[HISTORY: Adopted by the Board of Commissioners
of the Village of Ridgefield Park 8-10-1993 by Ord. No. 13-93;
amended in its entirety 7-8-2008 by Ord. No. 08-06 (§ 150-34
of the 1985 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 287.
As used in this chapter, the following terms
shall have the meanings indicated:
Any letters, numbers, word or words, writing, inscription,
symbol, drawing, carving, etching or any other marking of any nature
whatsoever which defaces, obliterates, covers, alters, damages or
destroys the real or personal property of another. This chapter shall
not be construed to prohibit easily removable chalk markings on the
public sidewalks and streets used in connection with traditional children's
games.
Any person under the age of 18 years.
Any container or other device which contains paint or other
pigmented substance which is intended to expel the paint or pigment
without the aid of additional devices or substances and includes aerosol
spray paint as it is commonly known.
A marking pen or instrument of which the surface used for
writing or marking purposes is equal to or greater than 1/8 of an
inch.
It is the express intent of this chapter to
impress upon the general public the necessity of removing graffiti
from any and all buildings, as it not only devalues the property but
devalues the Village of Ridgefield Park as a whole. The Board of Commissioners
further finds and declares that the prompt removal of graffiti is
the responsibility of all property owners and that, in the event a
property owner should fail or refuse to remove such graffiti, it is
appropriate for the Village of Ridgefield Park to abate such a nuisance
and to charge the cost thereof as a lien against the property.
A.
Graffiti prohibited. No person shall write, draw,
paint, print or place with ink, paint, chalk or other substance, graffiti
or other markings, whether obscene or not and whether intended to
offend or not, on the real or personal property of another, whether
such property is publicly or privately owned, unless the owner of
said property shall have, prior to the drawing, writing, printing
or placing of such markings, specifically consented to same; provided,
however, that nothing contained herein shall prohibit the occasional
and temporary marking of public streets or sidewalks with chalk for
traditional children's games.
B.
Notice required with sale of certain items. No person
shall knowingly sell or offer for sale to the general public any spray
paint or other pigmented substance in an aerosol or similar spray
container or any wide felt-tip marker, as defined above, unless a
sign is exhibited, either where the product is displayed or where
it is paid for, warning that in the Village of Ridgefield Park a conviction
for an act of graffiti carries a minimum mandatory fine of $250 for
a first offense and carries additional penalties, including fines,
restitution and community service, for subsequent violations.
C.
Possession prohibited. It shall be unlawful for any
person to possess a spray paint container, liquid paint in cans, a
wide felt-tip marker or any other pigmented substance in an aerosol
or similar spray container in any public building or upon any public
facility or private property with the intent to use the same to deface
said building, facility or property. A person who possesses a spray
paint container, liquid paint in cans, a wide felt-tip marker or any
other pigmented substance in an aerosol or similar spray container
in any public building, or upon any public facility or private property,
with no legitimate or lawful purpose therefor, shall be presumed to
have possessed the same with the intention of using such container,
marker, can or paint to deface said building, facility or property,
the said presumption being rebuttable by the possessor demonstrating
a lawful, legitimate use for the container, marker, can or paint.
A.
Time limit for removal. Owners of real property within
the Village of Ridgefield Park shall be required to remove graffiti
from all buildings and structures upon their property within 21 calendar
days following discovery thereof or within 21 calendar days of receipt
of a notice thereof sent by certified mail, return receipt requested,
from any agency of the Village of Ridgefield Park served upon the
owner, property manager or occupant of said premises, whichever shall
first occur.
B.
Failure or refusal to remove graffiti. Upon the failure
or refusal of the property owner to remove said graffiti within said
twenty-one-day period, the Village of Ridgefield Park may enter upon
said property, remove said graffiti, and put the premises in proper
condition so as to comply with the requirements of this chapter, and
may expend public funds for such purpose.
C.
Cost chargeable to owner of premises. The cost of
abating such nuisance, removing such graffiti and putting the premises
in proper condition shall be the responsibility of the owner and,
pursuant to the provisions of N.J.S.A. 40:48-2.12f or any other successor
statute, the amount thereof, as determined by the Board of Commissioners
of the Village of Ridgefield Park, shall be a lien against the premises
and collectible pursuant to the provisions of said statute and in
accordance with the provisions of the Code of the Village of Ridgefield
Park, as applicable.
A.
First offense. Any person having been convicted of
a first offense under this chapter shall be subject to a mandatory
fine of no less than $250 nor more than $500 and may be ordered to
perform a maximum of 10 hours of community service, which shall be
of such form and substance as the Court shall deem appropriate under
the circumstances.
B.
Subsequent offenses. Any person having been convicted
of a second violation of this chapter shall be subject to a mandatory
fine of no less than $500 nor more than $1,000, and/or community service
of no less than 25 hours, nor more than 100 hours, which shall be
of such form and substance as the Court shall deem appropriate under
the circumstances. Any person who is convicted of a third or subsequent
violation of this chapter shall be subject to a mandatory fine of
$1,000, or community service of no less than 25 hours, nor more than
100 hours, which shall be of such form and substance as the Court
shall deem appropriate under the circumstances.
C.
Additional penalties. In addition to any other penalty
imposed by the Court, any person convicted of a violation of this
chapter may, at the discretion of the Judge of the Municipal Court,
be required to pay to the owner of the damaged property monetary restitution
in the amount of the pecuniary damage caused by the act of graffiti
or, as part of such person's community service, to remove the graffiti
from the property.
If at the time of the offense charged any person
apprehended for a violation of this chapter shall be under the age
of 18 years, the Bergen County Juvenile and Domestic Relations Court
shall have exclusive jurisdiction of the trial of such infant or infants,
and such infant or infants shall be surrendered to that Court, and
the case, including all papers, reports, and process thereto, shall
be transferred to said Court, as provided for under N.J.S.A. 2C:4-11.
