[Adopted 11-6-2002 by Ord. No. 200-2002]
This article shall be known and may be cited
as the "Nuisance Ordinance" of the Township.
It shall be unlawful for any person to create,
continue, cause, maintain, or permit to exist any nuisance within
Bern Township.
Any person who shall create, continue, cause, maintain, or permit to exist any nuisance at any place within Bern Township, in violation of §
114-2 above, shall, after order from a police officer or a designated representative of the Bern Township Board of Supervisors to do so, remove or abate such nuisance. If such person shall fail, neglect, or refuse to abate such nuisance as ordered, the police officer or designated representative of the Bern Township Board of Supervisors shall have the authority to cite such person for a violation of this article and/or to remove or abate such nuisance.
Any person who shall violate any provision of
this article shall, for each and every such violation, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $1,000 and costs of prosecution, and, in default of payment of
such fine and costs, to imprisonment for not more than 30 days. Each
day during which any person violates any provisions of this article
shall constitute a separate offense.
The following activities and individuals are hereby exempt from the provisions of §
114-2: use of public athletic and recreational facilities for events organized and operated by state, county or local athletic or recreation associations or organizations; state or municipal road repairmen or utility repairmen or emergency services personnel, working within the course of their employment in their capacity as road repairmen, utility repairmen and emergency services providers; and persons engaged in commercial agriculture, including but not limited to cultivation and harvesting of crops and/or the care of livestock.
[Adopted 10-7-2008 by Ord. No. 249-2008]
Graffiti contributes to the deterioration of
property values, unsightliness and general disorder in a community.
Recognizing the community problem, the purpose of this article is
to promote safety and general welfare of the residents/citizens of
the Township by helping to create graffiti-free environments.
As used in this article, the following terms
shall have the meanings indicated:
GRAFFITI
A.
Any inscription, work, symbol, figure, marking
or design, including but not limited to tags, throw-ups and pieces,
that is 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.
B.
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 ABATEMENT COSTS AND EXPENSES
The costs and expenses of having the defaced property repaired
or replaced when the Township determines that removal of the graffiti
would not be cost effective; and the law enforcement costs and expenses
incurred in identifying and apprehending a responsible party; and
the related administrative, overhead and incidental costs incurred
in performing or causing the performance of the enforcement, abatement
or collection procedures described in this article and related court
costs and attorneys' fees.
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 or sticker placed securely on the front door or
other highly visible area of a property which is defaced with graffiti
or a letter mailed to the property owner of the property defaced with
graffiti or a letter personally delivered to the owner of a property
defaced with graffiti. Said letter or sticker shall contain a statement
that the graffiti must be removed within 30 days after the letter
or sticker has been posted on the property or received by the property
owner.
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
Every natural person, firm, corporation, partnership, association
or institution.
PIECES
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person,
and includes front, side and rear yards, vacant lots, buildings and
other structural improvements, walkways and alleyways and parking
areas designed or used either wholly or in part for private residential,
industrial or commercial purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or structure.
PUBLIC OFFICER
Any police officer or any public official authorized to enforce
the ordinances of the Township of Bern as set forth in the Bern Township
Code of Ordinances.
TAGS
A form of graffiti represented by stylized signatures of
a writer's chosen name.
THROW-UPS
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.
At a hearing requested by the property owner,
the owner shall be entitled to present evidence and argue that his
or her property does not contain graffiti. The determination of the
Code Enforcement Officer after the hearing shall be final and not
appealable. After the hearing, if the Code Enforcement Officer determines
that the property contains graffiti, the Code Enforcement Officer
may order that the graffiti be abated.