[HISTORY: Adopted by the Borough Council
of the Borough of Wilson 11-10-2008 by Ord. No. 745, approved 11-10-2008. Amendments
noted where applicable.]
A.
Graffiti is detrimental to the health, safety and
welfare of the community in that it leads to urban blight; encourages
gang activity; is detrimental to property values, business opportunities
and the enjoyment of life; is inconsistent with the Borough's property
maintenance goals, aesthetic standards and clean and safe theme; and
results in additional graffiti, and in other properties becoming the
target of graffiti, unless it is quickly removed from public and private
property. Graffiti results in visual pollution and is a public nuisance.
Graffiti must be abated as quickly as possible to avoid detrimental
impacts on the Borough and its residents and to prevent the further
spread of graffiti.
B.
It is the purpose of this chapter to:
(1)
Prohibit and restrict the possession of graffiti implements.
(2)
Prohibit the application of graffiti on any public
or private property.
(3)
Require prompt removal of graffiti on all public or
private property.
(4)
Mandate the Wilson Police Department full jurisdiction
over the policies within this chapter.
C.
It is the intention of the Borough of Wilson through
the adoption of this chapter to provide additional enforcement tools
to protect public and private property form acts of graffiti vandalism
and defacement. This chapter is not intended to conflict with any
existing and graffiti state law.
As used in this chapter, the following terms
shall have the meanings indicated:
The removal, painting over or otherwise obscuring of graffiti
from view.
Any aerosol-based container which is capable of spraying
painting, ink, dye or similar substance and leaving a visible mark
on any natural or man-made surface.
Any etching tool, chemical, paste or similar material which
is capable of being used to etch glass.
Any unauthorized inscription, word, figure, mark, adhesive
label, patch or design that is written, marked, etched, scratched,
drawn, painted or engraved on, or otherwise affixed to, any surface
of public or private property, including but not limited to buildings,
structures or places.
Etching material or any aerosol container which contains
paint, ink, dye or any similar substance and which is capable of resulting
in the placement of graffiti upon any surface or substance, including
but not limited to glass, metal, concrete, wood and plastic.
The owner of record of the property as set forth in the tax
records.
A legal or equitable interest in real or personal property,
including but not limited to the interest of a tenant or lessee.
An owner, or an entity or person acting as an agent for an
owner by agreement, which has authority over the property or is responsible
for the property's maintenance or management, irrespective of any
arrangement to the contrary with any other party, each owner shall
always be a responsible party for the purpose of this chapter. There
may be more than one responsible party for a particular property.
A.
It is unlawful for any person to, or endeavor to,
apply graffiti on public or privately owned buildings, permanent structures
or places located on public or privately owned property within the
Borough. It is unlawful for any person to solicit or command another
person to apply graffiti. It is unlawful for any person to aid or
abet or agree to aid or abet another person to plan to apply or apply
graffiti. A violation of this provision shall constitute a summary
offense.
B.
It is unlawful for any person to have in his or her
possession, for the purpose of defacing property, any graffiti implement
while in any public park, school grounds, playground, swimming pool,
public recreational facility, any public right-of-way or other public
grounds in the Borough or while on private property not open to the
public without the owner's or agency's permission. A violation of
this provision shall constitute a summary offense.
C.
It is unlawful for any owner or responsible party
to maintain, permit or allow graffiti to remain on any property or
item within the Borough that is visible to any person of normal eyesight
utilizing any public road, alley, sidewalk or other facility open
to the general public. Any owner or responsible party found in violation
of this subsection shall be required to remove, or cause to be removed,
the graffiti from the surface on which it was placed. Inasmuch as
it is often not possible to determine the identity of the person who
applied the graffiti, it shall be the duty of the owner or responsible
party of the location on which the graffiti was applied to remove
the graffiti within 10 days, weather conditions permitting, after
receiving notice from the Borough. The notice shall include references
where the property owner or responsible party may seek assistance
in the abatement of the graffiti. If after 10 days of notification
of the violations no attempt has been made to remove the graffiti
from the premises, the Borough may undertake any necessary cleanup.
The Borough of Wilson will offer to remove said graffiti from the
premises at no cost to the property owner. If the property owner does
not allow the removal of the graffiti the Borough may require said
owner to pay for costs and expenses. Any cost or expense incurred
by the Borough for removal of graffiti and cleanup of private property
may be billed to the owner within 14 days of removal. Upon failure
to repay the Borough in a timely fashion, the Borough may file a municipal
lien against the property. Failure to remove the graffiti within the
10 days shall constitute a summary offense.
D.
Final approval concerning fine or reward will be made
solely by the Chief of Police.
Graffiti shall be removed or completely covered
in a manner that renders it inconspicuous. When graffiti is painted
out, the color used to paint it out shall match the original color
of the surface, or the surface shall be completely repainted with
a new color that is aesthetically compatible with existing colors
and architecture. The removal shall not leave shadows and shall not
follow the pattern of the graffiti such that letters or similar shapes
remain apparent on the surface after graffiti markings have been removed.
If the area is heavily covered with graffiti the entire surface shall
be repainted.
The Borough may offer a reward not to exceed
$250 for information leading to the identification, apprehension and
conviction of any person who willfully damages or destroys any public
or private property by the use of graffiti. The actual amount awarded
(not to exceed $250) shall be determined by the Chief of Police. Upon
conviction, the Borough may seek reimbursement of any reward as part
of a claim for restitution against the offender or the parents or
legal guardian of any unemancipated minor. In the event of multiple
contributors of information, the reward amount shall be divided by
the Borough in the manner it shall deem appropriate. Claims for rewards
shall be filed with the Chief of Police or his/her designee. No claim
for reward shall be allowed unless the Borough investigates and verifies
the accuracy of the claim and determines that the requirements of
this section have been satisfied.
