No person shall commit an act of graffiti on public, quasi-public
or private property.
As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
Any inscriptions, words, figures or designs that are drawn,
etched, marked, painted, pasted, scratched, stapled or otherwise affixed
on any real or personal property. This includes commercial graffiti,
commonly involving the posting of bills or stickers, which means any
advertisement or notice of a commercial nature.
A person commits an act of graffiti if the person, having no
right to do so, intentionally applies graffiti or, in the case of
commercial graffiti, causes graffiti to be applied to property.
A Graffiti Trust Account maintained by the Borough specifically
for the remediation of graffiti on public property within the Borough
is hereby created. The governing body shall control the allocation
of the funds in the Graffiti Trust Account for the remediation of
graffiti within the Borough, which shall include cleaning, repairing,
painting or otherwise restoring the damaged public property to the
condition it was in prior to any remediation. Any remediation of public
property subjected to graffiti may be funded by the Graffiti Trust
Account at the discretion of the governing body.