Graffiti
Graffiti is a symbol of blight that reduces property values and inhibits economic growth. Graffiti encourages further acts of vandalism and crime. Sample legislation restricts the sale of graffiti tools, including indelible markers and spray paint containers, especially to minors. There are also regulations that apply to vendors who sell graffiti tools, and specific signage must be displayed regarding penalties for graffiti. Group participants, who may merely possess graffiti tools and ladders, are held liable. Because minors are often the offenders, parental responsibility and liability is addressed. Penalty provisions often require that a minor and parent participate in community service together. Legislation should tackle removal of graffiti and restoration of property. Rewards may be offered for information leading to convictions. Protect your community by reviewing and enacting graffiti legislation.
Sample Ordinances:
East Orange, C. NJ: Ch. 157
Norristown, B. PA: Ch. 176
Oyster Bay, T. NY: Ch. 128
Parsippany-Troy Hills, Twp. NJ: Ch. 191
Return to Sample Legislation Archive
East Orange, NJ
Chapter 157, GRAFFITI
[HISTORY: Adopted by the City Council of the City of East Orange 9-11-1995 as Ord. No. 11-1995. Amendments noted where applicable.]
§ 157-1. Findings; purpose.
The City Council of the City of East Orange, New Jersey, hereby finds and declares that graffiti is detrimental to the health, safety and welfare of the community and that there is a perception in the community that the laws protecting public and private property can be disregarded with impunity. This perception fosters a sense of disrespect of the law that results in an increase of crime, is detrimental to the property values of the community, degrades the community and leads to urban blight and is inconsistent with the City of East Orange's property maintenance goals and aesthetic standards.
A. Graffiti results in visual pollution and is hereby deemed a public nuisance.
B. It is the purpose of this chapter to provide a mechanism in which individuals may be prosecuted for defacing public and private property.
§ 157-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CITY — The City of East Orange, New Jersey.
DEFACE — To cover, mark, write on, paint, color or otherwise mar, disfigure or draw whatsoever on any private or public property of any nature, without the express consent of the owner.
GRAFFITI — Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn down or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including, by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property, or the owner's authorized agent, which is visible from the private right-of-way.
INDELIBLE MARKER — Any felt tip marker, China marker or similar device that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
KNOWINGLY — Includes knowledge or information which a parent should reasonably be expected to have pertaining to the marking of graffiti. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental respectability through an objective test. There shall be no defense of a parent who is indifferent to the activities or conducts of a minor in their custody, when they have knowledge of individual's actions that are not in compliance of this chapter.
MINOR or JUVENILE — Used interchangeably and shall mean any person under the age of 17, any person less than 17 years of age or any person who has not celebrated his or her 17th birthday.
OWNER — The owner of record of the property as set forth in the records of the Tax Assessor for the City of East Orange.
PARENT — Any person to whom legal custody of a juvenile has been given by court order or is acting in the place of the parent or is responsible for the care and welfare of the juvenile and shall include:
A. Natural or adoptive parents.
B. Legal guardians.
C. A person who stands in loco parentis.
D. A person to whom legal custody has been given by court order.
PUBLIC PLACE — Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle use for public transportation, parking lot or any other parking, public building, structure or any municipal parking signs, etc., or area.
§ 157-3. Prohibited acts.
The following acts are prohibited.
A. No person shall willfully or maliciously damage, deface or vandalize any public or private property by painting, writing, drawing or otherwise inscribing in any fashion graffiti thereon without the express permission or consent of the owner. However, this prohibition shall not apply to easily removable (which are water soluble) chalk markings on public sidewalks or streets, written or drawn in connection with traditional children's games, or in any lawful business or public purpose or activity.
B. It shall be unlawful to aid anyone in defacing public or private property.
C. No person shall possess a spray container or indelible marker in any public place or on any public facility or private property with the intent to use the same to deface said public building, property or private property, absent express permission to the contrary.
§ 157-4. Parental responsibility.
It should be unlawful for a parent as defined in § 157-2 of this chapter having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in their control to place graffiti on any private or public property as defined in § 157-2 of this chapter.
§ 157-5. Enforcement.
A. Any minor under the age of 17 years found by a police officer to be in violation of this chapter shall be brought to the nearest police station, where the minor shall be released to his or her parent or guardian. The parent, as defined in § 157-2, shall be immediately notified and required to report to police headquarters to procure the juvenile.
