[HISTORY: Adopted by the Board of Supervisors
of Falls Township 10-22-1997 by Ord. No. 97-12. Amendments noted where
applicable.]
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.
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.
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.
Voluntary agreement by a person.
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.
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 Township of Falls.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
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.
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 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.
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.
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.
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.
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:
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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
CLEANUP 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 CLEANUP 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 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.
[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.
