Borough of Kenilworth, NJ Chapter 109 Graffiti

[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 8-22-2007 by Ord. No. 2007-09. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 150.

§ 109-1 Definitions.

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

DEFACE

To cover, mark, write on, paint, color or otherwise mar, disfigure or draw whatsoever on any private or public property of any nature without the express consent of the owner.

GRAFFITI

Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn on or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including, by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property, or the owner's authorized agent, which is visible from the private right-of-way.

PUBLIC PLACE

Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other parking, public building, structure or any municipal parking signs, etc., or area.

§ 109-2 Prohibited acts.

No person shall willfully or maliciously damage, deface or vandalize the property of another by painting, scribbling or inscribing in what is commonly referred to as "graffiti" on any public place or private property and commit graffiti thereon, whether the same embraces any obscenity, vulgarity or any other inscriptions or markings.

§ 109-3 Violations and penalties.

A. Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Any person who violates this chapter may also be responsible for cleaning, repairing, painting or otherwise restoring the property which he or she has damaged, defaced or vandalized so as to bring the property to the condition it was in prior to its defacement.

§ 109-4 Violations by juveniles; restitution.

A. Violations by juveniles. If at the time of the offense charged any person shall be under the age of 18 years, the Superior Court, Chancery Division, Family Part, shall have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Superior Court, Chancery Division, Family Part, and the case, including all papers and process pertinent thereto, shall be transferred to said Court as provided in N.J.S.A. 2C:4-11. Any person taking a juvenile into custody shall immediately notify the parents or the juvenile's guardian, if any that the juvenile has been taken into custody, pursuant to N.J.S.A. 2A:4A-33.

B. Restitution for additional violations by juveniles. In the event that the present complaint shall result in a second determination of a violation of this chapter by any person under the age of 18 years, the parents or guardian of such infant shall be liable in an action brought by the injured property owner before the Municipal Court for restitution in the amount of the pecuniary damage sustained by the injured property owner.

§ 109-5 Jurisdiction over violations; additional restitution.

A. The Municipal Court shall have exclusive jurisdiction over any person, who is not a juvenile, who violates the provisions of this chapter.

B. (Reserved)[1]

[1] Editor's Note: Original § 109-5B, which contained penalties for violations of this chapter, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 109-3, Violations and penalties.

C. As a condition of sentencing, the Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged, provided that a determination is made that any restoration efforts made by the offender shall not subject the offender to unreasonable risk of death or serious physical injury or otherwise be a violation of law.

D. In the event that the offender is unable to comply with the above, the Municipal Court shall have the authority to order that said offender make full monetary restitution to restore the property to its original, undamaged condition. The Municipal Court shall have the full discretion to set the terms of restitution.