B. When a parent immediately called has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If a parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities except to the extent that, in accordance with police regulations promulgated by the Chief of Police, approved in advance for juvenile authorities, the juvenile may temporarily be entrusted to an adult, relative, neighbor or other person who will, on behalf of the parent, assume responsibility for caring for the juvenile pending availability of the parent or guardian.
C. In the case of a first violation by the juvenile, the juvenile and parent shall receive, both in person and by certified mail, a written warning notice from the officer in charge of the police station indicating the circumstances under which the minor was found to be in violation of this chapter.
D. If the minor has been convicted of violating this chapter on a prior occasion within six months of the date of the present violation, there shall be a presumption that, whenever a minor has been convicted for a violation of this chapter, the parent or guardian having care of the minor knew or should have known of the minor's violation of this section.
§ 157-6. Violations and penalties.
A. Adults who are not parents of offenders as defined in § 157-2 of this chapter. Any adult who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:
(1) A fine of not less than $500 and not exceeding $1,000.
(2) Imprisonment not to exceed 90 days.
(3) A period of community service not to exceed 90 days.
B. Juveniles and/or parent violators as defined in § 157-4 of this chapter.
(1) After the receipt of a warning notice pursuant to § 157-5C of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service of a period no to exceed 90 days and may be subject to a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this Graffiti Chapter, they shall be required to perform community service together.
(2) If a minor has been found to violate this chapter twice within a six-month period, the minor shall receive a summons and complaint from the police officer who apprehended the minor for the violation of this chapter.
(3) If a juvenile is found to be in violation of this chapter on three occasions within six months, then the juvenile as well as the parent having the care and custody of the minor shall receive a summons and complaint for the violation of this chapter.
(4) Any juvenile who violates any of the provisions of this Graffiti Chapter as contained in § 157-3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, Corporation Counsel or their designee may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.
§ 157-7. Special account.
All fines collected shall be placed in a special account to be used as assistance to homeowners for removing graffiti not to exceed 70% of the total cost. (It is presumed that 30% of the fees collected are needed to defray court costs). This account will also be used to purchase graffiti cleaning equipment.
§ 157-8. Removal of graffiti.
A. Requirement to remove graffiti. The occupant, lessee, agent and/or landlord of any commercial premises which has any form of graffiti on any building or structure shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface within 10 business days after notice to the occupant, lessee, agent and/or landlord by the Chief of Police (or his designee) to remove the same.
B. Remedy. If said graffiti is not corrected within 30 business days after written notice is issued, then the City of East Orange shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, agent and/or landlord of said building or structure. The actual cost of the removal of the graffiti and/or repainting, plus the cost of inspection of said graffiti and/or repainting and other costs incidental to such removal, shall be certified by the Business Administrator to the City Council and therefor shall be entered as a lien upon the real property upon which the graffiti was found to be placed and shall be added to and become a part of the taxes to be assessed against and levied on the real property, and the same shall be collected and reinforced in the same manner as taxes.
§ 157-9. Payment of reward.
A reward of $250 shall be paid to any person who provides information or assistance leading to the apprehension and conviction of any person violating this chapter. This reward shall be payable after conviction out of a fund established for this purpose, but no reward shall be paid to any public employee whose duty it is to investigate or enforce this chapter. This Chief of Police is hereby authorized to grant such reward with the consent of the Municipal Council, and said reward shall only be given upon notification by the Municipal Court that the matter has been adjudicated.
Norristown, PA
Chapter 176
GRAFFITI
[HISTORY: Adopted by the Borough Council of the Borough of Norristown 11-1-1994 as Ord. No. 94-23. Amendments noted where applicable.]
§ 176-1. Findings.
The use of broad-tipped pens, paint spray cans, pencils, pens, crayons or other marking devices to write or place graffiti on the walls or other available spaces on public or private buildings, vehicles, areas or facilities causes serious defacement of such buildings, vehicles and areas, public and private, and contributes to the deterioration of property values, as well as offending the public's right, public and private, not to have unsightly and unlawful graffiti on, with defacement of, public and private property, and it constitutes a deleterious practice contrary to the public health and welfare. In addition, such contempt for the property rights of private citizens, as well as public facilities, contributes to the erosion of law and order and contributes to the deterioration in the quality of life of the community and must be opposed and punished.
§ 176-2. Definitions.
For the purposes of this chapter, the following definitions shall apply:
GRAFFITI — Includes any and all unsightly, offensive or defacing writings, drawings, markings or other written or pictorial matter by any method or device and of any content which contributes to the defacement of the real or personal property involved and which contributes to the ugliness and unsightliness of the object, space, area or community and which is detrimental to the beauty, neatness and good order of the area and community. This chapter shall not be construed to prohibit easily removable chalk markings on the public sidewalks and streets used in connection with traditional children's games.
