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Borough of Penndel, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Penndel as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-1999 by Ord. No. 99-1]
This article shall be known as the "Graffiti Ordinance of the Borough of Penndel" and shall apply to all graffiti occurring within the limits of the Borough of Penndel.
The following words or phrases, when used in this article, shall have the following meanings:
BROAD-TIPPED INDELIBLE MARKER
Any felt-tipped marker or similar implement which contains fluid that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
CONSENT
Voluntary agreement by a person.
GRAFFITI
Every name, identification, description, crude drawing, announcement, display, illustration, insignia or symbol (including any letter, word, numeral, emblem or combination thereof), other than advertising which is otherwise provided for by Borough ordinances, which, without authorization, is marked, written, drawn, painted, scratched or affixed directly to or upon any subject or structure.
MINOR
A person who has not reached the age of 18 years.
OWNER
Any and all persons with legal and/or equitable title to real property in the Borough.
PERSON
Includes any individual, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY
Includes any real estate, including improvements thereon, and tangible property, including but not limited to news boxes, newsstands, utility poles, public telephones, tree planters and other items of street furniture.
No person shall make or place graffiti of any type on any building, structure or tangible personal property.
No minor shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any public property, highway, street, alley, sidewalk or park or while on any private property unless the owner or person in possession of the property knows of the minor's possession of the aerosol container or marker and has consented to the minor's possession of same while on his or her property.
No person owning or occupying any property within the Borough of Penndel, Bucks County, Pennsylvania, shall permit any graffiti to accumulate or otherwise remain on any property so as to be visible to the public.
Upon discovery of any graffiti, any authorized employee of the Borough 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 that such person remove such graffiti. In the event that the graffiti is not removed within 10 days from the date of mailing of the first notice, a second notice to remove the graffiti shall be sent, and if said graffiti is not removed within five days after the second notice, then the Borough shall have the right to enter upon the property for the purpose of removing the graffiti from the property, and all such costs incurred by the Borough to do so shall be reimbursed by the owner of the property.
Any person who shall violate, fail, neglect or refuse to comply with any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not exceeding 30 days. Each day that a violation of this article continues shall be considered a separate offense.
A bill of costs of removal shall be delivered to the property owner, occupant or other responsible agent, and in the event of nonpayment, the Borough may file a lien against the property in the amount of such costs. Liability for costs of removal shall be in addition to liability for any fine which may be imposed pursuant to this article.
[Adopted 4-5-1999 by Ord. No. 99-2]
This article shall be known as the "Graffiti Instrument Ordinance of the Borough of Penndel" and shall apply to all graffiti occurring within the limits of the Borough of Penndel.
The following words or phrases, when used in this article, shall have the following meanings:
BROAD-TIPPED INDELIBLE MARKER
Any felt-tipped marker or similar implement which contains fluid that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
GRAFFITI
Every name, identification, description, crude drawing, announcement, display, illustration, insignia or symbol (including any letter, word, numeral, emblem or combination thereof), other than advertising which is otherwise provided for by Borough ordinances, which, without authorization, is marked, written, drawn, painted, scratched or affixed directly to or upon any subject or structure.
MINOR
A person who has not reached the age of 18 years.
PERSON
Includes any individual, firm, partnership, association, corporation, company or organization of any kind.
No person or firm shall sell, cause to be sold, furnish or convey to any person under the age of 18 years of age any aerosol container of spray paint or broad-tipped indelible marker.
Every retail commercial establishment which sells aerosol containers or spray paint or broad-tipped indelible markets shall:
A. 
Place a sign in clear public view at or near the display of such product substantially in the following form:
"Graffiti is a crime. Any person defacing real or personal property not his or her own, with paint or any other liquid or device, is guilty of a summary offense punishable by a fine or imprisonment. Punishment may be in the form of community service or cleanup, at the discretion of the Magisterial District Judge."
B. 
Place a sign in the direct view of such persons responsible for accepting customer payment for aerosol containers of spray paint or broad-tipped indelible markers substantially in the following form:
"It is a violation of the law to sell aerosol containers of spray paint or broad-tipped indelible markers to persons under 18 years of age. This offense is punishable by a fine or imprisonment. Punishment may be in the form of community service or cleanup, at the discretion of the Magisterial District Judge."
C. 
Store such aerosol container or marker pens either:
(1) 
In the direct line of sight from the cash register work area or any other work area that is normally continuously occupied while the store is open;
(2) 
Under continuous electronic or mechanical surveillance or control; or
(3) 
In a place not accessible to the public in the regular course of business without employee assistance.
Any person who shall, upon conviction, violate, fail, neglect or refuse to comply with any provision of this article shall be subject to a fine not exceeding $1,000 and costs or imprisonment for up to 30 days, or both. Each day that a violation of this article continues shall be considered a separate offense.