[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 5-26-1993 as Ord. No. 657. Amendments noted where applicable.]
Peace and good order — See Ch. 143.
No person shall purposely or knowingly vandalize, deface, damage, write, print, inscribe or place, with ink, paint, chalk or other substances, what is commonly known a "graffiti." Graffiti shall include any form of painting, writing or inscription, regardless of the content of said painting, writing or inscription or the nature of the materials used in the commission of the act. No person shall place graffiti on real or personal property of another, whether said personal or real property is publicly or privately owned, unless the owner of said property shall have, prior to the writing, printing, inscribing or placing of graffiti, specifically consented to the same.
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of 18 years to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this chapter, as defined herein, either by words, by overt act, by failing to act, by negligence or by lack of supervision and control over said minor child. Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of said minor child who fails or neglects to exercise reasonable supervision and control of such infant child shall be liable in a civil action for any destruction or damage caused by such infant child offender under the provisions of this chapter.
Any minor child under the age of 18 years apprehended for the violation of this chapter shall be brought before the Bergen County Juvenile and Domestic Relations Court. As to the offense charge, the Bergen County Juvenile and Domestic Relations Court shall then have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to Juvenile and Domestic Relations Court, and the case, including all papers and process thereto, shall be transferred to said Court as provided in N.J.S.A. 2C:4-11. Furthermore, the parent, legal guardian or other person having care and custody of said minor shall be summoned or arrested and brought before the Judge of the Municipal Court of the Township of Rochelle Park and be subject to the penalties provided herein.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days or a fine not exceeding $500, or both, in the discretion of the Municipal Court Judge.
An exception to this chapter shall be any minor child under the age of 18 years who shall, upon conviction, be subject to the penalties imposed on him by the Judge of Bergen County Juvenile and Domestic Relations Court.
As a condition of sentencing, the Municipal Court shall have the authority to order the offender to 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 Municipal Court shall have the authority to order that said offender make the necessary monetary restitution to restore the property to its original undamaged condition.
This chapter shall be considered as supplemental to the municipality's enforcement powers pursuant to N.J.S.A. 2C:33-9 (desecration of venerated objects), N.J.S.A. 2C:33-10 (graffiti on property to put persons in fear of violence) and N.J.S.A. 2C:33-11 (defacement or damage of property by placement of symbol, object or graffiti).
[Added 4-20-1994 by Ord. No. 675]
Should the premises of any of the landlords or tenants in Rochelle Park be subject to any of the prohibited acts described herein above in § 114-1, then and in that event it shall be the obligation of the owner or occupier to remove the defaced painting, writing or inscription within 14 days or as designated by the Building Inspector. Said owner or occupier of premises shall have the duty to assist and aid the Police Department in ascertaining who committed the prohibited acts. Should the owner or occupier of said premises fail to remove said painting, writing or inscription within the time period described above, then that person shall be subject to the penalties described in § 114-3B. In addition thereto, the municipality shall have the right to enter upon said premises and remove, erase or paint over said prohibited writing or inscription. The cost of said work shall be charged against the owner or occupier either through reimbursement to the municipality at the time fines are paid to the Municipal Court, or the municipality shall have the right to file separate action in order to collect the cost of said work.