[HISTORY: Adopted by the Borough Council of the Borough of New Hope 1-11-1999 by Ord. No. 1999-1 (Ch. 6, Part 7 of the 1990 Code). Amendments noted where applicable.]
This chapter shall be known as the "Graffiti Ordinance of the Borough of New Hope," and shall apply to all graffiti occurring within the limits of the Borough of New Hope.
The following words or phrases, when used in this chapter, shall have the following meanings:
- BROAD-TIPPED INDELIBLE MARKER
- Any felt-tipped marker or similar implement which contains fluid that 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, insignia or symbol (including any letter, word, numeral, emblem or combination thereof), other than advertising which is otherwise provided for by Borough ordinances, which, without authorization, is marked, written, drawn, painted, scratched or affixed directly to or upon any subject or structure.
- A person who has not reached the age of 18 years.
- Any and all persons with legal and/or equitable title to real property in the Borough.
- Includes any individual, firm, partnership, association, corporation, company or organization of any kind.
- Includes any real estate, including improvements thereon, and tangible property, including, but not limited to, news boxes, newsstands, utility poles, public telephones, tree planters and other items of street furniture.
No person shall make or place graffiti of any type on any building, structure or tangible personal property.
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 aerosol container or marker and has consented to the minor's possession of same while on his or her property.
No person owning or occupying any property within the Borough of New Hope, Bucks County, Pennsylvania, shall permit any graffiti to accumulate or otherwise remain on any property so as to be visible to the public.
Upon discovery of any graffiti, any authorized employee of the Borough shall issue written notice to the owner, occupant or other responsible agent, of any premises whereon graffiti is present in violation of the provisions of this chapter, directing and requiring that such person remove such graffiti. In the event that the graffiti is not removed within 10 days from the date of mailing of the first notice, a second notice to remove the graffiti shall be sent and, if said graffiti is not removed within five days after the second notice, then the Borough shall have the right to enter upon the property for the purpose of removing the graffiti from the property and all such costs incurred by the Borough to do so shall be reimbursed by the owner of the property.
Any person who shall violate, fail, neglect or refuse to comply with any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $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 chapter continues shall be considered a separate offense.
A bill for cost 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 which may be imposed pursuant to this chapter.