City of Camden, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Camden 6-28-1984 by Ord. No. MC-2040.
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."
Amendments noted where applicable.]
GENERAL REFERENCES

Advertising materials and graffiti — See Ch. 115.

Curfew — See Ch. 200.

Licenses and business regulations — See Ch. 332.

Parental responsibility — See Ch. 382.

Peace and good order — See Ch. 395.

Removal of graffiti — See Ch. 418, Part 3.

Signs — See Ch. 471.

§ 485-1
Definitions. 

§ 485-2
Packaging and accessibility for sale. 

§ 485-3
Purchasing minors to be accompanied by parent. 

§ 485-4
Exhibit of fraudulent identification by minors. 

§ 485-5
Similar regulations in nearby municipalities. 

§ 485-6
Violations and penalties; confiscation of inventory.  

§ 485-7
License required; application; fee.  

§ 485-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GRAFFITI
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]
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.
MINOR
Any person under the age of 18 years.
PERSON
Any retail establishment.
SPRAY PAINT CONTAINER
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]

§ 485-2 Packaging and accessibility for sale.

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.

§ 485-3 Purchasing minors to be accompanied by parent.

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.

§ 485-4 Exhibit of fraudulent identification by minors.

No minor shall, at the time of purchase of items specified in § 485-3, 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.

§ 485-5 Similar regulations in nearby municipalities.

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 chapter.

§ 485-6 Violations and penalties; confiscation of inventory.

[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 chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-16A.

[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 § 485-7. The business proprietor may reclaim the spray paint containers and indelible markers upon payment of a confiscation fee of $200.

§ 485-7 License required; application; fee.

[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]