[HISTORY: Adopted by the City Council of the City of Vineland 5-28-1985 by Ord. No. 85-21 (Ch. 278 of the 1990 Code). Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings hereinafter set forth:
- BUSINESS ENTITY
- Any individual, partnership, corporation or other establishment which sells or distributes at retail any spray paint or indelible marker.
- Any unsightly or offensive writings, drawings, markings or other written or pictorial matter inscribed or placed by any method or device upon real or personal property which contributes to the defacement of such property or which contributes to the ugliness and unsightliness of the space, area or community in which such property is located or which is detrimental to the beauty, neatness and good order of the area and community. This definition shall exclude easily removable chalk markings on the public sidewalks and streets used in connection with traditional children's games.
- 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 1/2 inch or greater.
- Any person under the age of 18 years.
- Any individual, whether or not a minor, who defaces or otherwise damages the property of another by inscribing graffiti thereon.
No person shall write, paint or place with ink, paint, chalk or any other substance or otherwise mark, scratch, carve or etch graffiti on the real or personal property of another, whether said real or personal property is publicly or privately owned, unless the owners of said property shall have, prior to such writing, painting or placing of graffiti thereon, specifically consented to the same.
No business entity 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.
No minor shall, at the time of purchase of items specified in § 400-2B above, knowingly furnish false or fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate issued by the Federal Selective Service Act, an identification card issued to a member of the armed forces or any other document issued by a federal, state or municipal government or any private corporation or company.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. As an alternative to fine or imprisonment, the governing body of the City of Vineland hereby requests the Municipal Court to use whatever legal discretion it may have to order the offender to remove graffiti from public or private property which has been damaged or defaced so as to restore the damaged property to the condition it was in prior to being damaged or to make monetary restitution which will allow the restoration of said property to its original, undamaged condition.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of a minor under the age of 18 years 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 under § 400-2A above.
If, at the time of the offense charged, any person shall be a minor as defined hereunder, the authority enforcing this chapter shall refer charges brought against such minor to the Juvenile and Domestic Relations Court or the Family Court of the County of Cumberland, and the case, including all papers and process thereto, shall be transferred to said Court as provided by N.J.S.A. 2C:4-11.