[HISTORY Adopted by the Township Council of the Township of Parsippany-Troy
Hills by Ord. No. 94:30. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 134.
As used in this chapter, the following terms shall have the meanings
indicated:
The unlawful application of any drawing, inscription, figure or mark
upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree
or other real or personal property, either privately or publicly owned.
Any device including a spray paint container or indelible marker
that can be used to apply any non-water soluble solution to any surface described
in the definition of "graffiti" hereof.
Any spray paint container of six ounces or less.
Any felt tip marker, china marker or similar device that is not water
soluble and which has a flat or angled writing surface of 1/2 inch or greater.
Any person under the age of 18 years.
Any retail establishment.
Any receptacle, whether or not aerosol, holding paint that can be
used to apply paint to any surface described in the definition of "graffiti"
hereof.
A.
Prohibited conduct. It shall be unlawful for any person
to deface, destroy or otherwise damage private or public property without
the owner's consent, by or through the application of what is commonly known
as "graffiti."
B.
Possession of graffiti tools prohibited. It shall be
unlawful for any person to have in his or her possession any spray paint container,
indelible marker or other graffiti tool while on public or private property,
without the consent of the respective owner of such property, in a manner
that warrants a justifiable and reasonable alarm or immediate concern for
the safety of property in the vicinity. Among the circumstances which may
be considered by the enforcement officer in determining whether such alarm
or immediate concern is warranted is the fact that the person takes flight
upon appearance of an enforcement officer, refuses to identify him or herself
or manifestly endeavors to conceal him or herself or the graffiti tool. Prior
to any citation being issued to a person for a violation of this chapter,
such person shall be afforded an opportunity by the enforcement officer to
dispel any alarm or immediate concern which could otherwise be warranted by
requesting him or her to identify himself or herself and explain his or her
presence and conduct.
A.
Sale to minors.
(1)
No person shall sell or otherwise transfer any indelible
marker or spray paint container other than a hobby-sized paint container to
a minor, unless said minor is accompanied by parent or legal guardian at time
of purchase or transfer.
(2)
No minor shall, at the time of purchase of items specified in Subsection A, knowingly furnish fraudulent evidence of his or her majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued 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.
B.
Display and sale requirements.
(1)
No person shall sell or offer for sale, transfer or offer
to transfer any spray paint container, including hobby-sized paint containers,
unless such spray paint container 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 merchandise by the public. The merchant may, at its discretion,
utilize a line-of-sight display. To qualify as a line-of-sight display, the
products must be easily and readily observed by the retail personnel at all
times. To accomplish line-of-sight requirements, a retailer may utilize placement
of personnel work stations, mirrors or cameras or other such devices or arrangements
acceptable to the Township enforcement officials to ensure surveillance of
the product.
(2)
Every person selling spray paint or indelible markers
shall place a sign in clear public view at or near the display of such product
stating:
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IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR WIDE-TIPPED
MARKERS TO PERSON UNDER 18 YEARS OF AGE IN THE TOWNSHIP OF PARSIPPANY-TROY
HILLS AND IS PUNISHABLE BY A FINE OF UP TO $1,000, OR IMPRISONMENT NOT TO
EXCEED 90 DAYS INCLUDING A SENTENCE OF COMMUNITY SERVICE.
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A.
Reward program.
(1)
Any person who shall provide information which leads
to the arrest, conviction and actual payment of a fine by a violator of this
chapter is entitled to receive from the Township a reward of up to $100. The
Township Administrator, or his designee, shall determine whether a particular
reward shall be divided among persons based on the information provided and
the number of persons providing it; but in no event shall the total reward
relating to a particular violation exceed $100. No person employed by the
Township shall be eligible for such reward.
(2)
Any fines imposed by the Municipal Court or other agencies
authorized to impose a fine for a violation of this chapter shall be deposited
in an account to be used for the reward payments under this chapter.
B.
Property owner to remove graffiti.
(1)
It shall be unlawful for any person, firm, public agency
or utility owning, or acting as manager or agent for the property, whether
privately or publicly owned, to permit the application of or fail to remove
any graffiti from the property within 30 days of receipt of notice from the
Township to remove such graffiti. If the person, firm, public agency or utility
owning, or acting as manager or agent for the owner of such property fails
to remove the graffiti timely, the Township shall cause the graffiti to be
removed and charge the property owner for the expenses incurred. Failure of
the property owner to pay the Township shall result in the charges being placed
as a municipal lien upon the property as permitted by statute.
(2)
The Township police officers and code enforcement officers are hereby authorized to enforce the provisions of this chapter, including the issuance of summonses and notices required under Subsection B(3) hereof.
(3)
Notice to remove graffiti. Whenever the Township becomes
aware of the existence of graffiti on any property, including structures or
improvements within the Township, a code enforcement officer or a police officer
shall give, or cause to be given, notice to the property owner and/or owner's
agent or manager to remove such graffiti therefrom. Such notice shall be in
writing, and have substantially the following form:
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NOTICE TO REMOVE GRAFFITI FROM PROPERTY
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TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE PROPERTY HEREINAFTER
DESCRIBED
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YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF ORDINANCE 94-30
OF THE CODE OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS ON FILE IN THE OFFICE
OF THE TOWNSHIP CLERK IN THE MUNICIPAL BUILDING
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PURSUANT THERETO, YOU ARE HEREBY NOTIFIED THAT A CERTAIN UNSIGHTLY CONDITION
EXISTS ON PREMISES SPECIFICALLY DESCRIBED AS WHICH INJURES NEIGHBORING PROPERTY
AND THE PUBLIC HEALTH, SAFETY AND WELFARE. YOU ARE THEREFORE NOTIFIED AT ONCE,
AND IN ANY EVENT WITHIN THIRTY DAYS FROM THE DATE OF THIS NOTICE, TO REMOVE
SUCH GRAFFITI FROM THE PROPERTY AND THEREAFTER TO KEEP THE PROPERTY FREE THEREFROM.
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IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK WITHIN THE TIME HEREINABOVE
MENTIONED, THE UNDERSIGNED SHALL CAUSE THE SAME TO BE REMOVED AND YOU WILL
BE RESPONSIBLE FOR THE COST OF REMOVAL OF THE CONDITION FROM THE PROPERTY
INCLUDING IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
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A.
Parental responsibility. Any act in violation of the provisions of this chapter committed by a minor under the age of 18 years shall be imputed to that minor's parent or legal guardian. A parent or guardian of a minor who violates any provision shall be liable for payment of any fines, the expense of restoration and for the performance of community service simultaneously with the convicted minor as provided in Subsection B hereof.
B.
Any person committing a violation of any provision of this chapter shall be subject to the penalties imposed pursuant to § 1-17 of the Code. All monetary fines collected by the Township shall be placed in a fund to be utilized for removal of graffiti from public structures and for the Reward Program as provided in § 191-4. If the judge imposes a sentence of community service, he or she may include the express requirement that the offender clean graffiti from public property within the Township, and if the minor’s parent or legal guardian as well as the minor is found guilty of a violation of this chapter, the minor’s parents or legal guardian shall perform community service together with the minor.
[Amended 12-20-2005 by Ord. No. 2005:31]
The administrative and legislative branches of this government shall
endeavor to have the municipalities in close territorial proximity with the
Township of Parsippany-Troy Hills adopt legislation prohibiting the conduct
as set forth by this chapter.
