Township of Bloomfield, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Bloomfield Council as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Rewards for curtailing and prevention of malicious or willful damage to property — See Ch. 404. Art. VI.
[Adopted 10-15-1984 as Sec. 19-51 of the 1962 Code (Ch. 150, Art. I, of the 1987 Code)]
The use of broad-tipped pens, paint, spray cans, pencils, pens, crayons or other marking devices to write graffiti on the walls or other spaces of 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. Such practices exhibit a contempt for the property rights of private citizens as well as governmental authority, contribute to an erosion of respect for authority and depreciate the quality of life in the community.
As used in this article, the following terms shall have the meanings indicated:
GRAFFITI
Includes any unsightly, offensive or defacing writings or other written or pictorial matter by any method or device and of any content which contributes to the defacement of real or personal property and which contributes to the ugliness and unsightliness of its object, space, area or community and which is detrimental to the attractiveness, neatness and good order of the municipality.
A. 
The writing or placing of any written or pictorial graffiti, writings, pictures or other markings whatsoever by any defacing whatsoever, including but not limited to pens, spray cans, pencils, crayons, paint, chalk or any other method or substance whatsoever, on any public or private property, or a mixture of both, without the express knowledge and consent of the owner is prohibited.
B. 
The marking or defacing of any property, real, personal or mixed, by an owner thereof in such a manner as to constitute graffiti is likewise prohibited.
In the enforcement of this article, all persons directly or indirectly involved shall be as equally responsible and guilty as the individual who actually defaces the object or area. Any individuals who encourage and participate in such activity, as well as individuals who make available the tools, writing materials, ladders, lookouts, material or assistance or who knowingly supply funds to acquire materials for such purposes, including parents and friends, shall be equally guilty and liable for punishment under this article.
A. 
Any person found guilty of violating any of the provisions of this article shall, upon conviction thereof, be punished as provided in § 1-15, General penalty, of this Code, in the discretion of the Municipal Court Judge.
[Amended 11-2-1987[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I
B. 
In addition, the Municipal Court Judge is urged to require appropriate corrective measures and restitution by requiring the offender to remove the graffiti under the supervision of such municipal employee or other person designated by the Court.
C. 
Any minor child under the age of 18 years shall be brought before the Superior Court, Chancery Division, Family Part, and shall be subject to the penalties provided by said Court.
This article shall not be construed to prohibit easily removable chalk markings on public sidewalks or streets in connection with traditional children's games or any lawful business or public purpose or activity.
[Adopted 10-15-1984 as Sec. 19-52 of the 1962 Code (Ch. 150, Art. II, of the 1987 Code)]
Whereas there is widespread use of spray paint and indelible markers in the permanent defacement of public and private property; and whereas the defacement or 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 use 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, the following provisions shall apply.
As used in this article, the following terms shall have the meanings indicated:
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.
No person shall sell or transfer or offer for sale or 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.
A. 
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 the time of purchase or transfer.
B. 
No minor shall, at the time of purchase of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate 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.
Absent express permission to the contrary, it shall be unlawful for any person to possess a spray paint container or indelible marker in any public building or upon any public facility or private property with intent to use the same to deface said public building, facility or property.
[Amended 11-2-1987[1]]
Any person found guilty of violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as provided in § 1-15, General penalty, of this Code, in the discretion of the Municipal Court Judge.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.