[Ord. 1016, 9/23/2013]
This Part shall be known as the "Hatboro Graffiti Ordinance."
[Ord. 1016, 9/23/2013]
For purposes of this Part, the following terms, phrases, words,
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
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 or insignia, any symbol (including any letter,
word, numeral, emblem or combination thereof), other than advertising,
which is otherwise provided for by Borough ordinances, which is marked,
written, drawn, painted, scratched or affixed directly to or upon
any property or surface, public or private, without the express consent
of the owner or person in possession of said property or surface.
Any aerosol paint container, broad-tipped indelible marker,
gum label, paint stick or graffiti stick, etching equipment, brush
or any other device capable of scarring or leaving a visible mark
on any natural or man-made surface.
For the purpose of this chapter, a person who has not yet
reached 18 years of age.
Any and all persons with legal and/or equitable title to
real property in the Borough as their names and addresses are shown
upon the official property records.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any real estate, including improvements thereon; tangible
property, including, but not limited to, newsboxes, newsstands, utility
poles, public telephones, tree planters and other items of street
furniture; and vehicles located thereon.
Any exterior surface of real or tangible property, including
building exteriors, walls, parking areas, driveways, roads, sidewalks
and any area paved in concrete, asphalt, packed stone or similar material.
[Ord. 1016, 9/23/2013]
1.
Making Graffiti. No person shall make graffiti of any type on any
real or tangible property or any surface, public or private.
2.
Possession of Graffiti Implements. No minor shall have in his/her
possession any aerosol paint container or broad-tipped indelible marker
while on any public property (including any highway, street, alley,
sidewalk or park) or while on any private property, unless the owner
or person in possession of the property knows of and consents to the
minor's possession of the aerosol paint container or broad-tipped
indelible marker while on his/her property.
3.
Sale to Minors. No person shall sell, furnish or convey to any minor,
and no minor shall buy, any aerosol paint container or broad-tipped
indelible marker.
[Ord. 1016, 9/23/2013]
1.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol paint containers or broad-tipped indelible
markers shall:
A.
Place a sign in clear public view at or near the display of such
products, stating:
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GRAFFITI IS A CRIME UNDER THE PA. CRIMES CODE § 3304,
CRIMINAL MISCHIEF. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY WILL
BE SUBJECT TO ARREST AND PROSECUTION.
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B.
Place a sign in the direct view of such persons responsible for accepting
customer payment for aerosol paint containers or broad-tipped indelible
markers, stating:
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IT IS A VIOLATION OF THE BOROUGH ORDINANCE TO SELL AEROSOL PAINT
CONTAINERS OR BROAD-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS
OF AGE.
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C.
No person shall sell or offer for sale, transfer or offer to transfer
any aerosol paint container or broad-tipped indelible marker unless
such items are observable by the attendant of the retail establishment
or unless such items are stored, out of sight, in a manner that prevents
free access to the items by the public.
[Ord. 1016, 9/23/2013]
1.
Requirement to Remove Graffiti. Upon written notification by the
Borough, the owner of property upon which graffiti has been placed
shall remove the graffiti within 30 calendar days from the date of
the notice. If delivery is not made to the owner, then a written notice
of removal of the graffiti shall be posted upon the premises. The
Borough will supply the property owner with information and methods
of removal upon request.
2.
Remedy. If a property owner fails to remove graffiti within 30 days
after a notice of violation has been issued, the Borough may proceed
to remove the graffiti itself or by contract, and the property owner
may be responsible for the costs of removal, including all related
administrative costs. Notice of this fact shall be provided to the
property owner at the same time and in the same manner as the notice
of violation is issued. A bill for such costs of removal may be delivered
to the property owner, proprietor or other responsible agent, and
the Borough may file a lien against the property in the amount of
such costs. Liability for costs of removal under this section may
be in addition to liability for any fine imposed.
3.
Exigent Circumstances. In the interest of public safety, the Borough
reserves the right to remove any graffiti on private property without
the owner's permission when such graffiti may constitute the
crime of institutional vandalism or ethnic intimidation.
[Ord. 1016, 9/23/2013]
1.
Any person who shall violate any provision of this Part, upon conviction
thereof, shall be sentenced to a fine of not more than $350 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2.
In addition to the penalties specified by Subsection 1 above, any person who violates any provision of this Part shall pay the cost of the repair and removal of graffiti that he or she has been found to be responsible for.
3.
The fine or penalty imposed by this Part shall be in addition to
any other penalty imposed by this Part or allowed by law. A person
found to be in violation of this Part may also be required to perform
community service to offset the costs of removal or cleanup, subject
to the discretion of the court.
