Township of Falls, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Falls Township 10-22-1997 by Ord. No. 97-12. Amendments noted where applicable.]

§ 113-1 Scope.

This chapter shall be known as the "Graffiti Ordinance of the Township of Falls," and shall apply to all graffiti occurring within the limits of this jurisdiction.

§ 113-2 Definitions.

The following words, terms or phrases, when used in Article I and Article II of this chapter, shall have the meanings ascribed to them in this section.
BROAD-TIPPED INDELIBLE MARKER
Any felt-tipped marker or similar implement which contains fluid which is not water soluble and which has a flat or angled writing surface one-half inch or greater.
Voluntary agreement by a person.
CONSENT
Voluntary agreement by a person.
GRAFFITI
Every name, identification, description, crude drawing, announcement, display, illustration, insignia or symbol (including any letter, word, numeral, emblem or combination thereof), other than advertising which is otherwise provided for by township ordinances which, without authorization, is marked, written, drawn, painted, scratched or affixed directly to or upon any subject or structure.
MINOR
A person who has not reached the age of 18 years of age.
OWNER
Any and all persons with legal and/or equitable title to real property in the Township of Falls.
PERSON
Includes any individual, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY
Includes any real estate, including improvements thereon; and tangible personal property including but not limited to newsboxes, newstands, utility poles, public telephones, tree planters and other items of street furniture; and vehicles located thereon.

§ 113-3 Making graffiti.

No person shall make graffiti of any type on any building, structure or tangible personal property.

§ 113-4 Possession of graffiti instruments.

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.

§ 113-5 Removal of graffiti required.

No person owning or occupying any property within the Township of Falls, Bucks County, Pennsylvania, shall permit any graffiti to accumulate or otherwise remain on any property so as to be visible to the public.

§ 113-6 Notice to remove.

Upon discovery of graffiti, any authorized person shall issue written notice to the owner, occupant or other responsible agent of any premises whereon graffiti is present in violation of the provisions of this chapter, 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 township to enter upon the property for the purpose of graffiti removal at the owner's expense shall be issued.

§ 113-7 Penalties and enforcement.

A. 
Any person who violates or permits a violation of this article shall be subject to a civil enforcement proceeding and, upon conviction, shall be sentenced to pay a civil penalty of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to file a complaint for such violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this article.
[Amended 1-25-2001 by Ord. No. 2001-1]
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 township 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 township 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.

§ 113-8 Sale to minors prohibited.

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 of spray paint or broad-tipped indelible marker.

§ 113-9 Display of spray paint and markers.

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paints 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:
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 CLEANUP AT THE DISCRETION OF THE DISTRICT JUSTICE.
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:
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 CLEANUP AT THE DISCRETION OF THE DISTRICT JUSTICE.
C. 
Store or cause such aerosol containers or marker pens to be stored either:
(1) 
In the direct line of sight from the cash register 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; or
(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.

§ 113-10 Violations and penalties.

[Amended 1-25-2001 by Ord. No. 2001-1]
Any person who violates or permits a violation of this article shall be subject to a civil enforcement proceeding and, upon conviction, shall be sentenced to pay a civil penalty of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to file a complaint for such violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this article.