[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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
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.
A.
The Municipal Court shall have exclusive jurisdiction over any person,
who is not a juvenile, who violates the provisions of this chapter.
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.