[HISTORY: Adopted by the City Council of the City of Long Branch 11-27-1984 by Ord. No. 1199 (Sec. 6-20 of the 1971 Code). Amendments noted where applicable.]
The use of broad-tipped pens, paint spray cans, pencils, pens, crayons or other marking devices to write graffiti, verbal or otherwise, on the walls or other available spaces on public or private buildings, vehicles, areas or facilities causes a serious defacement of such buildings, vehicles and areas, public and private, and contributes to the deterioration of property values, as well as offending the public's right, public and private, not to have unsightly and unlawful graffiti on, with defacement of, public and private property, and it constitutes a deleterious practice contrary to the public health and welfare. In addition, such contempt for the property rights of private citizens, as well as public facilities, contributes to the erosion of law and order and contributes to the deterioration and quality of life of the community and must be opposed and punished.
No person shall write, print or place, with ink, paint, chalk or other substances, graffiti on the real or personal property of another, whether said personal or real property be publicly or privately owned, unless the owner of said property shall have, prior to the writing, printing or placing of graffiti, specifically consented to the same.
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of 18 years to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this chapter, as defined herein, either by words, overt act, by failing to act or by lack of supervision and control over said minor child.
Any minor child under the age of 18 years apprehended for the violation of this chapter shall be brought before a Judge of the Monmouth County Juvenile and Domestic Relations Court, and the parent, legal guardian or other person having care and custody of said minor who may have violated § 189-3 herein above shall be summoned or arrested and brought before the Judge of the Municipal Court of the City of Long Branch and be subject to the penalties provided herein.
A. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof before the Municipal Court Judge of the City of Long Branch, be punishable as provided in Chapter 1, General Provisions, Article I, in the discretion of said Municipal Court Judge. Additionally, any person who violates this chapter shall also be responsible for cleaning, repairing, painting or otherwise restoring the property which he has damaged, defaced or vandalized so as to bring the property to the condition it was in prior to its being covered by graffiti.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In the enforcement of this chapter, all persons, directly or indirectly involved, shall be equally responsible and guilty, not alone the individual who may personally deface the object or area, but others in a group who encourage and participate in such actions, as well as persons who make available the tools, writing material, ladders, lookouts, materials or assistance, or who knowingly supply funds to acquire such materials for such purposes, including parents and friends, shall be equally guilty and liable to punishment under this chapter.
C. 
An exception to this section shall be any minor child under the age of 18 years who shall, upon conviction, be subject to the penalties imposed on him by the Judge of the Monmouth County Juvenile and Domestic Relations Court.
D. 
This chapter shall not be construed to prohibit easily removable chalk markings on the public sidewalk and street in connection with traditional children's games, such as bases for stickball, handball, hopscotch and the like, nor temporary, easily removed chalk markings in connection with any lawful business or public purpose or activity.