MINOR — Any person under the age of 18 years.
PERSON — Includes associations, clubs, corporations, firms, partnerships and bodies politic, as well as all individuals.
PROPERTY — Any public or private property in the Borough of Norristown.
§ 176-3. Defacement of property prohibited.
No person shall write, print or place with ink, paint, chalk or other substances graffiti on the real or personal property of another, whether said personal or real property be publicly or privately owned.
§ 176-4. Parental responsibility.
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 knowingly assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this chapter, as herein defined, either by words, overt act or by failing to act.
§ 176-5. Accessories to prohibited acts.
All persons directly or indirectly involved shall be equally responsible and guilty, not alone the individual who may personally deface the object or area; but others in a group who knowingly make available the tools, writing material, ladders, lookout, materials or assistance or who knowingly supply funds to acquire such materials for such purposes shall be equally guilty and liable to punishment under this chapter.
§ 176-6. Violations and penalties.
A. Any person violating any of the provisions of this chapter shall, upon conviction, be fined not less than $100 nor more than $300 or imprisoned for not more than 90 days, or both.
B. Any person who violated either § 176-3, 176-4 or 176-5 of this chapter shall also be responsible for the cost of cleaning, repairing, painting or otherwise restoring the property which he/she damaged, defaced or vandalized so as to bring the property to the condition it was in prior to the application of the graffiti.
C. If said violator was under the age of 18 years old at the time of committing said offense, the District Justice shall order the person having care and custody of said violator to pay the prescribed fine and make restitution to said real or personal property owner.
§ 176-7. Liability of property owners for removal; fine.
Property owners shall be liable for removal of graffiti in the event that the person responsible for defacing the property cannot be determined. Upon proper notice by the duly authorized borough official, the property owner shall remove or cause to be removed any and all such graffiti within 60 days. Failure to comply with this section shall result in the imposition of a fine of not less than $100 nor more than $300. In the event that the borough shall cause to have the graffiti removed because the owner has not complied with an order to do so, the borough may recover the costs of the same from the property owner.
Oyster Bay, NY
Chapter 128
GRAFFITI ABATEMENT
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 1-24-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
§ 128-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING — Any structure used for commercial, business or residential purposes and any structure appurtenant to said use, such as garages, fences, retaining walls, facades or any other structure, located within the Town of Oyster Bay.
GRAFFITI — Any mark, figure, drawing, inscription or other notation, drawn, written, etched, painted or otherwise placed on any surface, building or property, inclusive of the use of stickers or paste-on stamps containing the marks defined herein, without the permission of the owner or occupant thereof.
GRAFFITI IMPLEMENT — Any aerosol spray paint matter or broad-tipped marker with a marking surface of one-fourth (¼) inch or more in any direction or any other substance or item used to make graffiti and/or related vandalism.
OWNER — Any fee owner or other person exercising a legal possessive right and/or legal control over property.
PERSON — Includes any human being, corporation, partnership, authority, company, municipality, unincorporated association, special improvement district, fire company, the State of New York or any other entity able to sue or be sued.
PROPERTY — Includes any real property and appurtenances and personal property, including all trailers, vehicles or other similar personal property, wherever it may be.
VENDOR — Any person who offers for sale and/or transfer any graffiti implement to any other person for value, consideration and/or otherwise.
§ 128-2. Prohibited acts.
No person shall make graffiti on any public or private building or other structure or any other real or personal property owned by others.
§ 128-3. Possession of graffiti implements.
A. No person shall carry an aerosol spray paint can, broad-tipped indelible marker or any other graffiti implement under circumstances which evince the intent to violate the provisions of this chapter.
B. It is unlawful for a person to use any object, bicycle or vehicle to assist a person to commit a violation of this chapter.
§ 128-4. Sale of graffiti implements.
A. Sale and display of graffiti implements; violations.
(1) No person shall sell, offer to sell or give aerosol spray paint, broad-tipped markers or any other graffiti implements to any person under the age of 18 years of age unless accompanied by an adult parent or guardian.
(2) No person offering aerosol spray paint and/or broad-tipped markers or other graffiti implements for sale shall display said materials except in a secure, enclosed, inaccessible display which will require vendor assistance for the handling, purchase and/or sale of said items.
