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Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middle 6-5-2000 as Ord. No. 1054-2000. Amendments noted where applicable.]
As used herein, the following words and phrases shall have the following meanings:
GRAFFITI
An inscription, drawing, message or slogan made on some public or private surface without the consent of the owner of the property.
INDELIBLE MARKER
Any felt-tip marker, china marker or similar device containing nonwater-soluble colors and which has a flat or angled writing surface of 1/2 inch or greater.
A. 
Absent express permission to the contrary by the owner or other person having control thereof, it shall be unlawful for any person to possess a spray paint container; liquid paint in cans or other containers or indelible marker in any public building or upon any public facility or upon any private property with intent to use the same to deface said building, facility or property. Any person who possesses a spray paint container, liquid paint in cans or other containers or any indelible marker in any public building or upon any public facility or private property with no legitimate or lawful purpose therefor shall be prima facie presumed to have possession of the same with the intention of using such container, can, marker or paint to deface said building, facility or property.
B. 
It shall be unlawful and a violation of this chapter for any person to write, print, paint, spray, etch, carve, scratch or otherwise mark and place graffiti on the real or personal property of another, whether publicly or privately owned, unless the owner of said property shall have given prior consent.
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, abet, allow, permit or encourage said minor to violate the provisions of this chapter by lack of proper supervision and control over said minor child.
Any person who violates this chapter shall be subject to the following fines:
A. 
First offense shall be subject to a fine of net less than $400 nor more than $1,000.
B. 
Second offense shall be subject to a fine of not less than $700 nor more than $1,000.
C. 
Third offense shall be subject to a fine of not less than $1,000 nor more than $1,000.
Any person who reports a violation of this chapter and his/her testimony is instrumental in obtaining a conviction hereunder shall receive a reward equal to 50% of any fine collected. In the event that the person shall be a juvenile, then the reward shall be in the form of a United States savings bond.