[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]
A.
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.
B.
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.
