[Ord. 1121, 3/16/2015]
This Part 5 shall be known as the "Graffiti Ordinance of the
Borough of Emmaus" and shall apply to all graffiti occurring within
the jurisdictional limits of the Borough of Emmaus.
[Ord. 1121, 3/16/2015]
1.
The following words, terms or phrases, when used in Part 5 of this chapter, shall have the meanings ascribed to them in this section.
2.
AGENT
AUTHORIZED PERSON
BOROUGH
BROAD-TIPPED INDELIBLE MARKER
CONSENT
GRAFFITI
A.
B.
GRAFFITI IMPLEMENT
GUM LABELS
MARKER
MINOR
NOTICE
OCCUPANT
OWNER
PAINT STICK or GRAFFITI STICK
PERSON
PIECES
PROPERTY
TAGS
THROW-UPS
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.
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.
A police officer, community service officer, or Code Enforcement
Officer of the Borough of Emmaus.
The Borough of Emmaus.
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 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.
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.
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.
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.
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.
Any person under the age of 18 years.
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.
Any person or persons who occupy, rent, or own a property
and conduct business or reside at that property for any amount of
time.
Any and all persons with legal and/or equitable title to
real property in the Borough.
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.
Includes any individual, firm, partnership, association,
corporation, company, or organization of any kind.
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
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.
A form of graffiti represented by stylized signatures of
a writer's chosen name.
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. 1121, 3/16/2015]
1.
No person owning or occupying any property within the Borough of
Emmaus, Lehigh County, Pennsylvania, shall permit any graffiti to
accumulate or otherwise remain on any property so as to be visible
to the public.
2.
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
Part, directing and requiring such person to remove such graffiti.
In the event that graffiti is not removed within 30 days from the
date of the mailing of this first notice, a second notice shall be
issued. The second notice shall again require and direct the responsible
party to remove such graffiti. The second notice shall also request
consent to allow the Borough to enter upon the property for purposes
of graffiti removal at the owner's expense, if the owner fails to
remove the graffiti. Failure to remove graffiti within 30 days of
mailing of the second notice shall constitute a violation of this
Part.
3.
It shall be unlawful for any person to commit any overt act resulting
in or attempting to result in application of graffiti.
4.
It shall be unlawful for any person to intentionally, maliciously,
or wantonly expose or tend to expose another to risk of violence,
contempt or hatred on the basis of race, color, creed, religion, or
sexual orientation by the use of what is commonly known as "graffiti."
5.
It shall be unlawful for any parent, legal guardian, or other person
having custody and care of any minor child under the age of 18 years
to knowingly assist, aid, abet, allow, permit, or encourage said minor
to violate the provisions of this Part, as herein defined, either
by words, overt act, or by failing to act.
6.
All persons directly or indirectly involved in acts of graffiti vandalism
may be found to be equally responsible and guilty of the act, in addition
to any individual who may personally deface the object or area, such
as others in the group who knowingly make available the tools, writing
materials, ladders, lookouts, materials or assistance, or who knowingly
supply funds to acquire such materials for such purposes.
7.
No minor shall have in his or her possession any aerosol container
of spray paint 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 and has consented to the minor's possession
while on his or her property.
8.
No person, partnership, or corporation in the Borough of Emmaus shall
sell, cause to be sold, furnish, or convey to any person under the
age of 18 any aerosol container of spray paint.
9.
Every person, partnership, or corporation who owns, conducts, operates,
or manages a retail commercial establishment within the Borough of
Emmaus selling aerosol containers of spray paints shall 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 substantially in the following form:
"IT IS A VIOLATION OF THE LAW TO SELL AEROSOL CONTAINERS OF
SPRAY PAINT TO PERSONS UNDER 18 YEARS OF AGE. THIS OFFENSE IS PUNISHABLE
BY A FINE OR IMPRISONMENT. PUNISHMENT MAY BE IN THE FORM OF COMMUNITY
SERVICE OR CLEANUP AT THE DISCRETION OF THE MAGISTERIAL DISTRICT JUDGE."
10.
Every person, partnership or corporation within the Borough of Emmaus
who owns, conducts, operates or manages a retail commercial establishment
within the Borough selling aerosol containers of spray paints shall
store or cause such aerosol containers to be stored either:
A.
In the direct line of sight from the cash register work area or any
work area that is normally continuously occupied while the store is
open;
B.
Under continuous electronic or mechanical surveillance or control;
or
C.
In a place not accessible to the public in the regular course of
business without employee assistance, pending legal sale of such paint
containers.
[Ord. 1121, 3/16/2015]
1.
Any person who shall violate, fail, neglect, or refuse to comply with § 6-503, Subsection 1 or 2, or § 6-504 of this Part shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and the costs of prosecution and, in default of payment thereof, shall undergo imprisonment in the Lehigh County jail for a period not exceeding 30 days.
2.
Any person who shall violate § 6-503, Subsections 3 through 10, of this Part shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and the costs of prosecution and, in default of payment thereof, shall undergo imprisonment in the Lehigh County jail for a period not exceeding 30 days.
3.
If the owner, 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 graffiti, itself or by contract.
4.
Except where the legal fees, administrative and filing costs exceed
the cost of removal, a bill for costs of removal shall be delivered
to the property owner, 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.
