As used in this chapter, certain terms are defined as follows, unless
the context clearly indicates otherwise:
ETCHING EQUIPMENT OR MATERIALS
Includes, but is not limited to, any tool, device, equipment or substance
that can be used to make permanent markings on metal, glass, plastic, concrete
or stone.
GRAFFITI
Includes, but is not limited to, unauthorized drawings, inscriptions,
writings or markings of any nature whatsoever, whether scratched, painted
or drawn on any surface, including but not limited to buildings, sidewalks,
streets or structure of any type, with the exception of any such drawings,
inscriptions, writings or markings of any nature whatsoever, whether scratched,
painted or drawn with chalk upon the sidewalks or streets of the City of Lancaster.
INDELIBLE MARKER
Includes, but is not limited to, any marker containing a fluid which
is not water soluble and which has a point, brush, applicator or other writing
surface of 3/8 inch or greater.
MINOR
Any person under the age 18 years.
PERSON
Any individual, partnership, corporation, trust, association, owner,
contractor, salesperson or any other legal entity.
PRIVATE PROPERTY
Any land and/or the improvements thereon owned by any person, including
vacant lots, structures, alleyways, walkways, parking areas or other improvements,
such as patios and fences.
PUBLIC PROPERTY
Any land or building owned by governmental entity or dedicated for
a governmental purpose or as a street, including curb and gutter areas, alley,
sidewalk or utility easement, and including any structural improvements thereon.
No person shall write, paint or draw any form of graffiti, including
but not limited to any inscription, figure or mark of any type, upon any public
property or private property, with a spray-paint can, indelible marker, etching
equipment or materials or any other marking device (including but not limited
to crayons or chalk).
Responsibility for enforcement of this chapter of the Code of the City
of Lancaster on public property and private property shall rest both with
the Bureau of Police of the City of Lancaster and the Bureau of Housing and
Structural Inspections of the City of Lancaster, which Bureaus shall have the authority to institute summary criminal
proceedings as a means of enforcement of this chapter; provided, however,
that the Bureau of Housing and Structural Inspections shall under no circumstances
have the power of arrest.
Any conduct by a minor in violation of this chapter shall be deemed
both tortuous and criminal in nature.
Pursuant to Chapter
55 of the Judicial Code, a court, in any proceeding against a minor, shall ascertain the amount sufficient to fully reimburse any owner of public property or private property who or which has suffered injury because of the tortuous act of the minor in violation of this chapter and may direct such minor's parents or legal guardian to make payments in an amount not exceed the limitations set forth in Section 5505 of the Judicial Code to the owner of such public property or private property.
Any person who violates any provision of this chapter shall, upon conviction
thereof by summary proceedings, be fined not less than $300 nor more than
$900 for the first offense and not less than $500 nor more than $900 for each
succeeding offense; and, furthermore, the violator shall pay the costs associated
with the prosecution thereof and the costs to repair the damaged public property
or private property for each and every violation hereof. Upon default of payment
of any fine imposed or the costs of prosecution or repair as provided for
herein, such violator/defendant may be imprisoned for not more than 30 days.