The Board of Supervisors find that graffiti is a public nuisance. Graffiti is offensive, contributes to neighborhood deterioration, lends to the depreciation of property defaced by graffiti and the surrounding property and tends to remain on property unless promptly removed. The Board of Supervisors must take all reasonable measures to prevent and eradicate graffiti in order to minimize its detrimental impact upon the health, safety and welfare of the public.
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring 9-8-2008 by Ord. No. 360 (Ch. XIV, Part 3, of the 2013 Code of Ordinances). Amendments noted where applicable.]
The following words, terms and phrases, when used within this chapter shall have the following meanings:
Any inscription, work, symbol, figure, mark or design that is etched, scrawled, stained, drawn, painted on or adhered to any property's surface without the express consent of the property owner or the property owner's agent, including, but not limited to any wall, underpass, overpass, trestle, tree, sign, pole, post, building, fixture or other improvement whether permanent or temporary, regardless of content or nature of the material that has been applied, and which is visible from any public property or public right-of-way, or from any private property other than the property on which the graffiti exists. Graffiti shall not include temporary, water soluble markings, symbols and inscriptions.
Any implement capable of marking a surface, including, but not limited to aerosol or pressurized paint containers, markers, gum labels, paint brushes and tools capable of etching or scaring. Graffiti implement shall not include implements which make temporary marks that are water soluble, such as chalk.
Any material such as, but not limited to, decals, stickers, posters or labels which are backed with a glue or adhesive material which after being affixed to property cannot be removed from the property in an intact condition with minimal effort.
Any person under the age of 18.
Any Person convicted, adjudicated or otherwise determined to be liable under this chapter.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
All public and private property.
Township of Spring.
No person shall place or cause to be placed on any property in the Township or on any property which is visible to anyone within the Township.
It shall be illegal for a minor to possess graffiti implement(s) on any property unless the property owner has consented to the minor's possession of the graffiti implement on such property.
No person owning property within the Township shall allow graffiti visible to the public to remain on such person's property.
Upon discovering graffiti on private property, any person authorized by the Township Board of Supervisors shall issue written notice to the property owner, agent or occupant to promptly remove the graffiti. If graffiti is not removed by the person, agent or occupant within 10 days of the mailing of the first notice to remove, a second notice to remove the graffiti shall be issued, authorizing the Township or agent of the Township to enter the property and remove the graffiti at the property owner's expense. The failure to remove the graffiti within 10 days of the second notice shall constitute a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Fine. Any person who shall violate, fail, neglect or refuse to comply with any provision of this chapter shall, upon conviction or adjudication by summary delinquency proceeding, be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution and the cost of the removal of the graffiti and repair of the property. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day a violation of this chapter continues, shall count as a separate offense;
B.
Penalties. Except where the legal fees, administrative and filing costs exceed the cost of removal, a bill for the cost of removal shall be delivered to the property owner, occupier or authorized agent of the property owner or perpetrator and in the event of non-payment, the Township may file a lien against the property or sue the perpetrator for such costs. Liability for the cost of removal shall be in addition to liability for any fine imposed; or
C.
Mitigation. In lieu of or in mitigation of such fines and penalties; upon agreement with or among the perpetrator, as well as, if appropriate, the District Attorney or representative of the Township, the property owner or other identifiable victims, the perpetrator may participate in the Berks County Graffiti Abatement Program.
Whenever the requirements of this chapter are in conflict with other chapters, the most restrictive, or those imposing a higher standard shall be imposed.
The provisions of this chapter are severable. If any section, clause sentence, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this chapter. It is hereby declared to the intent of the Township that this chapter would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence, part or provision has not been included herein.