Chapter 29. Anti-Graffiti

CHAPTER 29 ANTI-GRAFFITI

§29-1 Definition

§29-2 Prohibited Act

§29-3 Graffiti Abatement

§29-4 Notice to Remove

§29-5 Failure to Remove

§29-6 Penalty

§29-7 Repealer

§29-8 Serverability

§29-9 When Effective

[HISTORY: Adopted by Township Council of the Township of Gloucester on 05-14-01 by Ordinance O-01-13]

WHEREAS, the existence of graffiti on any real or personal property within the Township of Gloucester is declared to be a public nuisance as it affects the general health, safety and welfare of the public.

Be it Ordained by the Township Council of the Township of Gloucester as follows:

PURPOSE.

The Township Council of the Township of Gloucester has determined that the presence of Graffiti on buildings and structures within the Township of Gloucester may have an adverse effect on the community public health, safety and welfare, which adverse effects include, but not limited to depreciation of property values, deterioration of neighborhoods, increase in incidents of blight, litter and the interference with property owners’ enjoyment of their property.

The Township of Gloucester has further determined that acts of Graffiti by youths are increasing within the Township of Gloucester and that such acts may be attributed to the lack of care, custody, control and supervision by the parent.

The Township has further determined that parents should have some responsibility for the conduct of their children and there should be some deterrence by Ordinance to juvenile acts of vandalism by graffiti and to parental neglect of juvenile supervision.

The Township of Gloucester therefore determines that it is desirable to establish a penalty by Ordinance and a recovery for the damages expended for acts of juvenile graffiti from the neglectful parent, guardian or other person having legal custody over the juvenile who caused such damage by graffiti.

§ 29-1 Definition

GRAFFITI - means any inscription, word, figure or design marked, scratched, etched, drawn or painted with spray paint, liquid paint, ink, chalk, dye or other similar substance on buildings, fences, structures, equipment and similar places without the express permission of the owner or operator of the property.

§ 29-2 Prohibited Act

No person may write, paint or draw any inscription, figure or mark of any type on any public or private building or other real estate or personal property unless the express permission of the owner or operator of the property is obtained. Any person found violating this Ordinance shall be subject to the penalty provisions of this Ordinance.

§ 29-3 Graffiti Abatement

No owner or operator of any real property within the Township of Gloucester may maintain or allow to remain upon any structure located on such property any graffiti that is visible from the street or other public or private property.

§ 29-4 Notice to Remove

Whenever the Code Enforcement Officer of the Township of Gloucester determines that graffiti on any building or structure is visible from any street or other public or private property, the Officer may notify by letter, the owner or operator of the property that the graffiti shall be removed. The notice shall provide a date by which the graffiti shall be removed. Failure by the property owner to remove the graffiti shall subject the property owner to the penalty provision of this Ordinance.

§ 29-5 Failure to Remove

Upon the failure of the property owner or operator to comply with the notice of removal, the Officer may cause the Township to remove the graffiti, the cost of which shall be charged against the owner and shall be placed as a lien of the Township of Gloucester, of special charges, on the property. The Township, or Township authorized contractor shall be authorized to enter upon the property to remove the graffiti from the exterior building, wall, fence or other structure that is visible from the street or other public or private property.

§ 29-6 Penalty

Any person convicted of a violation of Section 2 of this Ordinance shall pay a fine of not less than $500.00 nor more than $1,000.00 and or be imprisoned in the County Jail for a period of not more than ninety (90) days.

The parent, guardian or other person having legal custody over a juvenile determined delinquent for having committed an act of Graffiti in violation of this Ordinance or who has admitted an act of graffiti shall be subject to a fine of not less than $500.00 nor more than $1,000.00 and shall be further subject to an order for restitution for the full amount of damages caused by the juvenile’s act of graffiti by a Court of Competent jurisdiction.

Any person convicted of a violation of Section 4 of this Ordinance shall pay a fine of not less than $500.00 nor more that $1,000.00 per violation. Each violation of any provision of the Ordinance and each day the same is violated shall be deemed as a separate offense.

§ 29-7 Repealer

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 29-8 Serverability

If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.

§29-9 When Effective

This Ordinance shall take effect immediately after final passage and publication as required by law.