Words and phrases, when used in Part
5, except for sections or chapters to which different or additional definitions apply, shall have the meanings ascribed to them in the Crimes Code, 18 Pa.C.S.A., as amended.
AGENT
Any person, persons, agency, or organization that shall serve
as a representative and/or acts on behalf of any property owner or
occupant of a premises.
AUTHORIZED PERSON
A police officer, community service officer, or Code Enforcement
Officer of the Borough of Emmaus.
BROAD-TIPPED INDELIBLE MARKER
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.
CONSENT
Voluntary agreement by a person.
GRAFFITI
A.
Any inscription, work, symbol, figure, marking or design, including,
but not limited to, tags, throw-ups and pieces, that is marked, etched,
scrawled, stained, drawn or painted and stuck on or adhered to any
surface on public or private property without the express permission
of the owner or owner's agent of such property, including, but not
limited to, any wall, underpass, overpass, trestle, tree, sign, pole,
playground apparatus, utility box, building, structure, fixture, or
other improvements, 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 rather than the property on which the graffiti
exists.
B.
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 play.
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 brushes or etching tools, capable of scarring
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 cannot be removed from the surface in an intact condition
and with minimal effort.
MARKER
Any indelible or permanent marker or similar implement with
a point, brush, applicator or other writing surface which contains
ink that is not water-soluble.
MINOR
Any person under the age of 18 years.
NOTICE
A letter delivered to the owner of the property or placed
securely on the front door or other highly visible area of a property
which is defaced with graffiti. Said letter or sticker shall contain
a statement that the graffiti must be removed within 30 days after
the letter has been posted on the property or received by the owner
of the property.
OCCUPANT
Any person or persons who occupy, rent, or own a property
and conduct business or reside at that property for any amount of
time.
OWNER
Any and all persons with legal and/or equitable title to
real property in the Borough.
PAINT STICK or GRAFFITI STICK
Any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface
by pressure and, upon application, leaving a visible mark and that
is not water-soluble.
PERSON
Includes any individual, firm, partnership, association,
corporation, company, or organization of any kind.
PIECES
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
PROPERTY
Includes any real estate, including improvements thereon;
and tangible personal property, including, but not limited to, newsboxes,
newsstands, utility poles, public telephones, tree planters, and other
items of street furniture, and vehicles located thereon.
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.