[Adopted 5-12-1992 by Ord. No. 1797]
A. 
No person shall destroy, damage or deface in any way, public or private property, whether occupied, vacant and/or abandoned, including but not limited to any of the following:
(1) 
Public or private buildings, fences or trees.
(2) 
Public streetlights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators.
(3) 
Telephone or telegraph wires or electric wires of any kind, or the poles sustaining or attaching them.
(4) 
Statues, monuments or plaques.
(5) 
Official notices or signs posted by the commonwealth, the Board of Public Education, the county, the Municipality or any other public agency.
B. 
In the event that the prohibited conduct is a violation of Pennsylvania Statute 18 Pa.C.S.A. § 3304, Criminal mischief, 18 Pa.C.S.A. § 3307, Institutional vandalism, or 18 Pa.C.S.A. § 5509, Desecration or sale of venerated objects,[1] such Pennsylvania statutes shall supersede this article.
[1]
Editor's Note: Said statute was amended to read "Desecration, theft or sale of venerated objects" and to include provisions related to theft 10-9-2008 by P.L. 1419, No. 116.
A. 
Any owner, agent or trustee of any industrial, commercial or residential property, which property shall have been defaced by the affixing of obscene or improper matter or signs, symbols or language of the kind in the category commonly known as graffiti, shall, upon notification from the Municipality, remove such obscene or improper matter or signs, symbols or language within a period not to exceed 90 days. Each day such condition continues beyond the 90th day shall constitute a separate offense.
B. 
In the event of multiple violations of this section by the same property owner, through the repeated affixing of graffiti after the removal of previously affixed graffiti by the property owner, a Magistrate, in imposing penalty, may consider such circumstances along with financial hardship suffered by said property owner.
No person shall knowingly sell or otherwise transfer any spray paint container, indelible marker or other materials used for graffiti purposes to any person for the purpose of having said spray paint container or indelible marker or other materials used in violation of any of the provisions of this article.
A. 
Any person violating the provisions of this article shall, upon conviction thereof, be fined not more than $1,000 plus costs. In default of payment of such fines and costs, such persons shall be imprisoned for not more than 30 days.
B. 
In lieu of making a disposition, a Magistrate may, with the agreement of the Municipal Officer issuing the citation, admit any person charged with violating the provisions of this article to an adjudication alternative program of community service up to 100 hours, with a nonprofit agency within the Municipality.
C. 
In addition, the conditions of the adjudication alternative program may include the imposition of costs and restitution, the imposition of a reasonable charge relating to the expense of administrating the program and other conditions agreed upon by the offender and Municipal Officer. If said offender refuses to accept the conditions imposed or fails to complete the program without good cause, the Magistrate shall proceed on the charges as provided by law.
D. 
In any proceeding where a person under the age of 18 years is found to violate the provisions of this article, the Magistrate shall ascertain the amount sufficient to fully reimburse any party or parties who has or have suffered damages because of the act of the child, and direct the parents of said child to pay restitution to the victim or victims in an amount not to exceed the maximum amount permissible under existing state law.
[Added 6-9-1992 by Ord. No. 1800]
A. 
The Municipal Manager is hereby authorized and directed to establish a special account known as the Graffiti Reward Account for the receipt and deposit of private sector contributions and the fines resulting from violations of this article. Said funds shall be used specifically for rewards and public awareness programs.
B. 
The Municipal Manager shall grant rewards up to the sum of $500 to individuals, organizations or other entities who provide information leading to the arrest and/or conviction of any individual for violating the provisions of this article.
C. 
Said rewards shall be granted from the Graffiti Reward Account.