[HISTORY: Adopted by the Borough Council of the Borough of Kutztown as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1969 by Ord. No. 13-1969]
It shall be unlawful for any person or persons, firm, corporation, company or association, within the limits of the Borough of Kutztown, Berks County, Pennsylvania:
A. 
To willfully make or cause to be made, or, being the owner of any premises or having control thereof, to permit within or on said premises, any loud, boisterous or unseemly noise or disturbances, or to be guilty of vagrancy, or to engage in fighting or to incite others to fight, assault or quarrel, or to engage in any other unlawful act tending to imperil the personal security or safety of any person or persons within the Borough of Kutztown or on borough-owned properties located outside the physical boundaries of the Borough, or to endanger or injure any property within the Borough of Kutztown or on Borough-owned properties located outside the physical boundaries of the Borough, to the annoyance of the public, or near to any alley, street, bridge, public passageway or public place whereby the public peace is broken or disturbed or the public is annoyed or offended.
[Amended 10-24-2000 by Ord. No. 6-2000]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, which prohibited the public use of indecent language, the commission of lewdness, public indecency or exposure, public displays of intoxication or drunkenness or disorderly assemblies, was repealed 4-18-2006 by Ord. No. 8-2006.
C. 
To loaf, loiter, lounge, stand or congregate on or otherwise occupy any of the sidewalks, streets, crossings, street corners, bridges, highways or alleys in front of or about any place of business or other public place within the Borough of Kutztown in such a way as to obstruct the free flow of vehicular and/or pedestrian traffic.
[Amended 8-26-1980 by Ord. No. 9-1980; 4-18-2006 by Ord. No. 8-2006]
D. 
(Reserved)[2]
[2]
Editor' Note: Former Subsection D, which prohibited loafing or loitering on private property, as amended 9-5-1972 by Ord. No. 9-1972, was repealed 4-18-2006 by Ord. No. 8-2006.
E. 
To willfully conduct or cause to be conducted, or, being the owner of any premises or having control thereof, to knowingly permit within or on said premises, any open burning, as defined by § 158-3 of this article, upon any sidewalk, roadway, or property within the Borough of Kutztown.
[Amended 4-18-2006 by Ord. No. 8-2006]
F. 
To throw, place, discard or be a party to throwing, placing or discarding any garbage, rubbish, paper, refuse or litter of any kind on, upon or adjacent to any road, street, alley, sidewalk, public place or lot or piece of ground within the Borough of Kutztown or on Borough-owned properties located outside the physical boundaries of the Borough.
[Amended 10-24-2000 by Ord. No. 6-2000]
G. 
To knowingly and intentionally utilize or access any 911 emergency communications system or wireless E-911 system to contact a public safety answering point, as defined by the Pennsylvania Public Safety Emergency Telephone Act,[3] as amended, by dialing 9-1-1 without having a legitimate purpose.
[Amended 4-18-2006 by Ord. No. 8-2006]
[3]
Editor's Note: See 35 P.S,. § 7011 et seq.
H. 
(Reserved)[4]
[Amended 10-24-2000 by Ord. No. 6-2000]
[4]
Editor's Note: Former Subsection H, which prohibited the destruction or defacement of public or private property, as amended 10-24-2000 by Ord. No. 6-2000, was repealed 4-18-2006 by Ord. No. 8-2006.
I. 
To nail, tack, hang or otherwise append any sign, notice or advertisement of any kind whatsoever upon any tree, post, pole, electric pole or pillar of any description, except on private property and then only by permission of the owner thereof.
J. 
(Reserved)[5]
[5]
Editor’s Note: Former Subsection J, which prohibited publicly insulting, harassing or heckling a peace officer, was repealed 4-18-2006 by Ord. No. 8-2006.
K. 
To cause any unnecessary and disturbing noise generated or created by a motor vehicle or commercial vehicle, including but not limited to the squealing of tires, backfiring, blowing of a horn, racing of an engine or parking, as defined by § 158-3 of this article, of a commercial vehicle on public or private property, to the annoyance of peaceable residents nearby or within or near to an alley, street, bridge, public passageway, private lot, or public place whereby the public peace is broken or disturbed or the public is annoyed or offended. Where a party has direct or indirect control over a private lot, the party shall be presumed to have control over any vehicle so parked and shall be in violation of this section whether the party actually parked the vehicle or was aware of the parked vehicle. This prohibition shall not apply to vehicles parked temporarily for any fairgrounds, picnics, campgrounds, media events or other social events for entertainment or educational purposes.
[Amended 5-29-2001 by Ord. No. 5-2001]
L. 
To keep or suffer to remain on any premises any odorous, offensive or unwholesome matter of any kind or any wood, corncobs or other matter of substance or substances which attracts rats, mice or other rodents or insects.
M. 
To keep, operate or be employed at any house, home, apartment or other dwelling unit or establishment wherein liquor or malt or brewed beverages are sold without an appropriate license to do so issued by the Commonwealth of Pennsylvania.
[Added 10-24-2000 by Ord. No. 6-2000]
N. 
