[HISTORY: Adopted by the City Council of the City of Rahway 8-10-1992 by Ord. No. A-19-92. Amendments noted where applicable.]
Peace and good order — See Ch. 307.
No person shall write, paint, or place with ink, paint, chalk, or other substance 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, painting, or placing of the graffiti, specifically consented to the same.
It shall be unlawful for any parent, legal guardian, or other person having legal custody and care of any minor child under the age of 18 years of age to assist, aid, abet, allow, permit, or encourage said minor to violate the provisions of this chapter, as defined herein, either by words, overt act, by failing to act, or by lack of supervision and control over said minor child.
Any minor child under the age of 18 years apprehended for a violation of this chapter shall be brought before a Judge of the Superior Court, Chancery Division, Family Part, and 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 City of Rahway and be subject to the penalties provided herein.
[Amended 6-14-1995 by Ord. No. O-38-95]
Any person found guilty of violating any of the provisions of this chapter, with the exception of § 245-1 above, upon conviction thereof shall pay a fine not less than $100 and not more than $1,000 or be subject to imprisonment for not more than 90 days, or both.
Notwithstanding the provisions of the preceding subsection, for a first offense involving the actual defacing or marring of any private or public property, a person having been convicted of same shall be subject to a minimum mandatory fine of not less than $250 and a minimum mandatory period of imprisonment or a term of community service not less than 10 days. One day of community service shall consist of eight hours.
For a second or subsequent violation involving the actual defacing or marring of any private or public property, a person having been convicted of same shall be subject to a minimum mandatory fine of not less than $500 and a minimum mandatory period of imprisonment of not less than 10 days, and shall be ordered to perform community service for a period of 30 days, which shall be of such form and substance as the court shall deem appropriate under the circumstances.
In addition to any other penalty imposed by the court, any person convicted for a violation of this chapter may, at the discretion of the Judge of the Municipal Court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti or be otherwise responsible for the cleaning, repairing, painting, or restoring the damaged property to the condition it was in prior to being damaged.
[Added 6-14-1995 by Ord. No. O-38-95]
The Municipal Council may provide for rewards, not to exceed $500 each, for the detection, apprehension and conviction of a person or persons found to be in violation of this chapter. Said reward shall be paid to any person or persons who the Municipal Council deems to be entitled thereto, based upon the recommendation of the Chief of Police of the City of Rahway. No reward shall be paid to any public employee whose duty it is to investigate or to enforce this chapter, or any associated law thereto, or the employee's spouse, child or parent living in the same household.