[Adopted 10-16-1985 by Ord. No. 2091[1]; amended in its entirety 7-16-2008 by Ord. No. 3859]
[1]
Editor's Note: This ordinance also redesignated former Article VII, Penalties, as Article VIII.
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. 
The following words, terms and phrases, when used in this article, shall have the following meanings ascribed to them:
INDELIBLE MARKER
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.
MINOR
A person under the age of 18 years.
PERSON
Any individual, association, firm, partnership, limited partnership, corporation, trust or other legally recognized entity.
SPRAY PAINT
A container of paint designed to allow direct application to a surface without the necessity for use of a brush, roller or other applicator.
TOWNSHIP
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.