(3) Any person who shall violate the terms of this provision shall, for a first offense, be subject to a minimum fine of $100 and a maximum fine of $500. For each and every subsequent offense within five years of the date of offense on the accusatory instrument, such graffiti vendor shall be subject to a fine of not less than $500, to a maximum of $1,000, and/or 15 days imprisonment.
B. Any person who offers for sale or transfer any graffiti implements shall display at each entrance to the place of business and at, around or about the area where graffiti implements are offered for sale or transfer to the public a sign to be not less than two by three (2 x 3) feet, in red letters, at least one inch in height, the following statement:
"It is unlawful to sell any aerosol spray paint or broad-tipped marker to any person under the age of 18. Persons under the age of 18 who possess any graffiti implements may be prosecuted for a crime. Penalties for violation of the graffiti ordinance of the Town of Oyster Bay shall include: fines up to $1,000, imprisonment up to one year in jail, community service, mandatory surcharges and forfeiture of property."
C. Failure to properly display such sign shall result in a fine of not less than $100 for a first offense. For any second or subsequent offense within five years of the date of offense on the accusatory instrument, there shall be a fine of $500 to $1,000 and/or 15 days' imprisonment.
§ 128-5. Removal of graffiti.
A. The owner, tenant and/or person in control of any building or personal property shall be required to remove any graffiti applied to such property not more than 15 days after such graffiti occurs. Failure to remove graffiti shall be a violation of this chapter.
B. Failure or refusal to remove graffiti.
(1) In the event that the owner, tenant and/or person in control of such a building, property or personal property shall fail or refuse to remove graffiti from his property, then said person or persons may be notified by certified mail, mailed to the property address, by the Commissioner of Planning and Development or his designated agent, that such person shall have a period of up to 15 days from receipt of such notice to complete removal or coverage of such graffiti.
(2) If such owner, tenant and/or person in control fails to comply with the terms of such notice within the time set forth therein, then the Town of Oyster Bay Commissioner of Planning and Development may order employees of any town department or a contractor with an agreement approved by the Town Board to engage in maintenance, repair and other services needed to effectuate the elimination or coverage of such graffiti on such property. All costs of such work shall be billed to the owner of the property and, if unpaid after 90 days, shall be certified to the County of Nassau for inclusion as taxes upon such parcel of property as was benefited thereby.
§ 128-6. Liability of parents or guardians.
The parent or legal guardian, other than the state or a Local Social Services Department, or a foster parent having custody of an infant over 10 and less than 18 years of age shall, if such infant willfully, maliciously or unlawfully makes graffiti or damages or destroys real or personal property, which personal property is owned or maintained by another, in addition to any other civil remedy a person who has suffered damage may have, be held liable for such damage or destruction. In no event shall such liability under this section be in excess of the sum of $2,500. It shall be a defense to any action brought hereunder that restitution has been made pursuant to § 758-a or 353.6 of the Family Court Act or Subdivision 2(g) of § 65.10 of the Penal Law. It shall also be a defense to an action brought under this section that such child has become emancipated from his parent or legal guardian prior to the occurrence of such damage. In lieu of such liability, or in combination therewith, the court may order such infant to perform services for the public good, as permitted by the General Obligations Law.
§ 128-7. Enforcement.
It shall be the duty of any peace officer, police officer of the County of Nassau or any duly authorized agent of the Town of Oyster Bay who is authorized to issue an appearance ticket or otherwise designated by the Town Board of the Town of Oyster Bay to enforce the provisions of this chapter against any person found to be violating the same.
§ 128-8. Seizure by police; forfeiture.
A. In accordance with appropriate law, any graffiti implement or other item, material or tool used in the violation of this chapter or in assisting with the commission of such violation shall be subject to immediate seizure by any police officer, peace officer or other individual authorized to enforce the provision of this chapter. Such items shall be held as evidence in any action or proceeding brought with reference to an offense under this chapter and shall be subject to forfeiture by an order of such court or to any order by a Justice of the Supreme Court.
B. Any vehicle used in the transport of graffiti implements or persons convicted of violating this chapter to or from a site or used in assisting with the commission of such offense shall be subject to immediate seizure by any police officer, peace officer or other individual authorized to enforce the provisions of this chapter. Said vehicles shall be held in evidence in any action or proceeding brought with reference to an offense under this chapter and shall be subject to an order of forfeiture of such court or to an order by a Justice of the Supreme Court.
