[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 9.16 of the 1998 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A retail or wholesale establishment.
- The application of any drawing, inscription, figure or mark upon any surface, structure, wall, rock, bridge, building, fence, gate, road, tree or other real or personal property, privately or publicly owned, without the permission or authorization of the owner or owner's agent.
- 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.
- Any person under the age of 18 years.
- Any human being, including minors.
- SPRAY PAINT CONTAINER
- Any receptacle, whether or not aerosol, containing paint that can be used in and of itself to apply graffiti.
No person shall deface, destroy, vandalize or otherwise damage public or private property by painting, writing, drawing, inscribing or otherwise applying in any fashion what is defined herein as graffiti.
No person shall write or cause to be written any lewd, indecent or obscene word or words, marks or mark whatsoever, or draw or cause to be drawn any lewd, indecent or obscene figure, upon any house, building, wall, fence or other place in the Township.
Sale to minors. No business or person shall sell or otherwise transfer any spray paint container or indelible marker to a minor unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
False identification. No minor shall, at the time of purchase of any spray paint container or indelible marker, knowingly furnish fraudulent evidence of 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.
Notice. Every business or person selling spray paint containers or indelible markers shall place a sign in clear public view near the display of such products stating:
THE SALE OR TRANSFER OF SPRAY PAINT CONTAINERS OR WIDE-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE NOT ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN IS PROHIBITED IN THE TOWNSHIP OF MONTVILLE. VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO $2,000 OR IMPRISONED FOR A PERIOD NOT TO EXCEED 90 DAYS INCLUDING A SENTENCE OF COMMUNITY SERVICE.
Any owner or agent thereof shall procure the removal of any graffiti from his property immediately or within 30 days of receipt of notice from the Township to remove such graffiti. If the owner or agent of such property fails to remove the graffiti in a timely manner, 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 expenses being placed as a municipal lien upon the property as permitted by law.
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 C of this section.
Whenever the Township becomes aware of the existence of graffiti on any property, including structures or improvements within the Township, a Zoning 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 THE CODE OF THE TOWNSHIP OF MONTVILLE 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 HEREBY NOTIFIED TO IMMEDIATELY REMOVE SUCH GRAFFITI FROM THE PROPERTY AND THEREAFTER TO KEEP THE PROPERTY FREE THEREFROM.
IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK, 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.
No person shall bring into or have in any park within the Township any destructive device or can, aerosol can, tube or other object containing paint or similar substance. The term "destructive device" means anything readily capable of damaging or defacing any building, facility, structure, improvement or natural feature within the parks. Nothing in this section shall prohibit any person from bringing or having such items in said parks for lawful recreational or business purposes.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of a minor who fails or neglects to exercise reasonable supervision and control of such minor shall be liable in a civil action for any destruction or damage caused by such minor offender pursuant to this chapter.
The administrative and legislative branches of this government shall endeavor to have the municipalities in close territorial proximity with the Township of Montville adopt similar legislation prohibiting the conduct as set forth by this chapter.