[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:
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.
Voluntary agreement by a person.
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.
A person who has not reached the age of 18 years.
Any and all persons with legal and/or equitable title to
real property in the Borough.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
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:
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.
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.
A person who has not reached the age of 18 years.
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:
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"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."
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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:
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"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."
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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.
