[HISTORY: Adopted by the Borough Council of the Borough of
Steelton 2-20-2007 by Ord. No.
2007-2, approved 2-20-2007. Amendments noted where applicable.]
It is the intent and purpose of this chapter to address the
problem of graffiti in the Borough of Steelton. Graffiti is the ultimate
symbol of urban decay and blight on the community. The community is
affected by reduced property values and an environment that encourages
further acts of vandalism and crime. Graffiti also is responsible
for the loss of neighborhood pride and loss of business to commercial
enterprises.
The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
Every name, identification, description, announcement, display,
illustration or insignia, any symbol (including any letter, word,
numeral, emblem, or combination thereof), other than advertising which
is otherwise provided for by Borough ordinances, which is marked,
written, drawn, painted, scratched or affixed directly to or upon
any object or structure or otherwise placing of a mark upon private
or public property with intent to damage or change the appearance
of such property.
Any and all persons with legal and/or equitable title to
real property in the Borough of Steelton as their names and addresses
are shown upon the official property records.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
Includes any real estate, including improvements thereon,
and tangible property.
The Borough Council of the Borough of Steelton recognizes that
the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 3304, Criminal
mischief, provides, inter alia, for the offense of criminal mischief
to include intentionally defacing or otherwise damaging tangible public
property or tangible property of another with graffiti by use of any
aerosol spray paint can, broad-tipped indelible marker or similar
marking device, as well as intentionally damaging real or personal
property of another. The penalty under the Crimes Code for such acts
of criminal mischief is graded either as a felony, a misdemeanor of
the second degree, a misdemeanor of the third degree, or a summary
offense depending on the monetary loss caused by the actions. Any
persons guilty of criminal mischief in regard to the placement of
graffiti on tangible public or private property in the Borough of
Steelton will be prosecuted pursuant to the provisions of the Crimes
Code.
A.
Requirement to remove graffiti. Upon written notification by the
Borough, the owner of the property upon which graffiti has been placed
shall remove the graffiti within 15 calendar days from the date of
the notice. If delivery is not made to the owner, then a written notice
of removal of the graffiti shall be posted upon the premises. The
Borough will supply the property owner with information and methods
of removal upon request.
B.
Remedy. If a property owner fails to remove graffiti within 15 days
after notice of violation has been issued, the Borough may proceed
to remove the graffiti itself by Borough personnel or by contracting
its removal by a third party, and the property owner shall be responsible
for the costs of removal, including all related administrative costs.
Notice of this fact shall be provided to the property owner at the
same time and in the same manner as the notice of violation was issued.
A bill for such costs of removal may be delivered to the property
owner, proprietor or other responsible agent, and the Borough may
file a municipal claim against the property in the amount of such
costs, reducing said claim to judgment, and executing upon such judgment,
or may institute a suit to recover such expenses and costs to be charged
against the person or legal entity violating the code as a personal
judgment. Liability for costs of removal under this section may be
in addition to liability for any fine imposed.
C.
Exigent circumstances. In the interest of public safety, the Borough
reserves the right to remove any graffiti on private property without
the owner's permission when such graffiti may constitute the crimes
of institutional vandalism or ethnic intimidation.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction before any District Justice,[1] be fined $100 for the first offense, $200 for the second
offense, $300 for the third offense, and $600 for any offense beyond
the third offense and, furthermore, the person shall pay the cost
associated with the prosecution thereof and the cost of the repair
and removal of graffiti for which they have been found to be responsible.
Each day a violation shall continue after notification shall constitute
a separate offense. The fine or penalty imposed by this section shall
be in addition to any other penalty imposed by this chapter or allowed
by law. Such courts may also, at their discretion, require community
service to offset the costs of removal or cleanup.
[1]
Editor's Note: Now Magisterial District Judge.
