[HISTORY: Adopted by the Bloomfield Council
as indicated in article histories. Amendments noted where applicable.]
[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:
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; 5-5-2008 by Ord. No. 08-18]
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:
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.
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; 5-5-2008 by Ord. No. 08-18]
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.
