Township of Jackson, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Article I adopted by the Township Committee (now Council) of the Township of Jackson as indicated in article histories. Subsequent articles adopted by the Township Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1995 by Ord. No. 30-95 (Ch. 64, Art. I, of the 1972 Code)]
The purpose of the within article is to recognize that graffiti on public or private property is an aesthetic, blighting factor which not only depreciates the value of property but also the value of adjacent and surrounding properties and the community as a whole. The Township Committee intends to provide for the prohibition of the placement of graffiti on public or private property.
As used in this article, the following terms shall have the meanings indicated:
GRAFFITI
The unauthorized inscribing, spraying of paint or marking of ink, chalk, dye, paint, crayon or other similar substances on buildings, structures, vehicles, equipment, places and similar things or locations.
A. 
It shall be unlawful for any person to paint, mark, chalk or otherwise apply graffiti or other inscribing materials on buildings, structures, vehicles, equipment, places or other similar locations or things within the Township without the consent of the owner of said property.
B. 
It shall be unlawful for any person to have in his or her possession any aerosol spray can containing any substance commonly known as "paint" or containing any other opaque liquid capable of being propelled by an aerosol can while on or about public property or on or about private property without the consent of the owner of such property and to willfully use such aerosol spray can or allow the same to be used to write, paint or draw any inscription, figure or mark of any type on any building, public or private, without the express permission of the owner or operator of such property.
C. 
Any unlawful conduct of a minor resulting from the unauthorized application of graffiti to the property of another shall be imputed to the parent or guardian having custody of the minor. A parent or guardian having custody of a minor found guilty under the provisions of this section shall be liable for any penalties being financial or by community service. This subsection shall be applied in the sole discretion of the Judge hearing said matter.
The Township of Jackson hereby establishes a reward not exceeding $100 for the detection and apprehension of any person guilty of purposely or knowingly damaging tangible property of another by an act of graffiti in violation of the within article. The reward is to be payable after conviction out of those funds of the municipality made available therefor. The reward shall be paid to any person who the governing body, acting upon the recommendation of the municipal Chief of Police or other principal law enforcement officer, may deem entitled thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the employee's spouse, child or parent, living in the same household.
[Amended 9-27-2011 by Ord. No. 28-11]
A. 
Any person who violates §§ 222-1 through 222-4 of this article shall be subject to a fine of not more than $1,000 for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days.
B. 
In the discretion of the Municipal Court Judge hearing a violation of §§ 222-1 through 222-4 of this article, the governing body encourages and authorizes the implementation of community service for the individual or individuals convicted of said violation.
C. 
The implementation of the provisions concerning the payment of rewards is subject to adequate funding by the governing body in accordance with the Local Budget Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
[Adopted 9-27-2011 by Ord. No. 28-11 (Ch. 64, Art. II, of the 1972 Code)]
As used in this article, the following terms shall have the meanings indicated:
GRAFFITI
Any drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.
No person shall place graffiti by any means on any building or structure located in the Township of Jackson.
The owner of any building or structure located in the Township upon which graffiti has been placed shall remove such graffiti immediately from the building or structure.
If the property owner of the building or structure upon which graffiti has been placed fails to remove the graffiti from the building or structure, the Township shall notify the property owner by certified and regular mail that such graffiti shall be removed from the building or structure by the property owner within 90 days of the date of the notice from the Township. Pursuant to N.J.S.A. 40:48-2.59, the State Department of Transportation shall be afforded 120 days from the date a notice is sent to remove graffiti from property owned by the Department. The notice to remove graffiti shall contain a form to be utilized by the property owner to inform the municipality that the graffiti has been removed. The form shall contain a provision stating that by affixing a signature to the form, indicating that graffiti has been removed, the owner is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
An owner who has been ordered to remove graffiti shall respond to the municipality by personal delivery or by certified mail:
A. 
Of any objection to the order, within 30 days of the date of the order; an owner who objects to an order to remove graffiti pursuant to § 222-9 of this article may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
B. 
Of notice that the graffiti has been removed, within 90 days of the date of the order or, in the case of the Department of Transportation, within 120 days of the date of the order.
If a property owner does not undertake the removal of graffiti within 90 days of the date of the order or, in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending, the municipality may remove the graffiti from that property and present the property owner, via certified and regular mail, with a detailed itemization of the costs incurred by the municipality, for reimbursement from the property owner. If no payment of such reimbursement is received within 30 days of the date of mailing of the itemized cost of removal, the Township may recoup the costs of removal as follows:
A. 
The municipal officer of the Township in charge of the removal of said graffiti shall certify the cost thereof to the Mayor and Township Council. Upon receipt and review of the certification of cost, the Mayor and Township Council shall cause the cost as shown thereon to be charged against the property from which said graffiti was removed.
B. 
In addition to assessing the cost of such removal as a municipal lien against the premises, the Township may enforce the payment of such assessment, together with interest, as a debt of the owner of the premises and may authorize the institution of an action at law for the collection thereof in the Superior Court in accordance with N.J.S.A. 40:48-1.
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.