A.
The following article shall be entitled the "Anti-Graffiti
Ordinance."
B.
The Board of Commissioners finds as follows:
(1)
Graffiti is the gateway crime that symbolizes the
decay of a community which, left unchecked, reduces property values
and creates an environment that encourages further acts of vandalism
and crime.
(2)
Graffiti is responsible for the loss of neighborhood
pride and loss of commercial business.
(3)
Prohibiting the sale of spray paint and indelible
markers to minors and establishing the framework for immediate removal
of graffiti will help to alleviate the cause and detrimental impact
of graffiti in the Township.
A.
INDELIBLE MARKER
MINOR
PERSON
SPRAY PAINT
TOWNSHIP
The following words, terms and phrases, when used
in this article, shall have the following meanings ascribed to them:
A marker having a writing tip of 1/2 inch or more, containing
ink, paint or other fluid which, when applied to a surface, is not
readily removable by the application of water.
A person under the age of 18 years.
Any individual, association, firm, partnership, limited partnership,
corporation, trust or other legally recognized entity.
A container of paint designed to allow direct application
to a surface without the necessity for use of a brush, roller or other
applicator.
The Township of Lower Merion, Montgomery County, Pennsylvania.
B.
In this article, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include
the feminine and the neuter.
No person shall sell or offer for sale, transfer
or offer to transfer any spray paint or indelible marker unless such
spray paint or indelible marker is held for sale or transfer in an
enclosed device which is constructed to prevent removal of the merchandise
except by authorized attendants or unless such spray paint or indelible
marker is stored out of sight, in such a manner as to prevent free
access to the merchandise by the public.
A.
If spray paints and/or indelible markers are displayed,
merchants shall place a sign in clear public view in the area of the
display stating: "Damaging Public Or Private Property With Graffiti
Is A Crime. Any Person Defacing Property With Paint Or Other Liquid
Or Device Will Be Subject To Prosecution."
B.
Merchants shall place a sign in direct view of employees
accepting payment for spray paint or indelible markers stating: "It
Is A Violation Of Law To Sell Aerosol Containers Of Spray Paint Or
Indelible Markers To Persons Under The Age Of 18 Years Of Age."
A.
No person shall sell or otherwise transfer any spray
paint or indelible marker to a minor unless said minor is accompanied
by a parent or legal guardian at the time of the purchase or transfer.
B.
No minor shall, at the time of the purchase or transfer
of spray paint or indelible markers, knowingly furnish fraudulent
evidence of majority, including but not limited to a motor vehicle
operator's license, a registration certificate issued under the Federal
Selective Service Act, an identification card issued to a member of
the armed forces or any other document issued by a federal, state,
county or municipal government.
A.
Upon verbal or written notification from the Township,
the owner or occupant of property upon which graffiti has been illegally
placed shall remove the graffiti within five business days of the
date of notification. Upon request the enforcement authority will
supply the property owner with information and methods of removal.
B.
If the property owner fails to remove the graffiti,
Township employees or contractors employed by the Township may enter
upon the property and abate the public nuisance by removal or painting
over the graffiti. The cost of abatement will be assessed upon said
property.
C.
Upon application by the property owner or occupant
showing cause, the Township may grant an extension of time. Cause
shall include but not be limited to: weather conditions, extreme temperatures
and availability of chemicals or physical limitations.
