[HISTORY: Adopted by the City Council of the City of Camden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-1984 by Ord. No. MC-2040[1] (Ch. 485 of the 1987 Code)]
[1]
Editor's Note: As originally adopted, Ord. No. MC-2040
included the following preface:
"WHEREAS, there is a widespread use of spray paint and indelible
markers in the permanent defacement of public property; and
"WHEREAS, the marring of public and private property has contributed
to the blight and degradation of neighborhoods and public places;
and
"WHEREAS, the easy application and ready accessibility to
spray paint and indelible markers facilitates its misuse and hinders
enforcement agencies from preventing persons from defacing public
and private property or apprehending those committing the offensive
conduct; and
"WHEREAS, a substantial portion of the defacement of public
and private property has been caused by minors using spray paint containers
and indelible markers, obtained both legally and illegally; now, therefore."
As used in this article, the following terms shall have the
meanings indicated:
Any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn,
painted or engraved on or otherwise affixed to any surface of public
or private property by any graffiti implement, to the extent that
the graffiti was not authorized in advance by the owner or occupant
of the property or, despite advance authorization, is otherwise deemed
a public nuisance by the City Council.
[Added 9-10-1998 by Ord. No. MC-3411]
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.
Any person under the age of 18 years.
Any retail establishment.
Any aerosol container that is adapted or made for the purpose
of applying spray paint or other substances capable of defacing property.
[Added 9-10-1998 by Ord. No. MC-3411]
No person shall sell or offer for sale, transfer or offer to
transfer any spray paint container or indelible marker unless such
spray paint container or indelible marker 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.
No 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 time of purchase or transfer.
No minor shall, at the time of purchase of items specified in § 428-3, 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.
The administrative and legislative branches of this government
shall endeavor to have the municipalities in close territorial proximity
with the City of Camden adopt legislation prohibiting the conduct
as set forth by this article.
[Amended 8-23-1984 by Ord. No. MC-2051; 4-9-1987 by Ord. No. MC-2289; 9-10-1998 by Ord. No. MC-3411]
A.
Unless otherwise provided in the article, penalties against persons violating the provisions of this article shall be imposed in accordance with the provisions of § 1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
B.
In addition, the City may confiscate the entire inventory of spray paint containers and indelible markers from a business for a second or repeated violation of this section or for failure to obtain the license required in § 428-7. The business proprietor may reclaim the spray paint containers and indelible markers upon payment of a confiscation fee of $200.
[Added 9-10-1998 by Ord. No. MC-3411]
A.
No person shall sell or offer for sale, transfer or offer for transfer
any spray paint container or indelible marker unless that person has
obtained a license from the Department of Licenses and Inspections.
B.
Application for such license shall be made on forms provided by the
Department of Licenses and Inspections.
C.
The fee for such license is $149.04.
[Amended 10-14-2008 by Ord. No. MC-4431; 7-13-2010 by Ord. No.
MC-4554]
[Adopted 7-23-1987 by Ord. No. MC-2316 (Ch. 118, Art. III,
of the 1987 Code)]
The City of Camden may offer rewards, not exceeding $500 each,
for the detection and apprehension of any person guilty of purposely
or knowingly damaging tangible property of another by an act of graffiti.
A reward is to be payable after a conviction out of those funds of
the City of Camden made available therefor. The reward shall be paid
to any person who the City of Camden, acting upon the recommendation
of the Director of Police, may deem entitled thereto, but no reward
shall be paid to any public employee whose duty it is to investigate
or to enforce the law or to the employee's spouse, child or parent,
living in the same household.
[Amended 4-26-2007 by Ord. No. MC-4290]
For the purpose of this article:
Drawing, painting or making of any mark or inscription on
public or private real or personal property without the prior written
permission of the owners of the property.
[Amended 4-26-2007 by Ord. No. MC-4290]
No person shall place any graffiti on any building, structure
or other exposed surface located in the City of Camden.
[Amended 4-26-2007 by Ord. No. MC-4290]
The owner of the property on which the graffiti is placed shall
remove that graffiti. If the owners shall fail to remove that graffiti,
the proper personnel of the Department of Code Enforcement shall issue
an order directing the owners to remove the graffiti in 90 days from
the date that the notice is sent. If the property is owned by the
Department of Transportation, the notice shall provide 120 days for
the removal of the graffiti. The notice required herein shall be sent
to the property owner by certified and regular mail. Unless the property
owner has provided the City with a different address, the notice shall
be sent to the address which appears in the tax records of the City
of Camden.
[Amended 4-26-2007 by Ord. No. MC-4290]
The notice described in § 428-11 shall contain a form to be utilized by a property owner to inform the City that the graffiti has been removed. The form shall contain a provision stating that by affixing a signature to the form, indicating that the graffiti has been removed, the owner is certifying that the facts set forth to us are true and that the certification shall be considered as if made under oath subject to the same penalties as provided by law for perjury.
[Amended 4-26-2007 by Ord. No. MC-4290]
An owner who has been ordered to remove graffiti shall respond
to the municipality by personal delivery or certified mail:
[Amended 4-26-2007 by Ord. No. MC-4290]
An owner who objects to that order may institute an action challenging
the order before a court of competent jurisdiction within 60 days
of the date of the order.
[Amended 4-26-2007 by Ord. No. MC-4290; 12-10-2019 by Ord. No. MC-5232]
If the property owner does not undertake the removal of the
graffiti within 90 days of the date of the order, or, in the case
of the Department of Transportation, within 120 days of the date of
the order, unless an action is pending in a court of competent jurisdiction,
the City may remove the graffiti from the property and present the
owner with a detailed itemization of the costs incurred by the City
for reimbursement from the property owner by certified and regular
mail.
[Amended 4-26-2007 by Ord. No. MC-4290]
Where the City undertakes the removal of graffiti and presents
the owner with the detailed itemization of the cost of removal and
the owner fails to reimburse the City for the cost of removal within
15 days of the date the itemization is mailed, the City may file the
itemization with the Office of the Tax Collector, whereupon the total
of the amount shown thereon shall be recorded as a lien against the
premises. In addition to or in lieu of the filing of a lien against
the property, the City may file an action for the collection of the
debt in the Superior Court of the State of New Jersey as authorized
by P.L. 2006, c. 31.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.59.
