As used in this chapter, the following terms
shall have the meanings indicated:
ABATE
The removal, painting over or otherwise obscuring of graffiti
from view.
AEROSOL CONTAINER
Any aerosol-based container which is capable of spraying
painting, ink, dye or similar substance and leaving a visible mark
on any natural or man-made surface.
ETCHING MATERIALS
Any etching tool, chemical, paste or similar material which
is capable of being used to etch glass.
GRAFFITI
Any unauthorized inscription, word, figure, mark, adhesive
label, patch or design that is written, marked, etched, scratched,
drawn, painted or engraved on, or otherwise affixed to, any surface
of public or private property, including but not limited to buildings,
structures or places.
GRAFFITI IMPLEMENT
Etching material or any aerosol container which contains
paint, ink, dye or any similar substance and which is capable of resulting
in the placement of graffiti upon any surface or substance, including
but not limited to glass, metal, concrete, wood and plastic.
OWNER
The owner of record of the property as set forth in the tax
records.
PROPERTY
A legal or equitable interest in real or personal property,
including but not limited to the interest of a tenant or lessee.
RESPONSIBLE PARTY
An owner, or an entity or person acting as an agent for an
owner by agreement, which has authority over the property or is responsible
for the property's maintenance or management, irrespective of any
arrangement to the contrary with any other party, each owner shall
always be a responsible party for the purpose of this chapter. There
may be more than one responsible party for a particular property.
Graffiti shall be removed or completely covered
in a manner that renders it inconspicuous. When graffiti is painted
out, the color used to paint it out shall match the original color
of the surface, or the surface shall be completely repainted with
a new color that is aesthetically compatible with existing colors
and architecture. The removal shall not leave shadows and shall not
follow the pattern of the graffiti such that letters or similar shapes
remain apparent on the surface after graffiti markings have been removed.
If the area is heavily covered with graffiti the entire surface shall
be repainted.
The Borough may offer a reward not to exceed
$250 for information leading to the identification, apprehension and
conviction of any person who willfully damages or destroys any public
or private property by the use of graffiti. The actual amount awarded
(not to exceed $250) shall be determined by the Chief of Police. Upon
conviction, the Borough may seek reimbursement of any reward as part
of a claim for restitution against the offender or the parents or
legal guardian of any unemancipated minor. In the event of multiple
contributors of information, the reward amount shall be divided by
the Borough in the manner it shall deem appropriate. Claims for rewards
shall be filed with the Chief of Police or his/her designee. No claim
for reward shall be allowed unless the Borough investigates and verifies
the accuracy of the claim and determines that the requirements of
this section have been satisfied.
Any person violating §
116-3A,
B or
C of this chapter shall, upon conviction, be fined not more than $300 and, in default of payment of fine and costs, be imprisoned not more than 90 days.