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.
[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.