§ 37-6. Violations and penalties.

A. 

Adults who are not parents of offenders as defined in § 37-2 of this chapter and who violate any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:

(1) 

A fine of not less than $500 and not exceeding $1,000.

(2) 

Imprisonment not to exceed 90 days.

(3) 

A period of community service not to exceed 90 days.

(4) 

As set forth in N.J.S.A. 2C:17-3, N.J.S.A. 2C:33-11 or any other applicable statute.

(5) 

Should the graffiti have been found to cause fear of unlawful bodily violence or if the graffiti exposes another to threats of violence, additional penalties may be imposed as set forth in N.J.S.A. 2C:33-10.

B. 

Minors and/or parent violators as defined in § 37-5 of this chapter.

(1) 

After the receipt of a warning notice pursuant to § 37-5C with a first violation by a minor and after a station house adjustment was executed, and if a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section as follows:

(a) 

Violators of this chapter shall be required to perform community service of a period not to exceed 90 days and may be subject to a fine of not less than $500 but not more than $1,000.

(b) 

Parent violators having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the minor and the minor's parents violated this Graffiti Chapter, shall be required to perform community service together.

(c) 

Minors who have been adjudged to have violated this chapter and found to be delinquent may have additional penalties imposed as set forth in N.J.S.A. 2A:4A-43.2.

(d) 

Minors who have been adjudged to have violated this chapter may have their driving privileges suspended or there may be a postponement of their right to operate a motor vehicle as set forth in N.J.S.A. 2A:4A-43.3.

(2) 

If a minor has been found to violate this chapter twice:

(a) 

The minor shall receive a summons and complaint from the law enforcement officer that apprehended the minor for the violation of this chapter.

(b) 

Minors who have been adjudged to have violated this chapter and found to be delinquent may have additional penalties imposed as set forth in N.J.S.A. 2A:4A-43.2.

(c) 

Minors who have been adjudged to have violated this chapter twice may have their driving privileges suspended or there may be a postponement of their right to operate a motor vehicle for an increased period of time as set forth in N.J.S.A. 2A:4A-43.3.

(3) 

If a minor is found to be in violation of this chapter three times:

(a) 

The minor as well as the parent, as defined in § 37-2, having the care and custody of the minor shall receive a summons and complaint for the violation of this chapter.

(b) 

Minors who have been adjudged to have violated this chapter and found to be delinquent may have additional penalties imposed as set forth in N.J.S.A. 2A:4A-43.2.

(c) 

Minors who have been adjudged to have violated this chapter twice may have their driving privileges suspended or there may be a postponement of their right to operate a motor vehicle for an increased of period of time as set forth in N.J.S.A. 2A:4A-43.3.

(4) 

Any minor who violates any of the provisions of this Graffiti Chapter as contained in § 37-3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, or his designee, may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.