[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.