C. The seizure of any graffiti implement and/or vehicle used in the transport of graffiti implements shall be subject to forfeiture. The true owner thereof must be provided with notice of such application to forfeit such property at least 10 days prior thereof [which may be mailed to such person(s), in which case at least 13 days' notice of such application must be provided]. That person(s) shall also have the opportunity to be heard with reference to the question of forfeiture of such property as is set forth in the papers provided to such person(s) before a judge of proper jurisdiction. The person(s) from whom the property was seized shall be similarly notified of such proposed forfeiture.
D. Any order of forfeiture shall be deemed a final order with respect to such question. After service upon the person(s) of a copy of any such order of forfeiture, such person(s) must serve and file a notice of appeal within 15 days of the service upon them of such order directing forfeiture.
E. The Town Attorney of the Town of Oyster Bay and/or the District Attorney of Nassau County are authorized to commence such application and prosecute the same.
§ 128-9. Penalties for offenses.
A. Any violation of any section of this chapter except as otherwise specifically set forth shall be a Class A misdemeanor punishable by one year imprisonment and/or a fine of not less than $500 nor more than $1,000, in addition to mandatory community service hours. There shall also be imposed a mandatory one-hundred-dollar surcharge for the Town of Oyster Bay Anti-Graffiti Program.
B. Any person convicted of a violation of § 128-2 or 128-3A, in addition to the penalties listed above and where the violation was committed by a person under the age of 18 years, shall perform not less than 10 hours of community service during a time other than during his or her school attendance requirement. One parent or guardian shall be present at the site of the community service for at least one-half (½) of the hours of community service required under this section, unless attendance by the parent or guardian is deemed by the court to be inappropriate or potentially detrimental to the child.
§ 128-9.1. Violation of directives. [Added 8-19-1997 by L.L. No. 6-1997]
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900 or imprisonment for a period not to exceed 15 days, or both.
Parsippany-Troy Hills, NJ
Chapter 191
GRAFFITI
[HISTORY Adopted by the Township Council of the Township of Parsippany-Troy Hills by Ord. No. 94:30. Amendments noted where applicable.]
§ 191-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI — The unlawful application of any drawing, inscription, figure or mark upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned.
GRAFFITI TOOLS — Any device including a spray paint container or indelible marker that can be used to apply any non-water soluble solution to any surface described in the definition of "graffiti" hereof.
HOBBY-SIZED PAINT CONTAINER — Any spray paint container of six ounces or less.
INDELIBLE MARKER — Any felt tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface of 1/2 inch or greater.
MINOR — Any person under the age of 18 years.
PERSON — Any retail establishment.
SPRAY PAINT CONTAINER — Any receptacle, whether or not aerosol, holding paint that can be used to apply paint to any surface described in the definition of "graffiti" hereof.
§ 191-2. Graffiti prohibited.
A. Prohibited conduct. It shall be unlawful for any person to deface, destroy or otherwise damage private or public property without the owner's consent, by or through the application of what is commonly known as "graffiti."
B. Possession of graffiti tools prohibited. It shall be unlawful for any person to have in his or her possession any spray paint container, indelible marker or other graffiti tool while on public or private property, without the consent of the respective owner of such property, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of property in the vicinity. Among the circumstances which may be considered by the enforcement officer in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of an enforcement officer, refuses to identify him or herself or manifestly endeavors to conceal him or herself or the graffiti tool. Prior to any citation being issued to a person for a violation of this chapter, such person shall be afforded an opportunity by the enforcement officer to dispel any alarm or immediate concern which could otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct.
§ 191-3. Sale of spray paint and other graffiti tools.
A. Sale to minors.
(1) No person shall sell or otherwise transfer any indelible marker or spray paint container other than a hobby-sized paint container to a minor, unless said minor is accompanied by parent or legal guardian at time of purchase or transfer.
(2) No minor shall, at the time of purchase of items specified in Subsection A, knowingly furnish fraudulent evidence of his or her majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government.
B. Display and sale requirements.
(1) No person shall sell or offer for sale, transfer or offer to transfer any spray paint container, including hobby-sized paint containers, unless such spray paint container is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free access to the merchandise by the public. The merchant may, at its discretion, utilize a line-of-sight display. To qualify as a line-of-sight display, the products must be easily and readily observed by the retail personnel at all times. To accomplish line-of-sight requirements, a retailer may utilize placement of personnel work stations, mirrors or cameras or other such devices or arrangements acceptable to the Township enforcement officials to ensure surveillance of the product.
