[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park 5-26-1993 as Ord. No. 657. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
