[HISTORY: Adopted by the City Council of the City of Paterson: Art.
I, 9-4-1984 as Ord. No. 84-085 (Ch. 18,
Art. 11, of the 1979 Revised General Ordinances of Paterson); Art. II, 3-28-1989
as Ord. No. 89-015 (Secs. 18-9 through 18-9.4 of the 1979
Revised General Ordinances of Paterson). Amendments noted where applicable.]
GENERAL REFERENCES
Vacant lots — See Ch. 319.
[Adopted 9-4-1984 as Ord. No. 84-085
(Ch. 18, Art. 11, of the 1979 Revised General Ordinances of Paterson)]
No person shall purposely or knowingly vandalize, deface or otherwise
damage the tangible property of another by painting, writing, drawing or otherwise
inscribing in any fashion or materials what is commonly known as "graffiti."
For the purposes of this Article, "graffiti" includes any form of painting,
writing or inscription, regardless of the content of said painting, writing
or inscription or the nature of materials used in the commission of the act.
If, at the time of the offense charged, any persons shall be under the
age of eighteen (18) years, the Family Court shall have exclusive jurisdiction
of the trial of such infant or infants, and such infant or infants shall be
surrendered to the Family Court and the case, including all papers and process
thereto, shall be transferred to the court as provided in N.J.S.A. 2C:4-11.
[Amended 9-22-1992 by Ord. No. 92-049[1] ]
Any person who violates any of the provisions of this Article shall,
upon conviction thereof, be subject to imprisonment not exceeding ninety (90)
days or a fine of not less than one hundred dollars ($100.) and not exceeding
one thousand dollars ($1,000.) or a period of community service for not more
than ninety (90) days, or any combination thereof, at the discretion of the
Municipal Court. As a condition of sentencing, the Municipal Court shall have
the authority to order that the offender be responsible for cleaning, repairing,
painting or otherwise restoring the damaged property to the condition it was
in prior to being damaged. In the event that the offender is unable, for any
reason, to comply with the above, the Municipal Court shall have the authority
to order that said offender make the necessary monetary restitution to restore
the property to its original undamaged condition.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of an infant under eighteen (18) years of age who fails or neglects to exercise reasonable supervision and control of the conduct of such infant shall be liable in a civil action for any destruction or damage caused by such infant offender under § 255-1.
[Adopted 3-28-1989 as Ord. No. 89-015
(Secs. 18-9 through 18-9.4 of the 1979 Revised General Ordinances of Paterson)]
Within the terms of this Article, the following terms shall be defined
as follows:
Documentation establishing the identity of a person, including but
not limited to a driver's license, social security card or student identification
card.
Any paint or other pigmented substance which is in an aerosol or
similar spray container or which is intended for use in an aerosol or similar
spray container.
No person engaging in the business of selling or offering for sale to
the general public any spray paint or any hobby kit or similar kits of any
kind containing spray paint shall sell, exchange or transfer in any manner
said items to any individual without requiring said individual to produce
proper identification.
Any person engaging in the business of selling or offering for sale
to the general public any spray paint or any hobby kit or similar kits of
any kind containing spray paint shall keep a record of all purchases or exchanges
of these items. The record shall contain the full name and address of each
person who purchases or exchanges spray paint or hobby kits or similar kits
containing spray paint, the date of purchase and, in addition, shall contain
a description of the spray paint, including the quantity, brand name and color
of the spray paint.
Any person required to record purchases or exchanges of spray paint
pursuant to this Article shall maintain such records for a minimum period
of one hundred eighty (180) days from the date of purchase or exchange and
shall, upon reasonable request, allow the inspection of such records by any
law enforcement officer.
Any person who violates any provision of this Article either by failure
to maintain said records as required or by assuming a false identity or providing
false identification documents in connection with the purchase of spray paint
shall, upon conviction thereof, be punished by a fine not exceeding one thousand
dollars ($1,000.), by imprisonment for a term not exceeding ninety (90) days
or by a period of community service not exceeding ninety (90) days, or any
combination thereof. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
