[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 2-28-1989 by Ord. No. 841-89. Amendments noted where applicable.]
No person shall willfully or maliciously damage, deface or vandalize the property of another by painting, scribbling or inscribing in what is commonly referred to as "graffiti" on public or private property and commit graffiti thereon, whether the same embraces any obscenity, vulgarity or any other inscriptions or markings.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person who violates this chapter may also be responsible for cleaning, repairing, painting or otherwise restoring the property which he or she has damaged, defaced or vandalized so as to bring the property to the condition it was in prior to its defacement.
If at the time of the offense charged any person shall be under the age of 18 years, the Superior Court, Chancery Division, Family Part shall have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Superior Court, Chancery Division, Family Part, and the case, including all papers and process pertinent thereto, shall be transferred to said Court as provided in N.J.S.A. 2C:4-11. Any person taking a juvenile into custody shall immediately notify the parents or the juvenile's guardian, if any, that the juvenile has been taken into custody, pursuant to N.J.S.A. 2A:4A-33.
In the event that the present complaint shall result in a second determination of a violation of this chapter by any person under the age of 18 years, the parents or guardian of such infant shall be liable in an action brought by the injured property owner before the Municipal Court for restitution in the amount of the pecuniary damage sustained by the injured property owner.