[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Towns Against Graffiti funding — See Ch. 108.
[Adopted 10-28-1997 by Ord. No. 97-17 (Ch. 10, Part 4, of
the 1992 Code)]
This article shall be known as the "Graffiti Ordinance of the
Township of Middletown" and shall apply to all graffiti occurring
within the limits of this jurisdiction.
The following words, terms or phrases, when used in this article,
shall have the meanings ascribed to them in this section.
Any felt-tipped marker or similar implement which contains
fluid which is not water-soluble and which has a flat or angled writing
surface 1/2 inch or greater.
Voluntary agreement by a person.
Every name, identification, description, crude drawing, announcement,
display, illustration, insignia or symbol (including any letter, word,
numeral, emblem or combination thereof), other than advertising which
is otherwise provided for by Township ordinances, which, without authorization,
is marked, written, drawn, painted, scratched or affixed directly
to or upon any subject or structure.
A person who has not reached the age of 18 years of age.
Any and all persons with legal and/or equitable title to
real property in the Township.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any real estate, including improvements thereon, and tangible
property, including, but not limited to, newsboxes, newsstands, utility
poles, public telephones, tree planters and other items of street
furniture.
No person shall make graffiti of any type on any building, structure
or tangible personal property.
No minor shall have in his or her possession any aerosol container
of spray or broad-tipped indelible marker while on any public property,
highway, street, sidewalk or park, or while on any private property
unless the owner or person in possession of the property knows of
the minor's possession of the aerosol container or marker and
has consented to the minor's possession while on his or her property.
No person owning or occupying any property within the Township
of Middletown shall permit any graffiti to accumulate or otherwise
remain on any property so as to be visible to the public.
Upon discovery of graffiti, any authorized person shall issue
written notice to the owner, occupant or other responsible agent of
any premises whereon graffiti is present in violation of the provisions
of this article, directing and requiring such person to remove such
graffiti. In the event that graffiti is not removed within 10 days
from the date of mailing of this first notice, a second notice to
remove and request for consent to allow the Township to enter upon
the property for the purpose of graffiti removal at the owner's
expense shall be issued.
A.
Any person who shall violate, fail, neglect or refuse to comply with
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $1,000 and costs and, in default of payment
thereof, shall be subject to imprisonment for a term not exceeding
30 days. Each day that a violation of this article continues shall
be considered a separate offense.
B.
If the owner, occupant or other responsible agent of the property
fails to remove graffiti or give consent for removal within 10 days
after the second notice of violation has been issued, the Township
may proceed to remove the graffiti itself or by contract.
C.
Except where the legal fees, administrative and filing costs exceed
the cost of removal, a bill for costs of removal shall be delivered
to the property owner, occupant or other responsible agent and, in
the event of nonpayment, the Township may file a lien against the
property in the amount of such costs. Liability for costs of removal
shall be in addition to liability for any fine imposed.
[Adopted 10-28-1997 by Ord. No. 97-18 (Ch. 13, Part 11, of
the 1992 Code)]
The following words, terms or phrases, when used in this article,
shall have the meanings ascribed to them in this section.
Any felt-tipped marker or similar implement which contains
fluid which is not water-soluble and which has a flat or angled writing
surface 1/2 inch or greater.
Every name, identification, description, crude drawing, announcement,
display, illustration, insignia or symbol (including any letter, word,
numeral, emblem or combination thereof), other than advertising which
is otherwise provided for by Township ordinances, which, without authorization,
is marked, written, drawn, painted, scratched or affixed directly
to or upon any subject or structure.
A person who has not reached the age of 18 years of age.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
No person or firm shall sell, cause to be sold, furnish or convey
to any person under the age of 18 years of age any aerosol container
of spray paint or broad-tipped indelible marker.
Every person who owns, conducts, operates or manages a retail
commercial establishment selling aerosol containers of spray paint
or broad-tipped indelible markers shall:
A.
Place a sign in clear public view at or near the display of such
product substantially in the following form:
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"Graffiti is a crime. Any person defacing real or personal property
not his or her own with paint or any other liquid or device is guilty
of a summary offense punishable by a fine or imprisonment. Punishment
may be in the form of community service or cleanup, at the discretion
of the Magisterial District Judge."
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B.
Place a sign in the direct view of such persons responsible for accepting
customer payment for aerosol containers of spray paint or broad-tipped
indelible markers substantially in the following form:
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"It is a violation of the law to sell aerosol containers of
spray paint or broad-tipped indelible markers to persons under 18
years of age. This offense is punishable by a fine or imprisonment.
Punishment may be in the form of community service or cleanup, at
the discretion of the Magisterial District Judge."
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C.
Store or cause such aerosol containers or marker pens to be stored
either:
(1)
In the direct line of sight from the cash register work area
or any other work area that is normally continuously occupied while
the store is open;
(2)
Under continuous electronic or mechanical surveillance or control;
or
(3)
In a place not accessible to the public in the regular course
of business without employee assistance, pending legal sale of such
markers or paint containers.
Any person who shall violate, fail, neglect or refuse to comply
with any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $1,000 and costs and, in
default of payment thereof, shall be subject to imprisonment for a
term not exceeding 30 days. Each day that a violation of this article
continues shall be considered a separate offense.
