Ordinance No. 19-08

Introduced: June 5, 2008
Public Hearing: July 1, 2008
Status: Adopted

An ordinance amending the Revised Ordinances of the Township of Randolph, Morris County, New Jersey by the addition of Chapter 23, Graffiti

WHEREAS, pursuant to N.J.S.A. 40:48-2.59, a municipality may make, amend, repeal and enforce Ordinances to prohibit acts of graffiti on buildings, structures and other exposed surfaces located within a municipality and to require the owner of a building, structure or other exposed surface located within the municipality to remove graffiti; and

WHEREAS, the Township of Randolph (“Township”) has received complaints from citizens about graffiti on the buildings, structures and other exposed surfaces located within the Township; and

WHEREAS, the Township of Randolph desires to amend the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the addition of Chapter 23, Graffiti, which shall prohibit acts of graffiti on buildings, structures and other exposed surfaces located within the Township and require owners of buildings, structures or other exposed surfaces located within the Township to remove graffiti.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. The Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

CHAPTER 23 GRAFFITI

Sec. 23-1. Prohibited Act.

No person shall place graffiti on buildings, structures or other exposed surfaces within the Township without the prior written permission of the owner of the property.

Sec. 23-2. Definitions.

The following terms, wherever used herein or referred to in this Chapter, shall have the following meanings, unless a different meaning clearly appears from the context:

Graffiti means any drawing, painting or marking or any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property.

Owner means any person or entity who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling units as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as mortgagee in possession, regardless of how such possession was obtained.

Sec. 23-3. Responsibility of the Owner.

The owner of any building, structure or other exposed surface within the Township is responsible for removing graffiti from that building, structure or exposed surface as described in this Chapter.

Sec. 23-4. Enforcement.

The duty of enforcing the provisions of this Chapter is hereby conferred upon the Chief of Police and/or his/her designee.

Sec. 23-5. Notice.

(a) Written Notice. Whenever the Chief of Police and/or his/her designee determine that there has been a violation of this Chapter and that it is necessary for an owner to remove graffiti from a building, structure or exposed surface, the owner shall be provided written notice of the order to remove graffiti. The order shall afford the owner the opportunity to remove the graffiti within 90 days from the date that written notice of the order is sent to the owner. The Department of Transportation, however, shall be afforded 120 days from the date that written notice of the order is sent to remove graffiti from property owned by the Department of Transportation. The written notice shall contain a form to be utilized by the property owner to inform the Township that the graffiti has been removed.

(b) Method of Service. Written notice of the order to remove the graffiti shall be delivered to the owner by certified and regular mail.

Sec. 23-6. Response by Owner.

An owner who has been ordered to remove graffiti shall respond to the Township by personal delivery or by certified mail:

(a) of any objection to the order to remove graffiti, within 30 days of the date of the order, or

(b) of notice that the graffiti has been removed, within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order.

If the owner does not receive a written withdrawal of the order within the date of the date of any objection, the order shall be deemed final.

Sec. 23-7. Court Action Challenging the Order.

An owner that objects to an order to remove graffiti may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order to remove graffiti.

Sec. 23-8. Costs of Removal of Graffiti.

If a property owner fails to undertake the removal of graffiti within 90 days of the date of the order to remove graffiti, or, in the case of the Department of Transportation, within 120 days of the date of the order to remove graffiti, unless an action challenging the order to remove graffiti is still pending, the Township shall have the right, but not the obligation to remove the graffiti from that property and present the owner with a detailed itemization of the costs incurred by the Township, by certified and regular mail, for reimbursement by the owner.

The costs of removing the graffiti shall be assessed against the property as a municipal lien and the Township may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and shall have the right to institute an action at law for the collection of the costs of removal of the graffiti. The Superior Court shall have jurisdiction over any such action.

Sec. 23-9. Violations and Penalties.

In addition to enforcement of and liability for compliance with the procedures provided for in this Chapter, any person who shall violate any of the provisions of this Chapter shall, upon conviction thereof, be subject to a fine of not less than $100.00 and not more than $2,000.00, or by imprisonment for a term not exceeding 90 days, or by a combination thereof, for each violation. Each day a particular violation continues shall constitute a separate offense.

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Allen M. Napoliello

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 19-08

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending The Revised Ordinances Of The Township Of Randolph, Morris County New Jersey By The Addition Of Chapter 23, Graffiti” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 5, 2008 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on July 1, 2008 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the addition of Chapter 23, Graffiti, which shall prohibit acts of graffiti on buildings, structures and other exposed surfaces located within the Township and require owners of buildings, structures or other exposed surfaces located within the Township to remove graffiti.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey