[HISTORY: Adopted by the Board of Supervisors of the Township
of Hanover 5-26-2009 by Ord. No. 09-16. Amendments noted where applicable.]
A.
Graffiti is detrimental to the health, safety and welfare of the
community in that it leads to urban blight; encourages gang activity;
is detrimental to property values, business opportunities, and the
enjoyment of life; is inconsistent with the Township's property
maintenance goals, aesthetic standards and clean and safe theme; and
results in additional graffiti and in other properties becoming the
target of graffiti unless it is quickly removed from public and private
property. Graffiti results in visual pollution and is a public nuisance.
Graffiti must be abated as quickly as possible to avoid detrimental
impacts on the Township and its residents, and to prevent the further
spread of graffiti.
B.
It is the purpose of this chapter to:
(1)
Prohibit and restrict the possession of graffiti implements; and
(2)
Prohibit the application of graffiti on any public or private property;
and
(3)
Require prompt removal of graffiti on all public or private property;
and
(4)
Mandate the Colonial Regional Police Department full jurisdiction
over the policies within the Hanover Township Graffiti Ordinance.
C.
It is the intention of the Township of Hanover, through the adoption
of this chapter, to provide additional enforcement tools to protect
public and private property from acts of graffiti vandalism and defacement.
This chapter is not intended to conflict with any existing anti-graffiti
state law.
As used in this chapter, the following terms shall have the
meanings indicated:
The removal, painting over or otherwise obscuring of graffiti
from view.
Any aerosol based container which is capable of spraying
paint, ink, dye or similar substance and leaving a visible mark on
any natural or man-made surface.
Any etching tool, chemical, paste or similar material which
is capable of being used to etch glass.
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.
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.
Any person under the age of 18 years.
The owner of record of the property as set forth in the tax
records.
Legal or equitable interest in real or personal property
including but not limited to the interest of a tenant or lessee.
An owner, or an entity or person acting as an agent for owner
by agreement, who 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.
The Township of Hanover, Northampton County, Pennsylvania.
A.
It is unlawful for any person to, or endeavor to, apply graffiti
on public or privately owned buildings, permanent structures or places
located on public or privately owned property within the Township.
It is unlawful for any person to solicit or command another person
to apply graffiti. It is unlawful for any person to aid or abet or
agree to aid or abet another person to plan to apply or apply graffiti.
A violation of this provision shall constitute a summary offense.
B.
It is unlawful for any person to have in his or her possession for
the purpose of defacing property, any graffiti implement while in
any public park, school grounds, playground, swimming pool, public
recreational facility, any public right-of-way, or other public grounds
in the Township or while on private property not open to the public
without the owner's or agency's permission. A violation
of this provision shall constitute a summary offense.
C.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor to knowingly assist, aid, abet,
allow, permit or encourage said minor to violate the provisions of
this chapter either by words, overt act or by failing to act. A violation
of this provision shall constitute a summary offense.
D.
It is unlawful for any owner or responsible party to maintain, permit or allow graffiti to remain on any property or item within the Township that is visible to any person of normal eyesight utilizing any public road, alley, sidewalk or other facility open to the general public. Any owner or responsible party found in violation of Subsection D shall be required to remove or cause to be removed the graffiti from the surface on which it was placed. Inasmuch as it is often not possible to determine the identity of the person who applied the graffiti, it shall be the duty of the owner or responsible party of the location on which the graffiti was applied to remove the graffiti within 10 days, weather conditions permitting, after receiving notice from the Township. The notice shall include references where the property owner or responsible party may seek assistance in the abatement of the graffiti. If after 10 days of notification of the violations, no attempt has been made to remove the graffiti from the premises, the Township may undertake any necessary cleanup. The Township of Hanover will offer to remove said graffiti from the premises at no cost to the property owner. If property owner does not allow the removal of the graffiti the Township may require said owner to pay for costs and expenses. Any cost or expense incurred by the Township for removal and cleanup of private property may be billed to the owner within 14 days of removal. Upon failure to repay the Township in a timely fashion, the Township may file a municipal lien against the property. Failure to remove the graffiti within the 10 days shall constitute a summary offense.
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 Township 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 Township Manager or his/her designee. Upon
conviction, The Township 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 Township in the manner it shall deem appropriate. Claims for rewards
shall be filed with the Township Manager or his/her designee. No claim
for reward shall be allowed unless the Township investigates and verifies
the accuracy of the claim and determines that the requirements of
this section have been satisfied.
Any person violating § 88A-3 of this chapter shall, upon conviction, be fined not more than $500 and, in default of payment of fine and costs, be imprisoned not more than 90 days.
