[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 8-6-2008 by Ord.
No. 2008-8 (Ch. 115 of the 1986 Code). Amendments
noted where applicable.]
It has been determined that the use of spray paints and ink
markers and other methods to deface public and private property in
the Borough of Penns Grove has increased significantly in the past
years. Such defacing of property causes a decline in property values
and encourages racism and prejudice which can lead to violent criminal
acts. The existing laws have failed to deter offenses within the Borough
of Penns Grove requiring specific prohibitions of such acts.
As used in this chapter, the following terms shall have the
meanings as indicated:
Any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn,
painted or engraved on or otherwise affixed to any surface of public
or private property by any paint, spray paint, markers, chalk, dyes
or any other substance or method which defaces, obliterates, covers,
alters, damages, mars or destroys public or private property. It shall
not include the occasional and temporary marking on public streets
or sidewalks with chalk for traditional children's games.
Any felt-tip marker, china marker or similar device or implement
that contains a fluid which is not water-soluble and which may have
a flat or angled writing surface.
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, including an
aerosol spray paint, as it is commonly known.
A.
No person shall write, draw, paint, print or place, with ink, 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 the same. Nor shall any person willfully or maliciously
damage, deface, or vandalize the property of another by inscribing
or placing graffiti or any other markings on a public or private street,
or on public or private property, whether real or personal.
B.
Possession. No person shall possess a spray paint container or indelible
marker in any public building, public property or private property
with the intent to use the same to deface a building or property absent
permission to properly utilize the same.
C.
Minors. It shall be illegal for any minor to possess any spray paint
container. Such spray paint container is hereby declared to be contraband,
and any police officer is authorized to seize the same from any individual
under the age of 18 in whose possession such spray paint is found.
A.
Juvenile offenders. 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 Salem County Superior Court, Family Division, shall
have exclusive jurisdiction of the trial of such minor or minors,
and such minor or minors shall be surrendered to that Court, and the
case, including all papers, reports, and process thereto, shall be
transferred to said Court pursuant to N.J.S.A. 2C:4-11.
[Amended 7-5-2017 by Ord.
No. 2017-5]
B.
Any person who violates the provisions of § 272-3 shall, upon conviction, be subject to a minimum fine of $100, which said fine shall not exceed $2,000 and/or imprisonment not exceeding 90 days, and as an additional condition of sentencing, the Judge shall impose a requirement to restore the property which has been damaged as a result of the graffiti to the owner's satisfaction or make monetary restitution to the owner for the cost of cleanup incurred by said owner.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A.
Written notice. Whenever the Chief of Police and/or his/her designee
determines that there has been a violation of this chapter and that
it is necessary for an owner to remove graffiti from a building, structure
or exposed surface, the owner shall be provided written notice of
the order to remove graffiti. The order shall afford the owner the
opportunity to remove the graffiti within 90 days from the date that
written notice of the order is sent to the owner. The Department of
Transportation, however, shall be afforded 120 days from the date
that written notice of the order is sent to remove graffiti from property
owned by the Department of Transportation. The written notice shall
contain a form to be utilized by the property owner to inform the
Borough that the graffiti has been removed.
B.
Method of service. Written notice of the order to remove the graffiti
shall be delivered to the owner by certified and regular mail.
C.
An owner who has been ordered to remove graffiti shall respond to
the Borough by personal delivery or by certified mail of:
D.
If the owner does not receive a written withdrawal of the order within
the date of any objection, the order shall be deemed final. An owner
that objects to an order to remove graffiti may institute an action
challenging the order before a court of competent jurisdiction within
60 days of the date of the order to remove graffiti.
E.
If a property owner fails to undertake the removal of graffiti within
90 days of the date of the order to remove graffiti, or, in the case
of the Department of Transportation, within 120 days of the date of
the order to remove graffiti, unless an action challenging the order
to remove graffiti is still pending, the Borough shall have the right
but not the obligation to remove the graffiti from that property and
present the owner with a detailed itemization of the costs incurred
by the Borough, by certified and regular mail, for reimbursement by
the owner. The costs of removing the graffiti shall be assessed against
the property as a municipal lien, and the Borough may enforce the
payment of such assessment, together with interest, as a debt of the
owner of the property and shall have the right to institute an action
at law for the collection of the costs of removal of the graffiti.
The Superior Court shall have jurisdiction over any such action.
A.
No person shall sell or offer for sale, transfer or offer to transfer
any spray paint container or indelible marker unless such spray paint
container or indelible marker is held for sale or transfer in an enclosed
device which is constructed to prevent removal of the merchandise
except by authorized attendants or is stored, out of sight, in such
a way as to prevent free access to the public.
B.
No person or merchant shall sell or offer for sale or transfer any
spray paint container or indelible marker to a minor, unless the minor
is accompanied by a parent or legal guardian at the time of the purchase
of or transfer of property to said minor.
C.
No person or merchant of any spray paint container or any hobby kit
or similar kits of any kind containing spray paint containers shall
sell, exchange or transfer in any manner said items to any individual
without requiring said individual to produce proper identification.
D.
Fraudulent identification. No minor shall, at the time of purchase
of any spray paint container or indelible marker, furnish fraudulent
evidence of majority, including but not limited to a motor vehicle
operator's license, a registration certificate 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.
E.
Any person or merchant who sells any spray paint container or any
hobby kit or similar kits of any kind containing spray paint containers
shall keep a record of all purchases or exchanges of these items.
The record shall contain the full name and address of each person
who purchases or exchanges spray paint or hobby kits or similar kits
containing spray paint and the date of purchase and, in addition,
shall contain a description of the spray paint container, including
quantity, brand name and color.
F.
Any person or merchant required to keep record of purchases or exchanges
of spray paint containers pursuant to this section shall maintain
such records for a minimum period of one year from the date of purchase
or exchange and shall, upon reasonable request, allow the inspection
of such records by any law enforcement officer.
G.
Posting of notice. Any person who owns, manages or operates a place
of business within the Borough of Penns Grove wherein aerosol or spray
containers of paint or indelible markers capable of defacing property
are sold shall conspicuously post a sign stating: "It is a crime to
sell or otherwise convey aerosol spray paint or wide tipped indelible
markers to persons under 18 years of age in the Borough of Penns Grove
and is punishable by fine up to $2,000 and imprisonment not to exceed
90 days."
H.
Violations and penalties. Any person who violates any provision of
this section, either by failure to maintain said records as required,
failure to post notice, or by assuming a false identity or providing
false identification documents in connection with the purchase of
spray paint containers, shall, upon conviction thereof, be punished
by a fine not to exceed $2,000 or by imprisonment not to exceed 90
days or by a period of community service not to exceed 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[Amended 7-5-2017 by Ord.
No. 2017-5]
