Borough of Wilkinsburg, PA Graffiti

Graffiti is criminal vandalism defacing public and private property without the permission of the owner, costing citizens, businesses and the Borough taxpayers monies annually to repair.

Graffiti is a powerful visual symbol of disorder, eroding public safety, reducing the attractive physical qualities of neighborhoods, and contributing to the downward spiral of blight and decay, lessening property values, business vitality and neighborhood stability.

Eliminating graffiti requires a comprehensive strategy that includes increased efforts to apprehend and hold responsible those individuals responsible for graffiti vandalism, the prompt removal of all graffiti as soon as reasonably possible, support for residents, businesses, and community groups and residents who help to remove graffiti from public and private property in their neighborhoods, and public education about the negative aspects of graffiti.

The Borough Council intends, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement.

§ 156-2 Definitions.

The following words and terms shall have the meaning indicated:

COMMUNITY GRAFFITI ABATEMENT PROJECT

Any graffiti abatement project organized by a recognized community group and supported by the Department of Public Works through cash vouchers and/or the distribution of paint or other anti-graffiti supplies.

GRAFFITI

Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface or public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property or, despite advance authorization, is otherwise deemed a public nuisance by the Borough Council.

GRAFFITI IMPLEMENT

An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.

PERSON

Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignor, or any other legal entity.

§ 156-3 Prohibited acts.

Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any Borough-owned property or, without the permission of the owner or occupant, on any non-Borough-owned property.

Possession of graffiti implements.

(1)

By minors at or near school facilities. It shall be unlawful for any person under the age of 18 years to possess any graffiti implement within 500 feet of any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad-tipped marker.

(2)

In designated public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the Borough or while in or within 50 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the Borough.

§ 156-4 Violations and penalties.

Fines. Any person committing a graffiti offense under this chapter shall be punished by a fine, as follows:

(1)

Fine of up to $250 for any graffiti-related conviction whose total damage amount exceeds $300 (summary offense violation) but is less than $1,000.

(2)

Fine of up to $800 for any graffiti-related conviction whose total damage amount exceeds $1,000 (Misdemeanor 2 violation) but is less than $5,000.

(3)

Fine of up to $1,000 for any graffiti related conviction whose total damage amount exceeds $5,000 (Felony 3 violation), and an additional fine of up to $1,000 for every $5,000 graffiti damage thereafter.

Restitution. In addition to any punishment specified in this section, the Borough Solicitor shall seek restitution from the offender to the Borough for reimbursement of the costs incurred by the Borough in removing the graffiti. In the case of a minor, the Borough Solicitor shall seek restitution from the parents or legal guardian, subject to the amounts specified in 23 Pa.C.S.A. § 5505 as may be amended.

Forfeiture of personal property. All personal property, including, but not limited to, automobiles, motorcycles and bicycles, used or intended to be used in violating this chapter, shall be forfeitable to the Borough in accordance with applicable provisions of the Borough Code.

Community service. In addition to the penalties specified in this section, a minor or adult offender may be ordered by the court to perform community service. The Borough shall provide the following supervision:

(1)

Community service shall be performed under the supervision of the Director of the Department of Public Works. The community service work shall be devoted to graffiti abatement.

The Borough may institute proceedings under this section by the issuance of a "notice of violation letter," assessing a civil penalty ranging from $10 to $1,000 for each offense, and provide the parties in violation of said Code section the opportunity to abate the violation and pay said civil penalty in lieu of the institution of proceedings and the imposition of the other stated penalties set forth herein.

[Added 5-9-2012 by Ord. No. 2892]

§ 156-5 Graffiti as nuisance.

The existence of graffiti on public or private property in violation of this chapter is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this chapter.

It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti.

§ 156-6 Removal of graffiti on private property by owner or Borough.

Property owner. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the Borough to permit property that is defaced with graffiti to remain defaced for a period of 10 days after service by first-class mail of notice of the defacement. The notice shall contain the following information:

(1)

The street address and legal description of the property sufficient for identification of the property.

(2)

A statement that the property is deemed to be a graffiti nuisance property with a concise description of the conditions leading to the finding.

(3)

A statement that the graffiti must be removed within 10 days after receipt of the notice and that if the graffiti is not abated within that time the Borough will declare the property to be a public nuisance, subject to the abatement procedures set forth in this section.

(4)

An information sheet identifying any graffiti removal assistance programs available through the Borough, community organizations, and/or private graffiti removal contractors.

(5)

Such notices shall be prepared and sent by the Code Enforcement Department.

Penalty for violation. Any property owner who does not adhere to the provisions of this section shall be fined no less than $25 and up to $250 plus costs. Each day the condition continues beyond 45 days shall constitute a separate offense.

Right of Borough to remove.

(1)

Use of public funds. Whenever the Borough becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the Borough shall be authorized to use public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, and may authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located, when the Director of the Department of Public Works determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

(2)

Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the Borough for the purpose of graffiti removal, the Borough shall attempt to secure the consent of the property owner or responsible party, in accordance with § 156-6A above, and a release of the Borough from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this chapter, or if the Borough has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has ignored the request for consent, or refused consent, for entry on terms acceptable to the Borough and consistent with the terms of this section, the Borough shall nevertheless commence abatement and cost recovery proceedings for the graffiti removal.

(3)

Restitution. The Borough may seek restitution from the property owner in the form of reimbursement of the costs incurred by the Borough in removing the graffiti.

§ 156-7 Trust fund and reward authority.

The Borough Manager is hereby authorized and directed to establish a special trust fund known as the Graffiti Trust Fund for the receipt and deposit of private sector contributions and the fines resulting from violations of this chapter. The funds shall be used specifically for graffiti abatement, rewards, public awareness, vouchers to community organizations in support of their graffiti removal programs, and for such other purposes as may be approved by the Borough Council upon the recommendation of the Chief of Police.

The Borough Council, upon the recommendation of the Chief of Police, shall grant rewards of up to the sum of $500 to individuals, organizations, or other entities which provide information leading to the arrest and conviction of any individual for violating § 156-3.

Property owners may request financial assistance from the Graffiti Trust Fund to assist with the costs associated with the graffiti abatement through the procedure established by the Borough.