As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
The unauthorized spraying, marking or inscribing of paint,
ink, chalk, dye, etching or other similar substances on any permanent
surface located on public or private property, including, but not
limited to, any building, wall, curb, sidewalk, post, pole, lamppost,
hydrant, bridge, tree or other permanent surface located on public
or private property.
Graffiti that is visible from a public right-of-way or other
public or private property is declared to be a public nuisance.
It shall be unlawful for any person owning or otherwise being
in control of any real property within the Borough to maintain graffiti
upon any wall, structure or other permanent surface located on such
property when the graffiti is visible from the street or other public
or private property.
Twenty-four hours after receipt of the notice or, if appealed
to the Director of Administrative Services, not less than 24 hours
after the decision of the Director of Administrative Services declaring
the graffiti to be a public nuisance, the Borough is authorized and
directed to cause the graffiti to be abated by the Borough or private
contractor, and the Borough or its private contractor is expressly
authorized to enter upon the property for such purposes.
Whenever the Director of Administrative Services or his/her
designee determines that graffiti is located on a public or privately
owned structure or other permanent surface on public or privately
owned real property within the Borough so as to be visible from any
public right-of-way or other public or private property in the Borough,
the Director of Administrative Services or his/her designee is authorized
to provide for the removal of the graffiti solely at the Borough's
expense without reimbursement from the property owner upon whose property
the graffiti has been applied upon the following conditions:
A. The Borough shall not paint or repair a more extensive area than
is necessary to remove the graffiti.
B. Where the structure or permanent surface is owned by a public entity
other than this Borough, the removal of the graffiti may be performed
only after securing the consent of the public entity having jurisdiction
over the structure or permanent surface and only after such entity
executed an appropriate release and right of entry form permitting
such graffiti removal.
Any person convicted of applying graffiti to any wall, structure
or other permanent surface located on a public or privately owned
real property within the Borough shall be guilty of criminal mischief
as defined in Section 1 of the Act of December 6, 1972, P.L. 1482,
No. 334, 18 Pa.C.S.A. § 3304, and shall be fined according
to said statute, which is incorporated herein by reference thereto.