[HISTORY: Adopted by the City Council of the City of Englewood 6-6-1994 by Ord. No. 94-05. Amendments noted where applicable.]
The act of graffiti, defined as the drawing, painting or making of any inscription on a bridge, building, public transportation, vehicle, rock wall, sidewalk, street or other exposed surface on public and private property without permission of the owner is currently prohibited under N.J.S.A. 2C:17-3 relating to criminal mischief. The Council finds that the existence of graffiti constitutes a public nuisance which results in blighting conditions and a decline in property values and is otherwise inimical to the public health, safety and welfare. The Council further finds and declares that the regulation of the sale to, purchase by or possession by minors of spray paint and markers is necessary to control and prevent acts of graffiti within the City of Englewood.
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 other marking of any nature, other than any words, letters, symbols, logos, or numbers which convey information, an announcement, a direction or an advertisement which are in compliance with the regulations concerning signs as set forth in Article XV, Signs of Chapter 250, Land Use, on any exposed surface on public or private property or which defaces, obliterates, covers, alters, damages, mars or destroys public or private property; provided, however, that it shall not include the occasional and temporary marking of public streets or sidewalks with chalk for traditional children's games.
- INDELIBLE MARKER
- Any felt tip marker, china marker or similar device or implement that contains a fluid which is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
- A person under the age of 18 years.
- SPRAY PAINT CONTAINER
- 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 an aerosol spray paint can as it is commonly known.
No person or entity within the City of Englewood shall sell offer for sale or 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 the sale or transfer.
No minor shall purchase or attempt to purchase or accept a transfer within the City of Englewood of any spray paint container or indelible marker unless accompanied by a parent or legal guardian at the time of the purchase or transfer.
No minor shall, within the City of Englewood, knowingly present or furnish false or fraudulent evidence of his or her age to secure the purchase or transfer of any spray paint container or indelible marker.
No person shall possess within the City of Englewood a spray paint container or indelible marker in any public building, facility or private property with the intent to use same to deface said public building, facility or private property.
Unless jurisdiction for an offense hereunder shall be vested in the Superior Court of New Jersey, Chancery Division, Family Part, pursuant to N.J.S.A. 2A:4A-20 et seq., New Jersey Code of Juvenile Justice, any person convicted of any violation under this chapter shall be subject to a fine not less than $100 nor more than $1,000, imprisonment for a term not to exceed 90 days, or both.