It has become apparent that the use of pens,
writing and artistic devices and spray can and marking devices used
in connection with the writing of graffiti on walls and other places
of structures and property has reached such significant levels and
proportions that immediate local attention should be given this matter
by this municipality. The unabated proliferation of graffiti is a
physical blight upon the landscape of Latrobe and costs taxpayers,
merchants and homeowners substantial moneys to remove and repair.
The defacing of such property and the use of foul language in many
of the writings is harmful to the general public and violative of
the good and welfare of the citizens, residents and people of Latrobe.
It is the further intent of this legislation that any person guilty
of writing graffiti on buildings and property shall be punished so
that the punishment shall fit the offense.
Any person who violates §
202-2, Subsection
A,
B or
C, of this chapter shall be punished by a fine of not more than $250 for a first offense and of not more than $600 for a second or subsequent offense or imprisonment for not more than 15 days, or both such fine and imprisonment.
It is the responsibility of the owner, or his
agent, of the building or structure which has been defaced without
the owner's, or his agent's, prior written permission by a writing,
painting or drawing of any inscription, figure or mark to completely
remove said graffiti from the building or structure within 30 days
of receipt of written notice of the defacement by the Chief of Police
of his designee, said notice having been served personally or as otherwise
permitted by law.
Failure of the owner of the building or structure
to remove the graffiti within the time allowed after written notice
may subject the owner to a fine of not more than $250 for the first
offense. Each thirty-day period thereafter shall be deemed a separate
offense and shall subject the owner to additional fines not to exceed
$250 for each offense.
If said graffiti condition is not removed, cured
or corrected within 30 days after receipt of written notice from Latrobe,
then Latrobe shall have the right to enter the premises to remove
the graffiti and/or repaint the premises as set forth above, and the
cost of the removal of the graffiti and/or repainting shall be at
the sole, joint and several cost and expense of the occupant, lessee,
sublessee, agent or landlord of said building or structure. The actual
cost of the removal of the graffiti and/or repainting, plus the cost
of the inspection of said graffiti and/or repainting and other costs
incidental to such removal, shall thereupon become a lien upon the
real property upon which the graffiti was found to exist and not remedied
under this subsection, and the same shall be collected and enforced
in the same manner as any other municipal claim. This remedy shall
be in addition to any other remedy for fine or civil penalty.
As used in this chapter, the following terms
shall have the meanings indicated:
Should any provision of this chapter be subsequently
determined to be invalid or unconstitutional, then and in that event,
the provision of this chapter so determined to be invalid or unconstitutional
shall be stricken and, to the greatest extent possible, the remaining
provisions in this chapter shall remain in full force and effect.
In this chapter, the singular shall include
the plural and vice-versa, and any reference to either gender shall
also be implied to include the other gender as well.