[HISTORY: Adopted by the Board of Commissioners of the Township
of Haverford 6-10-2013 by Ord. No. 2695.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 128.
[1]
This ordinance also repealed former Ch. 97, Graffiti, adopted
4-23-1986 by Ord. No. 1954.
The use of broad-tipped pens, paint spray cans, pencils, pens,
crayons or other marking devices to write graffiti, verbal or otherwise,
on the walls or other available spaces on public or private buildings,
vehicles, areas or facilities causes serious defacement of such buildings,
vehicles and areas, public and private, and contributes to the deterioration
of property values, as well as offending the public's right,
public and private, not to have unsightly and unlawful graffiti on,
with defacement of, public and private property, and it constitutes
a deleterious practice contrary to the public health and welfare.
In addition, such contempt for the property rights of private citizens
as well as public facilities contributes to the erosion of law and
order and contributes to the deterioration in the quality of life
of the community and must be opposed and punished.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, such as garages,
fences, retaining walls, facades or any other structure, located within
the Township of Haverford.
Any mark, figure, drawing, inscription or other notation,
drawn, written, etched, painted or otherwise placed on any surface,
building or property, inclusive of the use of stickers or paste-on
stamps containing the marks defined herein, without the permission
of the owner or occupant thereof.
Any aerosol spray paint matter or broad-tipped marker with
a marking surface of 1/4 inch or more in any direction or any other
substance or item used to make graffiti and/or related vandalism.
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
Includes any human being, corporation, partnership, authority,
company, municipality, unincorporated association, or any other entity
able to sue or be sued.
Includes any real property and appurtenances and personal
property, including all trailers, vehicles or other similar personal
property, wherever it may be.
No person shall make graffiti on any public or private building
or other structure or any other real or personal property owned by
others.
A.
No person shall carry an aerosol spray paint can, broad-tipped indelible
marker or any other graffiti implement under circumstances which evidence
the intent to violate the provisions of this chapter.
B.
It is unlawful for a person to use any object, bicycle or vehicle
to assist a person to commit a violation of this chapter.
No person shall write, print, spray or place with ink, paint,
chalk or any other substance or substances or otherwise mark, scratch,
carve or etch graffiti on the real or personal property of another,
whether said real or personal property is publicly or privately owned,
unless the owner of said property shall have, prior to such writing,
painting or placing of graffiti, specifically consented to the same.
A.
No person shall sell, offer to sell or give aerosol spray paint,
broad-tipped markers or any other graffiti implements to any person
under the age of 18 years of age unless accompanied by an adult parent
or guardian.
B.
No person offering aerosol spray paint and/or broad-tipped markers
or other graffiti implements for sale shall display said materials
except in a secure, enclosed, inaccessible display which will require
the seller's assistance for the handling, purchase and/or sale
of said items.
A.
The owner, tenant and/or person in control of any building or personal
property shall be required to remove any graffiti applied to such
property not more than 15 days after such graffiti occurs. Failure
to remove graffiti shall be a violation of this chapter.
B.
Failure or refusal to remove graffiti.
(1)
In the event that the owner, tenant and/or person in control of such
a building, property or personal property shall fail or refuse to
remove graffiti from his property, then said person or persons may
be notified by certified mail, mailed to the property address, by
the Director of the Township of Haverford Department of Codes Enforcement,
or his or her designated agent, that such person shall have a period
of up to 15 days from receipt of such notice to complete removal or
coverage of such graffiti.
(2)
If such owner, tenant and/or person in control of such a building,
property or personal property fails to comply with the terms of such
notice within the time set forth therein, then the Township of Haverford
may cause the elimination or coverage of such graffiti on such property.
All costs of the work shall be billed to the owner of the property
and, if unpaid after 90 days, shall be forwarded to the Township of
Haverford Solicitor for the collection of the unpaid costs with interest
from the time of completion of the work needed to eliminate or cover
the graffiti. Such collection action may be by a lien against the
property, filed and collected in the same manner as a municipal claim.
The parent or legal guardian, other than the state or a local
social services department, or a foster parent having custody of a
person over 10 and less than 18 years of age shall, if such person
willfully, maliciously or unlawfully makes graffiti or damages or
destroys real or personal property, which personal property is owned
or maintained by another, in addition to any other civil remedy a
person who has suffered damage may have, be held liable for such damage
or destruction.
Except as otherwise specified in § 97-7B above, it shall be the duty of any police officer of the Township of Haverford to enforce the provisions of this chapter against any person found to be violating the same.
Any person, firm or corporation violating any provision of this
chapter shall, upon summary conviction before any District Justice,
pay a fine not exceeding $1,000 and costs of prosecution; and in default
of one payment of the fine and costs, the violator may be sentenced
to the county jail for a term of not more than 90 days. Each and every
day in which any person, firm or corporation shall be in violation
of this chapter shall constitute a separate offense.
