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.
A. Graffiti results in visual pollution and is hereby deemed a public nuisance.
B. It is the purpose of this chapter to provide a mechanism in which individuals may be prosecuted for defacing public and private property.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH The Borough of Glassboro, New Jersey.
DEFACE 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.
GRAFFITI 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.
INDELIBLE MARKER 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.
KNOWINGLY 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.
MINOR or JUVENILE 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.
OWNER The owner of record of the property as set forth in the records of the Gloucester County Tax Assessor.
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.
C. A person who stands in loco parentis.
D. A person to whom legal custody has been given by court order.
PUBLIC PLACE 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.
It should be unlawful for a parent as defined in §
275-2 of this chapter having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in his or her control to place graffiti on any private or public property as defined in §
275-2 of this chapter.
[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.