[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 2-14-1985 by Ord. No. 1144 (Ch. 66 of the 1972 Code). Amendments
noted where applicable.]
The use of broad-tipped pens, paint spray cans, pencils, pens,
crayons or other marking devices to write graffiti, verbal or otherwise,
on the walls or other available spaces on public or private buildings,
vehicles, areas or facilities causes serious defacement of such buildings,
vehicles and areas, public and private, and contributes to the deterioration
of property values, as well as offending the public's right,
public and private, not to have unsightly and unlawful graffiti on,
with defacement of, public and private property, and it constitutes
a deleterious practice contrary to the public health and welfare.
In addition, such contempt for the property rights of private citizens
as well as public facilities contributes to the erosion of law and
order and contributes to the deterioration in the quality of life
of the community and must be opposed and punished.
A.
In addition to the provisions of other laws and ordinances, the writing
or placing of any written or pictorial graffiti, writings, pictures
or other markings whatsoever, by any defacing whatsoever, including
but not limited to pens, spray cans, pencils, crayons, paint, chalk
or any other method or substance whatsoever, on any and all public
or private property whatsoever, including real property, personal
property or mixed-classification property, without the express knowledge
and consent of the owner, is prohibited.
B.
Marking of any property, real, personal or mixed, by the owner thereof
in such a manner as would constitute graffiti is likewise prohibited.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this chapter before any Magisterial District Judge shall
be sentenced to pay a maximum fine as provided from time to time by
state statute, together with the cost of prosecution, or to undergo
imprisonment in the county jail for a term not to exceed 30 days,
or both. In addition, the Magisterial District Judge is urged to require
appropriate correction and restitution by requiring the offender to
remove graffiti under the supervision of such municipal employee or
other person designated by the court in order to avoid, in a proper
case, a custodial sentence, according to the discretion of the Magisterial
District Judge.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any and all unsightly, offensive or defacing writings,
drawings, markings or other written or pictorial matter by any method
or device, and of any content, which contributes to the defacement
of the real or personal property involved and which contributes to
the ugliness and unsightliness of the object, space, area or community
and which is detrimental to the beauty, neatness and good order of
the area and community.
In the enforcement of this chapter, all persons directly or
indirectly involved shall be equally responsible and guilty; not alone
the individual who may personally deface the object or area, but others
in a group who encourage and participate in such actions, as well
as persons who make available the tools, writing material, ladders,
lookouts, materials or assistance or who knowingly supply funds to
acquire such materials for such purposes, including parents and friends,
shall be equally guilty and liable to punishment under this chapter.
This chapter shall not be construed to prohibit easily removable
chalk markings on the public sidewalk and street in connection with
traditional children's games, such as bases for stickball, handball,
hopscotch and the like, nor temporary, easily removed chalk markings
in connection with any lawful business or public purpose or activity.
