MANVILLE: Council considers outline for laws to battle graffiti

By Audrey Levine, Staff Writer
   Following a discussion earlier this month about the borough’s graffiti problem and how to handle privately owned buildings littered with it, Borough Attorney Francis Linnus presented a first draft of an ordinance Monday that could be introduced as early as the next council meeting.
   ”The introduction is up to the borough,” he said.
   Mr. Linnus said there are state laws concerning criminal mischief charges for those found spraying graffiti, for which the penalties include community service and payment for its removal. These penalties and determinations, he said, are all mandated by the state, and cannot be changed.
   As for the borough’s power, Mr. Linnus said an ordinance could require private property owners to remove graffiti within a certain amount of time. The borough could offer rewards of up to $500 for those individuals who provide information that leads to the apprehension and conviction of the perpetrator.
   ”The local government is authorized by the state to have property owners remove the graffiti,” he said.
   In a separate interview, Mr. Linnus said that if graffiti is found on private property, the borough can provide a notice to the owner to remove it within 90 days, or the borough will take action.
   ”Then the borough has the option to independently take care of the graffiti, and even charge the (property owner) the costs of removal,” he said.
   The second regulation allowed by the state for local control is the option of providing a reward for catching the perpetrators.
   ”We are placing private owners on notice,” he said. “It is an incentive for people to help.”
   The remainder of the ordinance, Mr. Linnus said at the meeting, must follow state guidelines concerning penalties and other options for dealing with graffiti.
   ”The local regulation of graffiti is limited to rewards and if we want the owner to take care of the cleanup,” he said.
   Council President Sue Asher questioned whether some of the penalties, including 20 days of community service for a second offense, were severe enough, but Mr. Linnus said the municipality is bound by state statutes.
   ”Our power only originates from the state and state legislature,” he said. “We can’t exceed what they say we can do.”
   These state-mandated penalties include fines and community service for juveniles and adults charged with criminal mischief. State law also penalizes store owners who sell spray paint to those under 18 years of age, among other violations.
   Mr. Linnus said the borough can opt to apply for grants through the state’s Clean Communities Program Fund.
   To receive the grant money, Mr. Linnus said, the borough has to meet certain qualifications, including having more than 200 housing units in the town.
   ”I think the borough will go forward with checking on eligibility,” he said.
   This early discussion of the ordinance, Mr. Linnus said, allows the Borough Council to address any concerns before its official introduction, which Borough Administrator Gary Garwacke said he hoped would take place next month.
   ”We already have criminal mischief laws. We don’t need borough laws for public property,” he said.
   ”This new ordinance has to do with being able to provide rewards and to have property owners remove (the graffiti on their land).”