[Adopted 10-7-1997 by Ord. No. 97-13]
The following words terms or phrases, when used
in this article, 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 1/2 inch or greater.
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.
PERSON
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
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 paint 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."
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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:
"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.
Any person who shall violate, fail, neglect
or refuse to comply with any provision of this article shall upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000
and costs and, in default of payment thereof, shall be subject to
imprisonment for a term not exceeding 30 days. Each day that a violation
of this article continues shall be considered a separate offense.
[Adopted 10-7-1997 by Ord. No. 97-14]
This article shall be known as the "Graffiti
Ordinance of the Township of Bristol" and shall apply to all graffiti
occurring within the limits of this jurisdiction.
The following words terms or phrases, when used
in this article, shall have the meaning 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 1/2 inch or greater.
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.
PERSON
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
PROPERTY
Includes any real estate including improvements thereon,
and tangible property including but not limited to, newsboxes, newsstands,
utility poles, public telephones, tree planters, and other items of
street furniture.
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 Bristol 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 article, 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.