[HISTORY: Adopted by the Council of the Township of Montclair 4-26-1983 by Ord. No. 83-16 (Art. IX of Ch. 166 of the 1979 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any letters, numbers, word or words, writing, inscription, symbol, drawing, carving, etching or any other marking of any nature whatsoever which defaces, obliterates, covers, alters, damages or destroys the real or personal property of another. This chapter shall not be construed to prohibit easily removable chalk markings on the public sidewalks and streets used in connection with traditional children's games.
No person shall write, print or place with ink, paint, chalk or any other substance or substances or otherwise mark, scratch, carve or etch graffiti on the real or personal property of another, whether said real or personal property be publicly or privately owned, unless the owner of said property shall have, prior to such writing, painting or placing of graffiti, specifically consented to the same.
[Added 7-20-1994 by Ord. No. 94-33]
Requirement to remove graffiti. The occupant, lessee, sublessee, agent and/or landlord of any commercial or residential premises located within the Township of Montclair which has any form of graffiti on any building, structure or accessory structure or building shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface using the same color paint as existed previously on a defaced surface within 10 days after written notice to the occupant, lessee, sublessee, agent or landlord by the Chief of Police or Township Manager (or designee) to remove the same.
Remedy of Township of Montclair. If said graffiti condition is not cured or corrected within 10 days after written notice by the Township of Montclair, then the Township of Montclair shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises as set forth above, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, sublessee, agent and/or landlord of said building or structure or accessory building or structure. The actual cost of the removal of the graffiti and/or repainting, plus the cost of the inspection of said graffiti and/or repainting and other costs incidental to such removal, shall be certified by the Township Manager to the Township Council and thereafter as certified become a lien upon the real property upon which the graffiti was found to be and shall be added to and become a part of the taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as taxes.
[Amended 7-20-1994 by Ord. No. 94-33; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.