[Adopted 9-19-2007 by Ord. No. 2281-07 (Ch. 83, Art. II, of the 1975
Borough Code)]
The Borough Council of the Borough of Roselle, New Jersey, hereby
finds and declares that graffiti is detrimental to the health, safety
and welfare of the community and that there is a perception in the
community that the laws protecting public and private property can
be disregarded with impunity. This perception fosters a sense of disrespect
of the law that results in an increase of crime, is detrimental to
the property values of the community, degrades the community and leads
to urban blight and is inconsistent with the Borough of Roselle's
property maintenance goals and aesthetic standards.
A. Graffiti results in visual pollution and is hereby deemed a public
nuisance.
B. It is the purpose of this article to provide a mechanism in which
individuals may be prosecuted for defacing public and private property.
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Roselle, New Jersey.
DEFACE
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature, without the express consent of the owner.
GRAFFITI
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
including, by way of example only and without limitation, fencing
surrounding construction sites, whether public or private, without
the consent of the owner of the property, or the owner's authorized
agent, which is visible from the private right-of-way.
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.
KNOWINGLY
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the marking of graffiti. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental respectability through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conducts of a minor in his or her custody, when
he or she has knowledge of an individual's actions that are not
in compliance with this article.
MINOR or JUVENILE
Used interchangeably and shall mean any person under the
age of 17, any person less than 17 years of age or any person who
has not celebrated his or her 17th birthday.
OWNER
The owner of record of the property as set forth in the records
of the Tax Assessor for the Borough of Roselle.
PARENT
Any person to whom legal custody of a juvenile has been given
by court order or is acting in the place of the parent or is responsible
for the care and welfare of the juvenile and shall include:
A.
Natural or adoptive parents.
C.
A person who stands in loco parentis.
D.
A person to whom legal custody has been given by court order.
PUBLIC PLACE
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
The following acts are prohibited:
A. No person shall willfully or maliciously damage, deface or vandalize
any public or private property by painting, writing, drawing or otherwise
inscribing in any fashion graffiti thereon without the express permission
or consent of the owner. However, this prohibition shall not apply
to easily removable (which are water soluble) chalk markings on public
sidewalks or streets, written or drawn in connection with traditional
children's games, or in any lawful business or public purpose
or activity.
B. It shall be unlawful to aid anyone in defacing public or private
property.
C. No person shall possess a spray container or indelible marker in
any public place or on any public facility or private property with
the intent to use the same to deface said public building, property
or private property, absent express permission to the contrary.
It should be unlawful for a parent, as defined in §
245-2 of this article, having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in his or her control to place graffiti on any private or public property, as defined in §
245-2 of this article.
All fines collected shall be placed in a special account to
be used as assistance to homeowners for removing graffiti not to exceed
70% of the total cost. (It is presumed that 30% of the fees collected
are needed to defray court costs.) This account will also be used
to purchase graffiti-cleaning equipment.
A reward of $250 shall be paid to any person who provides information
or assistance leading to the apprehension and conviction of any person
violating this article. This reward shall be payable after conviction
out of a fund established for this purpose, but no reward shall be
paid to any public employee whose duty it is to investigate or enforce
this article. This Chief of Police is hereby authorized to grant such
reward with the consent of the Borough Council, and said reward shall
only be given upon notification by the Municipal Court that the matter
has been adjudicated.
[Adopted 12-16-2009 by Ord. No. 2345-09]
Graffiti on public and private buildings, and other exposed
surfaces, including vehicles, has and continues to pose an increasing
problem for municipalities throughout the State of New Jersey, including
the Borough of Roselle, and the Borough is desirous of taking all
necessary action in addition to existing state statutes to insure
that public and private property is protected against graffiti and
that violations will result in appropriate compensation.
Pursuant to N.J.S.A. 40:48-2.59, any "graffiti" (which is defined
as any drawing, painting or making of any mark or inscription on public
or private real or personal property without the prior written permission
of the owner of the property) on any private building structure, or
personal property, including vehicles, shall be removed by the owner
or individual having custody and control thereof as promptly as possible.
The Borough of Roselle, through the appropriate Borough Departments,
may issue an order to the owner of the property directing that said
graffiti be removed within 90 days from the date the notice is sent,
and requires the owner to certify the same has been done. Said notice
to remove graffiti has been removed and shall further contain a provision
stating that by affixing a signature to the form, indicating that
the 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 objects to an order to remove graffiti pursuant
to this section may institute an action challenging the order in a
court of competent jurisdiction within 60 days of the date of the
order.
If a property owner does not undertake removal of graffiti within
the time prescribed by the order, and, unless an action challenging
the order to remove graffiti is instituted, the Borough of Roselle
may cause the graffiti to be removed and present the property owner
with a detailed itemization of the costs thereof via certified and
regular mail and demand reimbursement. If the property owner does
not remit such reimbursements to the Borough of Roselle within the
time prescribed in the notice, the Borough of Roselle may cause said
costs to be asserted as a municipal lien against the premises. In
addition to the imposition of said lien, the Borough of Roselle may
institute an action at law to collect said amounts.
Pursuant to the N.J.S.A. 2A:153-4.1, the Borough of Roselle
hereby offers a reward of $500 for the detection and apprehension
of any person found guilty of purposely or knowingly damaging the
tangible property of another by an act of graffiti in violation of
N.J.S.A. 2C:17-3. Said reward is to be payable after conviction to
any person who the Borough Council, acting upon the recommendation
of the Chief of Police, 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 the employee's spouse, child or parent
living in the same household. For the purposes of this provision,
"act of graffiti" means the drawing, painting, or the making of any
mark or inscription on private property without the permission of
the owner.
Possession of spray paint container and/or ink markers having
a writing tip of 1/2 inch or greater within public buildings is unlawful.
Possession with intent to deface property is unlawful.
A. It is unlawful for any person to possess a spray paint container
or any marker containing a fluid which is not water soluble and has
a paint brush, applicator or other writing tip of 1/2 inch in length
or width or greater, on the property of another or in any public building
or upon any public facility. It shall be a defense to an action for
violation of this subsection that the owner, manager, or other person
having control of the property, building or facility consented to
the presence and use of the paint or marker.
B. It is unlawful for any person to possess spray paint or any marker
containing fluid which is not water soluble and has a paint brush,
applicator or other writing tip of 1/2 inch in length or width or
greater on the public way with intent to use the same to deface any
building, structure or property. This prohibition shall not apply
to any employee of a public utility or the municipal, state or federal
government using spray paint or any marker within the scope of his
or her prescribed duties.
No person shall aid, assist or abet a person under the age of
18 in obtaining possession of paint in a spray can or any marker or
writing instrument containing a fluid which is not water soluble and
has a paint brush, applicator or other writing tip of 1/2 inch or
greater. This prohibition shall not apply to:
A. A parent or legal guardian assisting and supervising his or her own
child or ward in use of paint or a marker.
B. A teacher assisting and supervising his or her student in the use
of paint or a marker.
C. An employer assisting and supervising his or her employee in the
use of paint or a marker.