[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 9-17-1997 by Ord.
No. 2867. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any aerosol container, regardless of the material from which
it is made, which is adopted or made for the purpose of spraying paint
capable of defacing property.
An inscription, drawing or design, scratched, painted, sprayed
or placed on a surface without the consent of the owner of the property.
Any indelible marker or similar implement with a writing
tip exceeding four millimeters in width that contains a solution that
cannot be removed with water after it dries.
It shall be unlawful to spray or create graffiti on any building
or structure, and any person doing the same shall be liable for the
cost of removal.
A.
It shall be unlawful for any person who owns, conducts, operates,
or manages a retail commercial establishment where aerosol paint containers
or marker pens are sold to display or cause to be stored or displayed
such spray paint containers and marker pens in an area that is accessible
to the public without employee assistance in the regular course of
business pending legal sale or other disposition.
B.
Nothing herein shall preclude the storage or display of spray paint
containers and marker pens in an area viewable by the public so long
as such items are not accessible to the public without employee assistance.
A.
No person shall sell or offer for sale to any minor under the age
of 18 years any paint in aerosol paint containers or marker pens.
B.
It shall be the duty of any person who sells or offers for sale any aerosol paint container described in Subsection A above to require from any person desiring to purchase such container, and appearing to be younger than 18 years of age, identification and proof of such person's age before selling or delivering a container to such person.
Any person under the age of 18 whose employment or school assignment
requires the purchase of paint in an aerosol paint container or marker
pens may file a request for a permit with the Director of the Department
of Public Health to purchase the aerosol paint. Such request shall
be in writing, specifying the reason why an exception is requested,
the name, address and age of the applicant and proposed place of purchase.
The Director of the Department of Public Health or his designee shall
investigate the matter and within five working days shall grant or
deny the application, and such decision shall be appealable to the
Board of Health. If the permit is granted, the Director of the Department
of Public Health shall give the store involved written notice of the
permit, which shall be kept and displayed to any police or other enforcement
officer on request.
Absent express permission to the contrary by the owner or other
person having control thereof, it shall be unlawful for any person
to possess an aerosol paint container and/or marker pen in any public
building or upon any public facility or upon private property with
the intent to use the same to deface said building, facility or property.
Any person who possesses an aerosol paint container and/or a marker
pen in any public building or upon any public facility or private
property with no legitimate or lawful purpose therefor shall be presumed
to have possession of the same with the intention of using such aerosol
paint container and/or marker pen to deface said building, facility
or property; however, such a presumption shall be considered to be
rebuttable.
Any person owning or occupying any building or structure which
has been defaced with graffiti shall, within 10 days after written
notice to remove by the Department of Public Health, cause such graffiti
to be removed or covered over. In the event that the time provided
shall be insufficient, the affected person may apply in writing for
an extension of time to remove the graffiti, and the time to remove
the graffiti shall, in any event, be extended until the Director of
the Department of Public Health makes a decision on the extension
request. In no event shall the extension be for an additional period
of more than 20 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this chapter. Each subsection of this chapter
that is violated shall constitute a separate violation of this chapter.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid by a court of competent
jurisdiction, such decision shall not affect the remaining portions
of this chapter, which shall remain in full force and effect, and
to this end the provisions of this chapter are hereby declared to
be severable.
