[Ord. 754-08, 3/24/2008]
The Borough Council finds and determines as follows: that graffiti
visible from streets, sidewalks, other public property or the public
right-of-way, or from any private property other than the property
on which the graffiti exists, is a visual blight and aesthetically
unacceptable; that graffiti contributes to the deterioration of property
values, unsightliness and general disorder in the Borough; that graffiti
is inconsistent with the property maintenance goals and aesthetic
standards of the Borough; that graffiti must be removed as soon as
possible to avoid a detrimental impact on the public health, safety,
and welfare of the residents and citizens of the Borough; that persons
causing graffiti should be penalized; and that owners and/or persons
in charge of property have some responsibility to remove graffiti
therefrom.
[Ord. 754-08, 3/24/2008]
As used in this Part, the following terms shall have the meanings
indicated:
BOROUGH
The Borough of Hamburg, Berks County, Pennsylvania.
GRAFFITI
Any inscription, word, symbol, figure, painting, marking,
design or other defacement, including but not limited to tags, throw-ups
and pieces, that is written, marked, etched, scrawled, scratched,
sprayed, stained, drawn, painted or engraved, stuck on or otherwise
affixed or adhered to any surface on public or private property without
the express advance permission of the owner or owner's agent of such
property, or despite express advance authorization, is otherwise deemed
a public nuisance by the Borough Council, including but not limited
to any wall, underpass, overpass, trestle, tree, sign, pole, playground
apparatus, utility box, building, structure, fixture or other improvement,
whether permanent or temporary, regardless of the content or nature
of the material that has been applied, and which is visible from any
public property or the public right-of-way, or from any private property
other than the property on which the graffiti exists. Graffiti shall
not be construed to apply to easily removable chalk markings on the
public sidewalks and streets used in connection with traditional children's
games.
GRAFFITI ABATEMENT COSTS AND EXPENSES
The costs and expenses of having the defaced property repaired
or replaced when the Borough determines that removal of the graffiti
would not be cost-effective; and the law enforcement costs and expenses
incurred in identifying and apprehending a responsible party; and
the related administrative, overhead and incidental costs incurred
in performing or causing the performance of the enforcement, abatement
or collection procedures described in this Part, and related court
costs and attorneys' fees.
GRAFFITI IMPLEMENT
Any implement capable of marking a surface to create graffiti,
including but not limited to aerosol or pressurized paint containers,
markers, gum labels, paint sticks, paint brushes, graffiti sticks,
etching tools or equipment, brushes or any other device capable of
scarring or leaving a visible mark on any natural or manmade surface,
including but not limited to glass, metal, concrete or wood.
GUM LABELS
Any material such as but not limited to decals, stickers,
posters or labels which contain a substance commonly known as adhesive
or glue, which are unable to be removed from the surface in an intact
condition and with minimal efforts.
MARKER
Any indelible or permanent marker or similar implement with
a point, brush, applicator or other writing surface which at its broadest
width is 3/8 inch or greater and contains ink that is not water-soluble.
MINOR
Any person under the age of 18 years.
ORDINANCE ENFORCEMENT OFFICER
The Ordinance Enforcement Officer of the Borough or his or
her designee or another employee of the Borough designated by the
Borough Manager.
PAINT STICK/GRAFFITI STICK
Any device containing a solid form of paint, chalk, wax,
epoxy or other similar substances capable of being applied to a surface
by pressure and, upon application, leaving a visible mark and that
is not water-soluble.
PERSON
Any individual, unincorporated association, partnership,
trust, joint venture, fiduciary, corporation, limited liability company,
and every other form of legal entity.
PIECES
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person
and/or business entity, and includes front, side and rear yards, vacant
lots, buildings and other structural improvements, walkways and alleyways
and parking areas designed or used either wholly or in part for private
residential, industrial or commercial purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, including any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or structure.
PUBLIC OFFICER
Any police officer or any public official authorized to enforce
ordinances.
TAGS
A form of graffiti represented by stylized signatures of
a writer's chosen name.
THROW-UPS
A form of graffiti represented by large names or figures
written in a bubble style, often with an outline written in a different
color than the interior of the letters.
[Ord. 754-08, 3/24/2008]
At a hearing requested by the property owner or public entity
before the Ordinance Enforcement Officer, the owner or public entity
shall be entitled to present evidence and argue that his, her or its
property does not contain graffiti. The determination of the Ordinance
Enforcement Officer after the hearing shall be final and not appealable.
After the hearing, if the Ordinance Enforcement Officer determined
that the property contains graffiti, the Ordinance Enforcement Officer
may order that the graffiti be removed and/or abated.
[Ord. 754-08, 3/24/2008; as amended by Ord. No. 855-2020, 10/26/2020]
The Mayor, or his or her designee, may grant rewards up to the
sum of $500 for information leading to the arrest and/or conviction
of any individual for violating the provisions of this Part.