[Ord. 979, 8/8/2001,
§ 8812; as amended by Ord. 995, 12/10/2003]
1. Definitions. For the purpose of this Part certain terms and words
used herein shall be interpreted or defined as follows:
GRAFFITI
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 or public
or private property by any graffiti implement, to the extent 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 Borough Council.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or other device
capable of scarring or leaving a visible mark on any natural or man-made
surface.
2. Graffiti Prohibited. No person, persons, firm or corporation shall
apply graffiti to any natural or man-made surface on any public or
private property, without the permission of the owner or occupant.
3. Graffiti as Nuisance.
A. The existence of graffiti on public or private property in violation
of this Part is expressly declared to be a public nuisance and, therefore
is subject to the removal and abatement provisions specified in this
Part.
B. It is the duty of both the owner of the property to which the graffiti
has been applied and any person who may be in possession or who has
the right to possess such property to at all times keep the property
clear of graffiti.
4. Removal and Abatement of Graffiti. It is unlawful for any person
who is the owner or who has primary responsibility for control of
property or for repair or maintenance of property in the Borough to
permit property that is defaced with graffiti to remain defaced for
a period of 10 days after service of notice of defacement. Such notice
shall be served on the property owner by the Borough Code Official/Building
Inspector via first class mail or hand delivery. The notice shall
contain the following information:
A. The street address and legal description of the affected property
sufficient for identification of the property.
B. A statement that the property is a potential graffiti nuisance property
with a concise description of the conditions leading to this finding.
C. A statement that the graffiti must be removed within 10 days after
receipt of the notice and that if the graffiti is not abated within
that time the Borough will declare the property to be a public nuisance,
subject to the abatement procedures set forth in this Part.
[Ord. 979, 8/8/2001,
§ 8813; as amended by Ord. 995, 12/10/2003]
1. Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $600 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
2. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3. The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
4. In addition to any penalties or fines which may be imposed above,
the Borough may give notice to the owner or occupant to abate or eliminate
the nuisance, objectionable act or violation of this chapter, or correct
same, and collect the cost of same, together with 10% of said cost.
The Borough may file a municipal claim against the premises to recover
said cost plus 10% or bring an action in assumpsit.