[HISTORY: Adopted by the Borough Council of the Borough of Morrisville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-11-1997 by Ord. No. 887]
This article shall be known as the "Graffiti Ordinance of the Borough
of Morrisville," and shall apply to all graffiti occurring within the limits
of this jurisdiction.
The following words, terms or phrases, when used in this article, shall
have the meaning ascribed to this in this Section:
Any felt tipped marker or similar implement which contains fluid
which is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
Voluntary agreement by a person.
Every name, identification, description, crude drawing, announcement,
display, illustration, insignia or symbol (including any letter, work, numeral,
emblem or combination thereof), other than advertising, which is otherwise
provided for by Borough ordinances which, without authorization, is marked,
written, drawn, painted, scratched or affixed directly to or upon any subject
or structure.
A person who has not reached the age of 18 years of age.
Any and all persons with legal and/or equitable title to real property
in the Borough of Morrisville.
Includes any individual, firm, partnership, association, corporation,
company or organization of any kind.
Includes any real estate, including improvements thereon and tangible
property including, but not limited to, newsboxes, newsstands, utility poles,
public telephone, tree planter and other items of street furniture.
No person shall make graffiti of any type, on any building, structure
or tangible personal property.
No minor shall have in his or her possession any aerosol container of
spray paint or broad tipped indelible marker while on any public property,
highway, street, alley, sidewalk or park, or while on any private property
unless the owner or person in possession of the property knows of the minor's
possession of the aerosol container or marker and has consented to the minor's
possession while on his or her property.
No person owning or occupying any property within the Borough of Morrisville,
Bucks County, Pennsylvania, shall permit any graffiti to accumulate or otherwise
remain on any property so as to be visible to the public.
Upon discovery of graffiti, any authorized person shall issue written
notice to the owner, occupant or other responsible agent of any remises whereon
graffiti is present in violation to the provisions of this article, directing
and requiring such person to remove such graffiti. In the event that graffiti
is not removed within 10 days from the date of mailing of this first notice,
a second notice to remove and request for consent to allow the Borough to
enter upon the property for the purpose of graffiti removal at the owner's
expense shall be issued.
A.
Any person who shall violate, fail, neglect or refuse
to comply with any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $1,000 and costs and, in default
of payment thereof, shall be subject to imprisonment for a term not exceeding
30 days. Each day that a violation of this article continues shall be considered
a separate offense.
B.
If the owner, occupant or other responsible agent of
the property fails to remove graffiti or give consent for removal within 10
days after the second notice of violation has been issued, the Borough may
proceed to remove the graffiti itself or by contract.
C.
Except where the legal fees, administrative and filing
costs exceed the cost of removal, a bill for costs of removal shall be delivered
to the property owner, occupant or other responsible agent and, in the event
of nonpayment, the Borough may file a lien against the property in the amount
of such costs. Liability for costs of removal shall be in addition to liability
for any fine imposed.
[Adopted 11-11-1997 by Ord. No. 888]
The following words, terms or phrases, when used in this article, shall
have the meaning ascribed to them in this section:
Any felt tipped marker or similar implement which contains fluid
which is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
Every name, identification, description, crude drawing, announcement,
display, illustration, insignia or symbol (including any letter, work, numeral,
emblem or combination thereof), other than advertising, which is otherwise
provided for by Borough ordinances which, without authorization, is marked,
written, drawn, painted, scratched or affixed directly to or upon any subject
or structure.
A person who has not reached the age of 18 years of age.
Includes any individual, firm, partnership, association, corporation,
company or organization of any kind.
No person or firm shall sell, cause to be sold, furnish or convey to
any person under the age of 18 years of age, any aerosol container or spray
paint or broad tipped indelible marker.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol containers of spray paint or broad tipped indelible
markers shall:
A.
Place a sign in clear public view at or near the display
of such product substantially in the following form:
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"Graffiti is a crime. Any person defacing real or personal property
not his or her own with paint or any other liquid or device is guilty of a
summary offense, punishable by a fine or imprisonment. Punishment may be in
the form of community service or clean-up at the discretion of the District
Justice."
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B.
Place a sign in the direct view of such persons responsible
for accepting customer payment for aerosol containers of spray paint or broad
tipped indelible markers substantially in the following form:
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"It is a violation of the law to sell aerosol containers of spray paint
or broad tipped indelible markers to persons under 18 years of age. This offense
is punishable by a fine or imprisonment. Punishment may be in the form of
community service or clean-up at the discretion of the District Justice."
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C.
Store or cause such aerosol containers or marker pens
to be stored either:
(1)
In the direct line of sight from cash registers work
area or any other work area that is normally continuously occupied while the
store is open.
(2)
Under continuous electronic or mechanical surveillance
or control.
(3)
In a place not accessible to the public in the regular
course of business without employee assistance, pending legal sale of such
markers or paint containers.
Any person who shall violate, fail, neglect or refuse to comply with
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $1,000 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not exceeding 30 days. Each day
that a violation of this article continues shall be considered a separate
offense.
