[Ord. 1120, 11/10/1997, § 807]
This Part shall be known as the "Graffiti Ordinance of the Borough
of Bristol" and shall apply to all graffiti occurring within the limits
of this jurisdiction.
[Ord. 1120, 11/10/1997, § 808; as amended by Ord.
1271, 4/12/2010]
The following words, terms or phrases, when used in this Part
shall have the meaning ascribed to them in this section.
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.
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.
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 Borough.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
Includes any real estate, including improvements thereon,
and tangible personal property including, but not limited to, news-boxes,
newsstands, utility poles, public telephones, tree planters, other
items of street furniture, motor vehicles, trucks, rail cars, and
other movable items of personal property.
[Ord. 1120, 11/10/1997, § 809]
No person shall make graffiti of any type, on any building,
structure or tangible personal property.
[Ord. 1120, 11/10/1997, § 810]
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.
[Ord. 1120, 11/10/1997, § 811]
No person owning or occupying any property within the Borough
of Bristol, Bucks County, Pennsylvania shall permit any graffiti to
accumulate or otherwise remain on any property so as to be visible
to the public.
[Ord. 1120, 11/10/1997, § 812]
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 10 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.
[Ord. 1120, 11/10/1997, § 813; as amended by Ord.
1295, 9/9/2013]
1.
Any person who shall violate, fail, neglect or refuse to comply with
any provision of this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
2.
If the owner, occupant or other responsible agent of the property
fails to remove graffiti or give consent for removal within 10 days
after the second notice of violation has been issued, the Borough
may proceed to remove the graffiti, itself or by contract.
3.
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.
[Ord. 1119, 11/10/1997, § 801]
The following words, terms or phrases, when used in this Part,
shall have the meaning ascribed to them in this section:
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.
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 of structure.
A person who has not reached the age of 18 years of age.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
[Ord. 1119, 11/10/1997, § 802]
No person or firm shall sell, cause to be sold, furnish or convey
to any person under the age of 18 years of age any aerosol container
of spray paint or broad tipped indelible marker.
[Ord. 1119, 11/10/1997, § 803; as amended by Ord.
1295, 9/9/2013]
1.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol containers of spray paint or broad tipped
indelible markers shall:
A.
Place a sign in clear public view at or near the display of such
product substantially in the following form:
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"GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY
NOT HIS OR HER OWN, WITH PAINT OR ANY OTHER LIQUID OR DEVICE, IS GUILTY
OF A SUMMARY OFFENSE PUNISHABLE BY A FINE OR IMPRISONMENT. PUNISHMENT
MAY BE IN THE FORM OF COMMUNITY SERVICE OR CLEAN-UP AT THE DISCRETION
OF THE MAGISTERIAL DISTRICT JUDGE.
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B.
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:
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"IT IS A VIOLATION OF THE LAW TO SELL AEROSOL CONTAINERS OF
SPRAY PAINT OR BROAD TIPPED INDELIBLE MARKERS 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 CLEAN-UP AT
THE DISCRETION OF THE MAGISTERIAL DISTRICT JUDGE."
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C.
Store or cause such aerosol containers or marker pens to be stored
either:
(1)
In the direct line of sight from the cash register work area
or any other work area that is normally continuously occupied while
the store is open.
(2)
Under continuous electronic or mechanical surveillance or control.
(3)
In a place not accessible to the public in the regular course
of business without employee assistance, pending legal sale of such
markers or paint containers.
[Ord. 1119, 11/10/1997, § 804; as amended by Ord.
1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
