[Adopted 10-14-2008 by Ord. No. 3224]
Graffiti is a symbol of blight that reduces
property values and inhibits economic growth. Graffiti encourages
further acts of vandalism and crime. The use of aerosol paint containers
to write or place graffiti 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, to not
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.
For the purposes of this article, the following
definitions shall apply:
Any canister, can, bottle, container or other receptacle
which contains any substance commonly known as "paint," "stain," "dye"
or other pigmented substance which is or can be modified to contain
pressure, or be pressurizing, in order to impel or propel any such
substance.
Includes any and all unsightly, offensive or defacing writings,
drawings, markings or other written or pictorial matter by any method
or device and of any content which contributes to the defacement of
the real or personal property involved and which contributes to the
ugliness and unsightliness of the object, space, area or community
and which is detrimental to the beauty, neatness and good order of
the area and community. This article shall not be construed to prohibit
easily removable chalk markings on the public sidewalks and streets
used in connection with traditional children's games.
Any person under the age of 18 years.
Includes associations, businesses, clubs, corporations, firms,
partnerships and bodies politic, as well as all individuals.
Any public or private property in the City of Bradford.
No person shall write, print or place with ink,
paint, chalk or other substances graffiti on the real or personal
property of another, whether said personal or real property is publicly
or privately owned.
No minor shall have in his or her possession
any aerosol paint container while on any public property, highway,
street, alley, sidewalk or park, or while on any private property
without the consent of the respective owner of such property, in a
manner that warrants a justifiable and reasonable alarm or immediate
concern for the safety of property in the vicinity. Among the circumstances
which may be considered by the enforcement officer in determining
whether such alarm or immediate concern is warranted is the fact that
the person takes flight upon appearance of an enforcement officer,
refuses to identify himself or herself or manifestly endeavors to
conceal himself or herself or the graffiti tool. Prior to any citation
being issued to a person for violation of this article, such person
shall be afforded an opportunity by the enforcement officer to dispel
any alarm or immediate concern which could otherwise be warranted
by requesting him or her to identify himself or herself and explain
his or her presence and conduct.
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.
All persons directly or indirectly involved
shall be equally responsible and guilty, not alone the individual
who may personally deface the object or area, but others in a group
who knowingly make available the tools, writing material, ladders,
lookout, materials or assistance or who knowingly supply funds to
acquire such materials for such purposes shall be equally guilty and
liable to punishment under this article.
A.Â
Any person who or which will violate any provision
of this article shall, upon his or her first conviction thereof, be
sentenced to pay a fine of not less than $25 nor more than $300 and/or
to imprisonment for a term not to exceed 90 days.
B.Â
Upon a conviction for the second time, the person
shall be sentenced to pay a fine of not less than $100 nor more than
$300 and/or to imprisonment for a term not to exceed 90 days.
C.Â
Upon a conviction for the third or greater time, the
person shall be sentenced to pay a fine of $300 and/or to imprisonment
for a term not to exceed 90 days.
D.Â
Any person who violates this article shall also be
required, either severally or jointly with others, to pay restitution
to the victim(s).
Property owners shall be liable for removal
of graffiti in the event that the person responsible for defacing
the property cannot be determined. Upon proper notice by the duly
authorized City official, the property owner shall remove or cause
to be removed any and all such graffiti within the period hereinafter
provided.1 Failure to comply with this
section shall result in the imposition of a fine of not less than
$25 nor more than $300. In the event that the City shall cause to
have the graffiti removed because the owner has not complied with
an order to do so, the City may recover the costs of the same from
the property owner.
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NOTES:
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1Between November
1 and April 30, the removal period is 45 days. During all other periods,
the removal period is 20 days.
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Upon discovery of graffiti, any authorized person
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 article, directing and requiring such person
to remove such graffiti. In the event that graffiti is not removed
within the applicable removal period from the date of mailing of this
first notice, a second notice to remove and request for consent to
allow the City to enter upon the property for the purpose of graffiti
removal at the owner's expense shall be issued.
Sale and display of graffiti implements; violations.
No person shall sell, offer to sell or give aerosol spray paint to
any person under the age of 18 years of age unless accompanied by
an adult, parent or guardian or unless that person is in possession
of a letter of permission from a sponsoring agency, employer or school.
This letter must be on the sponsor's letterhead and signed by an adult
with supervisory authority over 18 years of age.
There is hereby created the municipal antigraffiti
donation account within the Capital Reserve Fund. The account may
receive monetary donations from citizens, businesses and other organizations.
City Council shall direct the expenditure of monies in the graffiti
donation account for the purpose of eliminating graffiti in the City
of Bradford.
The administrative and legislative branches
of this government shall endeavor to have the municipalities in close
territorial proximity to the City of Bradford adopt legislation prohibiting
the conduct as set forth by this article.
