[HISTORY: Adopted by the Township Committee
of the Township of Montville by Ord. No. 1308 as Ch. 9.16 of the 1998 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A retail or wholesale establishment.
The application of any drawing, inscription, figure or mark
upon any surface, structure, wall, rock, bridge, building, fence,
gate, road, tree or other real or personal property, privately or
publicly owned, without the permission or authorization of the owner
or owner's agent.
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.
Any human being, including minors.
Any receptacle, whether or not aerosol, containing paint
that can be used in and of itself to apply graffiti.
No person shall deface, destroy, vandalize or
otherwise damage public or private property by painting, writing,
drawing, inscribing or otherwise applying in any fashion what is defined
herein as graffiti.
No person shall write or cause to be written
any lewd, indecent or obscene word or words, marks or mark whatsoever,
or draw or cause to be drawn any lewd, indecent or obscene figure,
upon any house, building, wall, fence or other place in the Township.
A.
Sale to minors. No business or 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.
False identification. No minor shall, at the time
of purchase of any spray paint container or indelible marker, 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.
C.
Notice. Every business or person selling spray paint
containers or indelible markers shall place a sign in clear public
view near the display of such products stating:[1]
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THE SALE OR TRANSFER OF SPRAY PAINT CONTAINERS
OR WIDE-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE
NOT ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN IS PROHIBITED IN THE
TOWNSHIP OF MONTVILLE. VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO
$2,000 OR IMPRISONED FOR A PERIOD NOT TO EXCEED 90 DAYS INCLUDING
A SENTENCE OF COMMUNITY SERVICE.
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A.
Any owner or agent thereof shall procure the removal
of any graffiti from his property immediately or within 30 days of
receipt of notice from the Township to remove such graffiti. If the
owner or agent of such property fails to remove the graffiti in a
timely manner, the Township shall cause the graffiti to be removed
and charge the property owner for the expenses incurred. Failure of
the property owner to pay the Township shall result in the expenses
being placed as a municipal lien upon the property as permitted by
law.
B.
The Township police officers and code enforcement officers are hereby authorized to enforce the provisions of this chapter, including the issuance of summonses and notices required under Subsection C of this section.
C.
Whenever the Township becomes aware of the existence
of graffiti on any property, including structures or improvements
within the Township, a Zoning Enforcement Officer or a police officer
shall give or cause to be given notice to the property owner and/or
owner's agent or manager to remove such graffiti therefrom. Such notice
shall be in writing and have substantially the following form:
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NOTICE TO REMOVE GRAFFITI FROM PROPERTY
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TO THE OWNER, AGENT OF THE OWNER OR PERSON MANAGING
THE PROPERTY HEREINAFTER DESCRIBED.
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YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS
OF THE CODE OF THE TOWNSHIP OF MONTVILLE ON FILE IN THE OFFICE OF
THE TOWNSHIP CLERK IN THE MUNICIPAL BUILDING. PURSUANT THERETO, YOU
ARE HEREBY NOTIFIED THAT A CERTAIN UNSIGHTLY CONDITION EXISTS ON PREMISES
SPECIFICALLY DESCRIBED AS ________________________ WHICH INJURES NEIGHBORING
PROPERTY AND THE PUBLIC HEALTH, SAFETY AND WELFARE. YOU ARE HEREBY
NOTIFIED TO IMMEDIATELY REMOVE SUCH GRAFFITI FROM THE PROPERTY AND
THEREAFTER TO KEEP THE PROPERTY FREE THEREFROM.
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IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK,
THE UNDERSIGNED SHALL CAUSE THE SAME TO BE REMOVED AND YOU WILL BE
RESPONSIBLE FOR THE COST OF REMOVAL OF THE CONDITION FROM THE PROPERTY
INCLUDING IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
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No person shall bring into or have in any park
within the Township any destructive device or can, aerosol can, tube
or other object containing paint or similar substance. The term "destructive
device" means anything readily capable of damaging or defacing any
building, facility, structure, improvement or natural feature within
the parks. Nothing in this section shall prohibit any person from
bringing or having such items in said parks for lawful recreational
or business purposes.
B.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian
or other person having legal custody of a minor who fails or neglects
to exercise reasonable supervision and control of such minor shall
be liable in a civil action for any destruction or damage caused by
such minor offender pursuant to this chapter.
The administrative and legislative branches
of this government shall endeavor to have the municipalities in close
territorial proximity with the Township of Montville adopt similar
legislation prohibiting the conduct as set forth by this chapter.