(2) Every person selling spray paint or indelible markers shall place a sign in clear public view at or near the display of such product stating:
IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSON UNDER 18 YEARS OF AGE IN THE TOWNSHIP OF PARSIPPANY-TROY HILLS AND IS PUNISHABLE BY A FINE OF UP TO $1,000, OR IMPRISONMENT NOT TO EXCEED 90 DAYS INCLUDING A SENTENCE OF COMMUNITY SERVICE.
§ 191-4. Deterrence and intervention.
A. Reward program.
(1) Any person who shall provide information which leads to the arrest, conviction and actual payment of a fine by a violator of this chapter is entitled to receive from the Township a reward of up to $100. The Township Administrator, or his designee, shall determine whether a particular reward shall be divided among persons based on the information provided and the number of persons providing it; but in no event shall the total reward relating to a particular violation exceed $100. No person employed by the Township shall be eligible for such reward.
(2) Any fines imposed by the Municipal Court or other agencies authorized to impose a fine for a violation of this chapter shall be deposited in an account to be used for the reward payments under this chapter.
B. Property owner to remove graffiti.
(1) It shall be unlawful for any person, firm, public agency or utility owning, or acting as manager or agent for the property, whether privately or publicly owned, to permit the application of or fail to remove any graffiti from the property within 30 days of receipt of notice from the Township to remove such graffiti. If the person, firm, public agency or utility owning, or acting as manager or agent for the owner of such property fails to remove the graffiti timely, the Township shall cause the graffiti to be removed and charge the property owner for the expenses incurred. Failure of the property owner to pay the Township shall result in the charges being placed as a municipal lien upon the property as permitted by statute.
(2) The Township police officers and code enforcement officers are hereby authorized to enforce the provisions of this chapter, including the issuance of summonses and notices required under Subsection B(3) hereof.
(3) Notice to remove graffiti. Whenever the Township becomes aware of the existence of graffiti on any property, including structures or improvements within the Township, a code enforcement officer or a police officer shall give, or cause to be given, notice to the property owner and/or owner's agent or manager to remove such graffiti therefrom. Such notice shall be in writing, and have substantially the following form:
NOTICE TO REMOVE GRAFFITI FROM PROPERTY
TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE PROPERTY HEREINAFTER DESCRIBED
YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF ORDINANCE 94-30 OF THE CODE OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK IN THE MUNICIPAL BUILDING PURSUANT THERETO, YOU ARE HEREBY NOTIFIED THAT A CERTAIN UNSIGHTLY CONDITION EXISTS ON PREMISES SPECIFICALLY DESCRIBED AS WHICH INJURES NEIGHBORING PROPERTY AND THE PUBLIC HEALTH, SAFETY AND WELFARE. YOU ARE THEREFORE NOTIFIED AT ONCE, AND IN ANY EVENT WITHIN THIRTY DAYS FROM THE DATE OF THIS NOTICE, TO REMOVE SUCH GRAFFITI FROM THE PROPERTY AND THEREAFTER TO KEEP THE PROPERTY FREE THEREFROM.
IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK WITHIN THE TIME HEREINABOVE MENTIONED, THE UNDERSIGNED SHALL CAUSE THE SAME TO BE REMOVED AND YOU WILL BE RESPONSIBLE FOR THE COST OF REMOVAL OF THE CONDITION FROM THE PROPERTY INCLUDING IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
§ 191-5. Violations and penalties.
A. Parental responsibility. Any act in violation of the provisions of this chapter committed by a minor under the age of 18 years shall be imputed to that minor's parent or legal guardian. A parent or guardian of a minor who violates any provision shall be liable for payment of any fines, the expense of restoration and for the performance of community service simultaneously with the convicted minor as provided in Subsection B hereof.
B. Any person committing a violation of any provision of this chapter shall be punished by a fine of not more than $1,000 or imprisonment not exceeding 90 days, or both. All monetary fines collected by the Township shall be placed in a fund to be utilized for the removal of graffiti from public structures and for the Reward Program as provided in § 191-4. In lieu of imprisonment, the Judge may impose a sentence of community service not to exceed 90 days with the express requirement that the offender clean graffiti from public property within the Township and if the minor's parent or legal guardian as well as the minor are found guilty of a violation of this chapter, the minor's parents or legal guardian shall perform community service together with the minor.
§ 191-6. Neighboring municipalities to adopt similar legislation.
The administrative and legislative branches of this government shall endeavor to have the municipalities in close territorial proximity with the Township of Parsippany-Troy Hills adopt legislation prohibiting the conduct as set forth by this chapter.