To be present in any house, home, apartment or other dwelling unit or establishment wherein liquor or malt or brewed beverages are being sold without an appropriate license issued by the Commonwealth of Pennsylvania to do so conspicuously displayed on the premises.
[Added 10-24-2000 by Ord. No. 6-2000]
O. 
To knowingly permit any property in which any person or persons, firm, corporation, company or association have an equitable or legal ownership to be used as a house, home, apartment or other dwelling unit or establishment where persons are engaged in the sale of liquor or malt or brewed beverages without a license to do so issued by the Commonwealth of Pennsylvania.
[Added 10-24-2000 by Ord. No. 6-2000]
P. 
No person shall deposit, or permit to be deposited, on publicly or privately owned property, any human excrement, vomit, or other human bodily waste unless such waste is deposited in a toilet, urinal, or other receptacle designed, intended and made available for such use.
[Added 4-18-2006 by Ord. No. 8-2006]
Q. 
Occupying and using the roof or roof overhang of a building when such roof is not designed and permitted for such occupancy by the Borough Building Code, except when performing repairs or maintenance of the roof or in an emergency situation.
[Added 6-21-2016 by Ord. No. 2-2016]
[Amended 12-28-1976 by Ord. No. 17-1976; 12-26-1995 by Ord. No. 12-1995]
Any person who shall violate § 158-1H of this article shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600 and the costs of prosecution, and, in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days. Any person who shall violate any provision of this article other than § 158-1H shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 and the costs of prosecution, and, in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
[Added 12-26-1995 by Ord. No. 12-1995; amended 10-24-2000 by Ord. No. 6-2000; 5-29-2001 by Ord. No. 5-2001]
As used in this article, the following terms shall have the following meanings:
COMMERCIAL VEHICLE
A motor vehicle designed or used to transport passengers or property as set forth in the Pennsylvania Motor Vehicle Code, as amended, 75 Pa. C.S.A. § 1603.
DIRECT CONTROL
Either residency, occupancy or use of said real estate.
OPEN BURNING
The burning of any materials, including but not limited to any wood, paper, hay, straw or other inflammable substance, wherein products of combustion are emitted directly into the outdoor atmosphere without passing through a stack, chimney or screen from an enclosed chamber. For purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion takes place, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and to permit the escape of exhaust gases are open. During the time of combustion, permissible enclosures, such as lawn stoves, shall be maintained at a distance of no less than 10 feet from any structure and the smoke and emissions from the enclosure shall not pose a safety hazard. Additionally, during the time of combustion, such enclosures shall be attended by a responsible person at all times. Exemptions are defined under § 168-9B of this Code.
[Added 4-18-2006 by Ord. No. 8-2006]
PARKING
The leaving of such commercial vehicle unattended or with the driver sleeping with the motor and/or engine of said vehicle running for a period of time in excess of 15 minutes on public or private property or allowing such a vehicle with the motor and/or engine of said vehicle running on private property for a period of time in excess of 15 minutes. Where a party has direct control over such private property, he shall be presumed to have control over any vehicle so parked and shall be in violation of this article whether he actually parked the vehicle himself or was aware of the parked vehicle.
PUBLIC
Affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places to be included are highways, transport facilities, schools, apartment houses, places of business or amusement, and any neighborhood or premises which are open to the public.
[Adopted 8-19-2008 by Ord. No. 10-2008]
This article shall be known as the "Graffiti Code of the Borough of Kutztown" and shall apply to all graffiti occurring within the jurisdictional limits of the Borough of Kutztown.
A. 
The following words, terms or phrases, when used in Article II of this chapter, shall have the meanings ascribed to them in this section.
AUTHORIZED PERSON
A police officer, community service officer, or Code Enforcement Officer of the Borough of Kutztown.
BOROUGH
The Borough of Kutztown.
BROAD-TIPPED INDELIBLE MARKER
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.
CONSENT
Voluntary agreement by a person.
GRAFFITI
(1) 
Any inscription, work, symbol, figure, marking or design, including but not limited to, tags, throw-ups and pieces, that are marked, etched, scrawled, stained, drawn or painted and stuck on or adhered to any surface on public or private property without the express permission of the owner or owner's agent of such property, including, but not limited to, any wall, underpass, overpass, trestle, tree, sign, pole, playground apparatus, utility box, building, structure, fixture or other improvements, whether permanent or temporary, regardless of the content or nature of the material that has been applied, and which is visible from any public property or the public right-of-way, or from any private property other than the property on which the graffiti exists.
(2) 
Graffiti shall not be construed to apply to easily removable chalk markings on the public sidewalks and streets used in connection with traditional children's games.
GRAFFITI IMPLEMENT
Any implement capable of marking a surface to create graffiti, including, but not limited to, aerosol or pressurized paint containers, markers, gum labels, paint brushes or etching tools capable of scarring glass, metal, concrete or wood.
GUM LABELS
Any materials, such as, but not limited to, decals, stickers, posters or labels which contain a substance commonly known as "adhesive" or "glue," which cannot be removed from the surface in an intact condition and with minimal efforts.
