations promulgated
by the Chief of Police, approved in advance for juvenile authorities,
the juvenile may temporarily be entrusted to an adult, relative, neighbor
or other person who will, on behalf of the parent, assume responsibility
for caring for the juvenile, pending availability of the parent or
guardian.
C.
In the case of a first violation by the juvenile,
the juvenile and parent shall receive, both in person and by certified
mail, a written warning notice from the officer in charge of the police
station, indicating the circumstances under which the minor was found
to be in violation of this chapter.
D.
If the minor has been convicted of violating this
chapter on a prior occasion within six months of the date of the present
violation, there shall be a presumption that, whenever a minor has
been convicted for a violation of this chapter, the parent or guardian
having care of the minor knew or should have known of the minor's
violation of this section.
A.
Adults who are not parents of offenders as defined in § 275-2 of this chapter. Any adult who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:
B.
Juveniles and/or parent violators as defined in § 275-5 of this chapter.
(1)
After the receipt of a warning notice pursuant to § 275-5C of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service of a period not to exceed 90 days and may be subject to a fine of not less than $500 but not more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this graffiti chapter, they shall be required to perform community service together.
(2)
If a minor has been found to violate this chapter
twice within a six-month period, the minor shall receive a summons
and complaint from the police officer who apprehended the minor for
the violation of this chapter.
(3)
If a juvenile is found to be in violation of this
chapter on three occasions within six months, then the juvenile as
well as the parent having the care and custody of the minor shall
receive a summons and complaint for the violation of this chapter.
(4)
Any juvenile who violates any of the provisions of this graffiti chapter as contained in § 275-3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, or his designee, may proceed to file such charges with the Superior Court of New Jersey, Family Part, as he or she may deem appropriate.
C.
Graffiti trust account. All fines collected shall
be placed in a graffiti trust account to be used for removing graffiti
and/or to purchase graffiti-cleaning equipment.
[Added 11-25-2008 by Ord. No. 08-92]
[Amended 8-26-2008 by Ord. No. 08-54; at time of adoption of Code (see
Ch. 1 General Provisions, Art. I]
A.
The owner of any public or private real property which
has been altered with any form of graffiti shall be required to either
restore the defaced and/or altered surface by removing the graffiti
within 90 business days after notice to the owner and/or agent of
the owner of the real property by the Chief of Police (or his designee)
in accordance with N.J.S.A. 40:48-2.59.
B.
Said notice shall be by certified and regular mail
and shall include a form to be utilized by a property owner to certify
to the Chief of Police or his designee that the graffiti has been
removed. The certification shall be made under penalty of perjury.
C.
An owner who has been ordered to remove graffiti shall
respond to the Chief of Police or his designee:
(1)
By
personal delivery or by certified mail and within 30 days of the date
of the order of any objection; or
(2)
By
instituting a challenge before a court of competent jurisdiction within
60 days of the date of the order; or
(3)
By
personal delivery or by certified mail and within 90 days of the date
of the order by submitting a certification asserting that the graffiti
has been removed.
D.
If said
graffiti is not removed within 90 business days after written notice
is issued, unless an action challenging the order is still pending,
the Chief of Police, his designee or the Borough of Glassboro shall
have the right to issue a summons and to enter the premises to remove
the graffiti and put the premises in proper condition so as to comply
with the requirements of this section. See N.J.S.A. 40:48-2.59.
E.
The cost
of abating such nuisance, removing the graffiti shall be at the sole
cost and expense of the property owner. The actual cost of the removing
the graffiti, the cost of inspection and other costs incidental to
such removal shall be itemized and certified by the Chief Financial
Officer to the governing body and shall be forwarded by certified
and regular mail to the property owner and/or agent for reimbursement.
F.
Pursuant
to N.J.S.A. 48-2.12f or any successor statute, the amount thereof
shall be entered as a lien upon the real property. Said lien shall
be added to and become a part of the taxes to be assessed against
and levied on the real property and the same shall be collected and
reinforced in the same manner as taxes.
G.
Emergency
removal. If the Borough determines that any graffiti is an immediate
danger to the health, safety, or welfare of the public, the Borough
may remove or cause the graffiti to be removed at the owner’s
expense.
