BY CHRIS GAETANO
Staff Writer
“It was a real wakeup call to me, because I had no idea that graffiti and gang activity were related. … I’d hate for any of us to have a false sense of security.” – Carol Barrett Private property owners would be required to clean up graffiti on their property at their expense under an ordinance introduced by the South Brunswick Township Council Tuesday.
The measure comes on the heels of the Municipal Beautification Act, which was signed into law by Gov. Jon Corzine on July 10. The law allows municipalities to pass ordinances requiring property owners to clean graffiti found on their premises.
South Brunswick decided to introduce the ordinance amid concerns about future graffiti and its impacts, both aesthetic and criminal. During the workshop session, where the ordinance was first discussed, Township Manager Matthew Watkins said that while graffiti is not yet a major issue in the township, the ordinance would allow for greater opportunities to nip potential problems in the bud.
One reason for this ordinance cited by Mayor Frank Gambatese was that graffiti is ugly and has a negative impact on the aesthetic quality of the township.
“Graffiti on any of our buildings is a reflection of who we are and what we are,” said Gambatese.
Another reason cited by Watkins, which drew attention from the council, was the correlation between graffiti and gang activity, as graffiti tags can act as ways for gangs to communicate. Watkins noted that while South Brunswick itself has not had much trouble with gangs, it is surrounded by towns that do.
“It’s foolish to think that South Brunswick is going to be immune to that,” said Watkins. “We’re concerned about where [gang activity] starts, which is graffiti, and the faster you get that graffiti down, the faster you stop that tagging.”
The ordinance gives the township a mechanism for removing graffiti from private property. As it is currently written in the ordinance, graffiti is “any drawing, painting or marking of any mark or inscription on public or private … property without the prior written permission of the owner of the property.” The owner of a property with graffiti will receive a letter in the mail telling them to remove it within 90 days.
The owner must inform the township that the graffiti has been removed via a certified return form included with the initial letter. If the owner takes no action despite notice, then the township shall clean it and bill the owner for the work. Meanwhile, the owner has 30 days to contest the order, in which case the 90-day deadline will be suspended until the dispute is cleared.
When the state law allowing the township to pass this ordinance was being discussed, it drew some fire from the state business community, with some contending that it unfairly targets businesses and that not every business can afford to remove graffiti each time it comes up. Further, some said that an exception in the ordinance for the Department of Transportation, which gets 120 days to clean graffiti instead of 90, was unfair.
Regarding the costs, Gambatese said that if someone contests the notice from the township, they would need to go to court, where costs and other mitigation factors can be made considered. He also said that if someone is found responsible, the owner can also demand that the vandal contribute toward cleanup costs.
The ordinance was passed by the council unanimously on its first reading. According to Gambatese, the ordinance will probably be up for public comment and adoption during the next regular meeting on Sept. 26.
Deputy Mayor Carol Barrett said that her son told her that he has seen gang graffiti in South Brunswick already, and she asked that Chief Ray Hayducka write a report about gang activity in the area.
“It was a real wakeup call to me, because I had no idea that graffiti and gang activity were related. … I’d hate for any of us to have a false sense of security,” said Barrett.