MARKER
Any indelible or permanent marker or similar implement with a point, brush, applicator or other writing surface which at its broadest width is 3/6 of an inch or greater and contains ink that is not water soluble.
MINOR
Any person under the age of 18 years.
NOTICE
A letter delivered to the owner of the property or placed securely on the front door or other highly visible area of a property which is defaced with graffiti. Said letter or sticker shall contain a statement that the graffiti must be removed within 10 days after the letter has been posted on the property or received by the owner of the property.
OWNER
Any and all persons with legal and/or equitable title to real property in the Borough.
PAINT STICK or GRAFFITI STICK
Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and upon application, leaving a visible mark and that is not water soluble.
PERSON
Includes any individual, firm, partnership, association, corporation, company or organization of any kind.
PIECES
Forms of graffiti represented by detailed, multicolored murals, ranging in size.
PROPERTY
Includes any real estate, including improvements thereon; and tangible personal property, including but not limited to newsboxes, newsstands, utility poles, public telephones, tree planters and other items of street furniture; and vehicles located thereon.
TAGS
A form of graffiti represented by stylized signatures of a writer's chosen name.
THROWUPS
A form of graffiti represented by large names or figures written in a bubble style, often with an outline written in a different color than the interior of the letters.
B. 
Words and phrases, when used in Article II, except for sections or articles to which different or additional definitions apply, shall have the meanings ascribed to them in the Crime Code, 18 Pa.C.S.A., as amended.
A. 
No person owning or occupying any property within the Borough of Kutztown, Berks County, Pennsylvania, shall permit any graffiti to accumulate or otherwise remain on any property so as to be visible to the public.
B. 
Upon discovery of graffiti, any authorized person shall issue written notice to the owner, occupant or other responsible agent of any properties whereon graffiti is present in violation of the provisions of this article, directing and requiring such person to remove such graffiti. In the event that graffiti is not removed within 10 days from the date of mailing of this first notice, a second notice to remove and request for consent to allow the Borough to enter upon the property for the purpose of graffiti removal at the owner's expense shall be issued. Failure to remove graffiti within 10 days of mailing of the second notice shall constitute a violation of this article.
C. 
It shall be unlawful for any person to commit any overt act resulting in or attempting to result in an application of graffiti.
D. 
It shall be unlawful for any person to intentionally, maliciously or wantonly expose or tend to expose another to risk of violence, contempt or hatred on the basis of race, color, creed or religion by the use of what is commonly known as "graffiti."
E. 
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of 18 years to knowingly assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this article, as herein defined, either by words, overt act or by failing to act.
F. 
All persons directly or indirectly involved in acts of graffiti vandalism may be found to be equally responsible and guilty of the act, in addition to the individual who may personally deface the object or area, such as other in the group who knowingly make available the tools, writing material, ladders, lookouts, materials or assistance, or who knowingly supplies funds to acquire such materials for such purposes.
G. 
No minor shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any public property, highway, street, alley, sidewalk or park, or while on any private property, unless the owner or person in possession of the property knows of the minor's possession of the aerosol container or marker and has consented to the minor's possession while on his or her property.
H. 
No person, partnership or corporation shall sell, cause to be sold, furnish or convey to any person under the age of 18 years of age any aerosol container of spray paint or broad-tipped indelible marker.
I. 
Every person, partnership or corporation who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paints or broad-tipped indelible markers shall place a sign in the direct view of such persons responsible for accepting customer payment for aerosol containers of spray paint or broad-tipped indelible markers substantially in the following form:
It is a violation of the law to sell aerosol containers of spray paint or broad-tipped indelible markers to persons under 18 years of age. This offense is punishable by a fine or imprisonment. Punishment may be in the form of community service or cleanup at the discretion of the Magisterial District Judge.
J. 
Every person, partnership or corporation who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paints or broad-tipped indelible markers shall store or cause such aerosol containers or marker pens to be stored either:
(1) 
In the direct line of sight from the cash register work area or any other work area that is normally continuously occupied while the store is open;
(2) 
Under continuous electronic or mechanical surveillance or control; or
(3) 
In a place not accessible to the public in the regular course of business without employee assistance, pending legal sale of such markers or paint containers.
A. 
Any person who shall violate, fail, neglect or refuse to comply with § 158-7A or B or § 158-8 of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not exceeding 30 days. Each day that a violation of this article continues shall be considered a separate offense.
B. 
Any person who shall violate § 158-7C through J of this article shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and the costs of prosecution, and in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
C. 
If the owner, occupant or other responsible agent of the property fails to remove graffiti or give consent for removal within 10 days after the second notice of violation has been issued, the Borough may proceed to remove the graffiti itself or by contract.
D. 
Except where the legal fees, administrative and filing costs exceed the cost of removal, a bill for costs of removal shall be delivered to the property owner, occupant or other responsible agent and, in the event of nonpayment, the Borough may file a lien against the property in the amount of such costs. Liability for costs of removal shall be in addition to liability for any fine imposed.