[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township 11-10-2008 by Ord. No. 1569 as Title 7, Ch. 15, of the 1977 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Every name, identification, description, announcement, display, illustration or insignia, any symbol (including any letter, word, numeral, emblem or combination thereof), other than advertising, which is otherwise provided for by Township ordinances, which without authorization is marked, written, drawn, painted, scratched or affixed directly to or upon any object or structure.
- GRAFFITI IMPLEMENT
- An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.
- For the purpose of this chapter, a person who has not yet reached 18 years of age.
- Any and all persons with legal and/or equitable title to real property in Upper Moreland Township as their names and addresses are shown upon the official property records.
- Includes any individual, firm, partnership, association, corporation, company or organization of any kind.
- Includes any real estate, including improvements thereon, and tangible property.
Making graffiti. No person shall make graffiti of any type on any building, public or private, or any other property owned by any person or public agency without the express permission of the owner or operator of said property.
Possession of graffiti implements. No person under the age of 18 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 while on his or her property.
Sale to minors prohibited. No person or firm shall sell or cause to be sold to any person under the age of 18 years and no person under the age of 18 years shall buy any aerosol container of spray paint or broad-tipped indelible marker.
Display of spray paint and markers. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paint or broad-tipped indelible markers shall:
Place a sign in clear public view at or near the display of such products, stating:
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, stating:
No person shall sell or offer for sale, transfer or offer to transfer any spray paint or indelible marker unless such spray paint or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or unless such spray paint or indelible marker is stored, out of sight, in such a manner as to prevent free access to the merchandise by the public.
Requirement to remove graffiti. Upon written notification by the Township, the owner of property upon which graffiti has been placed shall remove the graffiti within 15 calendar days from the date of the notice. If delivery is not made to the owner, then a written notice of removal of the graffiti shall be posted upon the premises. The Township will supply the property owner with information and methods of removal upon request.
Remedy. If a property owner fails to remove graffiti within 15 days after notice of violation has been issued, the Township may proceed to remove the graffiti itself or by contract, and the property owner may be responsible for the costs of removal, including all related administrative costs. Notice of this fact shall be provided to the property owner at the same time and in the same manner as the notice of violation is issued. A bill for such costs of removal may be delivered to the property owner, proprietor or other responsible agent, and the Township may file a lien against the property in the amount of such costs. Liability for costs of removal under this section may be in addition to liability for any fine imposed.
Exigent circumstances. In the interest of public safety, the Township reserves the right to remove any graffiti on private property without the owner's permission when such graffiti may constitute the crimes of institutional vandalism or ethnic intimidation.
[Amended 11-13-2018 by Ord. No. 1689]
Any person who fails to comply with the provisions of this chapter shall be issued a Township notice of violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No. 1698]
Upon summary conviction before a Magisterial District Judge, the offender shall be sentenced to pay a fine of no less than $100 nor more than $300 plus costs of prosecution, the Township's actual attorneys' fees, and the cost of the repair and removal of graffiti that he or she has been found to be responsible for. The fine or penalty imposed by this section shall be in addition to any other penalty imposed by this chapter or allowed by law. Such courts may also, at their discretion, require community service to offset the costs of removal or cleanup.