[HISTORY: Adopted by the Council of the Borough of Lansdale 2-28-2007 by Ord. No.
1751 (Ch. 85 of the 1972 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 304.
This chapter shall be known as the "Graffiti Ordinance of the
Borough of Lansdale" and shall apply to all graffiti occurring within
the limits of this jurisdiction.
The following words, terms or phrases, when used in this chapter,
shall have the meaning ascribed to them in this section.
A Lansdale Borough Police Officer or a Code Enforcement Officer
of the Borough of Lansdale.
Any felt-tipped marker or similar implement which contains
fluid which is not water soluble and which has a flat or angled writing
surface 1/2 inch or greater.
Voluntary agreement by a person.
Any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn,
painted, or engraved on or otherwise affixed to any surface of public
or private property by any graffiti implement, to the extent that
the graffiti was not authorized in advance by the owner or occupant
of the property, or, despite advance authorization, is otherwise deemed
a public nuisance by the Borough Council. Graffiti includes 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.[1]
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.
A person who has not reached the age of 18 years of age.
Any and all persons with legal and/or equitable title to
real property in Lansdale Borough.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any real estate, including improvements thereon, and tangible
property, including but not limited to news boxes, newsstands, utility
poles, public telephone, tree planters and other items of street furniture.
It shall be unlawful for any person to apply graffiti to any
natural or man-made surface on any public property or, without the
permission of the owner or controlling occupant, on any private 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 while on his or her property.
No person owning or occupying any property within the Borough
of Lansdale, Montgomery 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 graffiti, any authorized person 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 chapter, directing and requiring such person to remove such
graffiti. In the event that graffiti is not removed within 30 days
from the date of mailing of this first notice, a second notice to
remove and request for consent to allow the Borough to enter upon
the property for the purpose of graffiti removal at the owner's expense
shall be issued.
A.
Graffiting/defacement. Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough lockup for a period not exceeding 10 days or to the county
jail for a period not exceeding 30 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.[1]
(1)
In the case of a minor, the parents or legal guardian shall be jointly
and severally liable with the minor for payment of all fines.
(2)
Failure of the parents or legal guardian to make payment will result
in the filing of a lien on the parents' or legal guardian's property
that includes the fine and administrative costs.
(3)
Upon an application and finding of indigence, the court may decline
to order fines against the minor, parents or guardian.
B.
Restitution. In addition to any punishment specified in this section,
any violator shall be liable to make restitution to the victim for
damages or losses caused directly or indirectly by the violator's
offense. The form and method of payment of said restitution shall
be in a manner determined by the court. In the case of a minor, the
parents or legal guardian shall be held jointly and severally liable
with the minor as to the payment of restitution.
C.
Graffiti cleanup. Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough lockup for a period not exceeding 10 days or to the county
jail for a period not exceeding 30 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.[2]
(1)
If the owners, occupant or other responsible agent of the property
fails to remove graffiti or give consent for removal within 30 days
after the second notice of violation has been issued, the Borough
may proceed to remove the graffiti itself or by contract.
(2)
A bill for costs of removal shall be delivered to the property owners,
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 imposed and in addition to any applicable enforcement
costs incurred by the Borough.
Whenever the requirements of this chapter are in conflict with
other requirements of the ordinances of the Borough of Lansdale, the
most restrictive or those imposing the higher standards shall govern.
