[HISTORY: Adopted by the Borough Council of the Borough of Tullytown
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 71.
[Adopted 12-16-1997 by Ord.
No. 244 (Ch. 10, Part 6 of the 1985 Code)]
This article shall be known as the "Graffiti Ordinance of Borough of
Tullytown" and shall apply to all graffiti occurring within the limits of
this jurisdiction.
As used in this article (unless a different meaning is clearly required
by the context), the following terms shall have the meanings indicated:
Borough of Tullytown, Bucks County, Pennsylvania.
Any felt-tipped marker or similar implement that contains fluid that
is not water soluble and that has a flat or angled writing surface 1/2
inch or greater.
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 Borough 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.
Any and all persons with legal and/or equitable title to real property
in the Borough.
Any individual, firm, partnership, association, corporation, company
or organization of any kind.
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 Borough 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 this first notice,
there shall be issued a second notice to remove and a request for consent
to allow the Borough to enter upon the property for the purpose of graffiti
removal at the owner's expense.
A.
Any person who shall violate, fail, neglect or refuse
to comply with any provisions 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.
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 Borough 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 Borough 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.
[Adopted 12-16-1997 by Ord.
No. 244 (Ch. 13, Part 4 of the 1985 Code)]
As used in this article (unless a different meaning is clearly required
by context), the following terms shall have the meanings indicated:
Borough of Tullytown, Bucks County, Pennsylvania.
Any felt-tipped marker or similar implement that contains fluid that
is not water soluble and that has a flat or angled writing surface 1/2
inch or greater.
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 Borough 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.
Any individual, firm, partnership, association, corporation, company
or organization of any kind.
No person shall sell, cause to be sold, furnish or convey to any person
under the age of 18 years any aerosol container of spray paint or broad-tipped
indelible marker.
Every person who owns, conducts, operates or manages a retail commercial
establishment within the Borough that sells 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 form that follows:
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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 form that follows:
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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 EIGHTEEN YEARS OF AGE.
THE 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 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; under continuous electronic or mechanical surveillance or control;
or in a place not accessible to the public in the regular course of business
without employee assistance, pending legal sale of such paint containers or
markers.
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, 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.
