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.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, such as garages,
fences, retaining walls, facades or any other structure, located within
the Township of Haverford.
GRAFFITI
Any mark, figure, drawing, inscription or other notation,
drawn, written, etched, painted or otherwise placed on any surface,
building or property, inclusive of the use of stickers or paste-on
stamps containing the marks defined herein, without the permission
of the owner or occupant thereof.
GRAFFITI IMPLEMENT
Any aerosol spray paint matter or broad-tipped marker with
a marking surface of 1/4 inch or more in any direction or any other
substance or item used to make graffiti and/or related vandalism.
OWNER
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
PERSON
Includes any human being, corporation, partnership, authority,
company, municipality, unincorporated association, or any other entity
able to sue or be sued.
PROPERTY
Includes any real property and appurtenances and personal
property, including all trailers, vehicles or other similar personal
property, wherever it may be.
No person shall make graffiti on any public or private building
or other structure or any other real or personal property owned by
others.
No person shall write, print, spray or place with ink, paint,
chalk or any other substance or substances or otherwise mark, scratch,
carve or etch graffiti on the real or personal property of another,
whether said real or personal property is publicly or privately owned,
unless the owner of said property shall have, prior to such writing,
painting or placing of graffiti, specifically consented to the same.
The parent or legal guardian, other than the state or a local
social services department, or a foster parent having custody of a
person over 10 and less than 18 years of age shall, if such person
willfully, maliciously or unlawfully makes graffiti or damages or
destroys real or personal property, which personal property is owned
or maintained by another, in addition to any other civil remedy a
person who has suffered damage may have, be held liable for such damage
or destruction.
Except as otherwise specified in §
97-7B above, it shall be the duty of any police officer of the Township of Haverford to enforce the provisions of this chapter against any person found to be violating the same.
Any person, firm or corporation violating any provision of this
chapter shall, upon summary conviction before any District Justice,
pay a fine not exceeding $1,000 and costs of prosecution; and in default
of one payment of the fine and costs, the violator may be sentenced
to the county jail for a term of not more than 90 days. Each and every
day in which any person, firm or corporation shall be in violation
of this chapter shall constitute a separate offense.