[Ord. 11-1987, eff. 8-3-1987; Am. Ord. 10-1994, eff. 7-8-1994]
(a) 
No person shall destroy, damage or deface in any way, public or private real property, whether occupied, vacant and/or abandoned, including any:
(1) 
Public or private buildings, fences or trees;
(2) 
Public street lights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators;
(3) 
Telephone or telegraph wires or electric wires of any kind, or the poles sustaining or attaching them;
(4) 
Statues, monuments or plaques;
(5) 
Official notices or signs posted by the Commonwealth, the Board of Public Education, the county, the City or any public agency.
(6) 
City park or playground, bocce court, playground equipment, City recreation building, decorative or drinking water fountain, benches or bleachers.
(b) 
In the event the prohibited conduct is a violation of Pennsylvania Statutes (18 P.S. Sec. 3304 Criminal Mischief, 18 P.S. Sec. 3307 Institutional Vandalism or 18 P.S. Sec. 5509 Desecration of Venerated Objects), the Pennsylvania Statute shall supersede this Chapter.
(c) 
Any person violating any provision of this section shall, upon conviction, be fined not more than one thousand dollars ($1,000.00) plus costs. In default of payment of such fines and costs, the person shall be imprisoned for not more than thirty (30) days.
(d) 
In lieu of making a disposition, a Magistrate may admit any person charged with violating the provisions of this section to an adjudication alternative approved by the Court of Common Pleas of Allegheny County and the Allegheny County District Attorney's Office. The adjudication alternative shall be a program of community service up to one hundred (100) hours supervised by the Department of City Planning. In addition, the conditions of the adjudication alternative may include the imposition of costs and restitution, the imposition of a reasonable charge relating to the expense of administering the program and other conditions agreed to by the offender. If the person refuses to accept the conditions imposed or fails to complete the program without good cause, the Magistrate shall proceed on the charges as provided by law.
(e) 
In any proceeding where a person under the age of eighteen (18) years is found to violate any provision of this section, the Magistrate shall ascertain the amount sufficient to fully reimburse any party or parties who has or have suffered damages because of the act of the child, and direct the parents of such child to pay restitution to the victim or victims in an amount not to exceed the maximum amount permissible under existing state law.
[Ord. 11-1987, eff. 8-3-1987; Ord. 11-2003, § 1, eff. 4-8-2003; Ord. No. 7-2008, § 1, eff. 6-13-2008]
(a) 
Definitions.
(1) 
INDELIBLE MARKER
Any felt tip marker, china marker or similar device that is not water-soluble.
(2) 
ETCHING ACID
Any liquid, cream, paste or similar substance, including but not limited to hydrofluoric acid, that can be used to etch, carve, engrave, or otherwise impair the physical integrity of glass or metal.
(3) 
ETCHING TOOL
Any tool capable of defacing property.
(4) 
PERSON
Any individual or retail establishment.
(5) 
MINOR
Any person under the age of eighteen (18) years.
(b) 
Prohibited Conduct.
(1) 
No person shall knowingly sell, offer for sale, furnish, provide or otherwise transfer any spray paint container, indelible marker, or etching acid to any person for the purpose of having such spray paint container, indelible marker, or etching acid to be used in violation of Section 616.01.
(Section 616.01: No person shall destroy, damage or deface in any way, public or private real property.)
(2) 
No person shall knowingly sell, offer for sale, furnish, provide or otherwise transfer any spray paint container, indelible marker, etching acid or etching tools capable of defacing property to any minor, unless said minor is accompanied by parent or legal guardian at time of purchase or transfer.
(3) 
No minor shall purchase any spray paint container, indelible marker, or etching acid, without the accompaniment of parent or legal guardian.
(c) 
Possession Restricted. It is unlawful for any minor to have in his possession any aerosol spray paint container, indelible marker, or etching materials and/or substances while on any public highway, street, alley or way, park, playground, swimming pool, or other public place, whether such person is or is not in any automobile, vehicle or other conveyance, unless under direct supervision of parent or legal guardian.
(d) 
Accessibility to Graffiti Implements.
(1) 
Display and Storage.
(a) 
Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad-tipped markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.
(b) 
In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad-tipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers in an area not accessible to the public in the regular course of business without employee assistance.
(2) 
Signage Required. Every person who operates a retail commercial establishment selling graffiti implements shall:
(a) 
Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by a fine of up to five hundred dollars ($500.00) for each offense.
(b) 
Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped markers to persons less than eighteen (18) years of age is against the law and punishable by a fine of three hundred dollars ($300.00) for each offense
(e) 
Fines.
(1) 
Person. Any person violating any provision of Section 616.03 will be fined three hundred dollars ($300.00) on first and subsequent offences. The person in default of payment of the fine and costs shall be subject to imprisonment for a period not exceeding thirty (30) days.
(2) 
Retail Establishment Responsibility. Any retail establishment violating any provision of Section 616.03 shall be given a warning on the first offense. On the second and any subsequent offence, a retail establishment shall be fined three hundred dollars ($300.00) and in default of payment of the fine and costs shall be subject to imprisonment for a period not exceeding thirty (30) days.
(3) 
Parental Responsibility. In the case of a minor, the City Solicitor shall seek restitution from the parents or legal guardian, subject to the amounts specified in 23 Pa. C.S.A. § 5505 as may be amended.
(f) 
Restitution. In addition to any punishment specified in Section 616.03, the City Solicitor shall seek restitution to the City for reimbursement of the costs incurred by the City in removing the graffiti. In the case of a minor, the City Solicitor shall seek restitution from the parents or legal guardian.