[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono 8-7-2006 by Ord. No. 5-2006. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any aerosol container, regardless of the material from which
it is made, which is adopted or made for the purpose of spraying paint
capable of defacing property.
An inscription, drawing or design scratched, painted, sprayed,
or placed on a surface without the consent of the owner of the property.
Any indelible marker or similar implement with a writing
tip exceeding four millimeters in width that contains a solution that
cannot be removed with water after it dries.
Projectiles containing paint or a similar substance designed
for paintball guns or similar devices.
It shall be unlawful to spray or create graffiti
on any building or structure, and any person doing the same shall
be liable for the cost of removal.
Absent express permission to the contrary by
the owner or other person having control thereof, it shall be unlawful
for any person to possess an aerosol paint container and/or marker
pen in any public building or upon any public facility or upon private
property with the intent to use the same to deface said building,
facility or property. Any person who possesses an aerosol paint container
and/or a marker pen in any public building or upon any public facility
or private property with no legitimate or lawful purpose therefor
shall be presumed to have possession of the same with the intention
of using such aerosol paint container and/or marker pen to deface
said building, facility or property; however, such a presumption shall
be considered to be refutable.
Any person owning or occupying any building
or structure which has been defaced with graffiti shall, within 14
days after certified written notice to remove by the Borough of Mount
Pocono, cause such graffiti to be removed or covered over. In the
event that the time provided shall be insufficient, the affected person
may apply in writing for an extension of time to remove the graffiti,
and the time to remove the graffiti shall, in any event, be extended
until the Zoning Officer makes a decision of the extension request.
In no event shall the extension be for an additional period of more
than 20 days.
Violations of this chapter shall constitute
a summary offense. Any person violating any of the provisions of this
chapter, upon conviction before a District Justice, shall pay a fine
not exceeding $300, the cost of removing the graffiti, and costs of
prosecution, and, in default of payment of either a fine, costs of
removal, or costs of prosecution, shall be imprisoned in the county
jail for a period not to exceed 30 days.
