[Ord. 447, 10/8/1997, § 1]
This part shall be known as the "Graffiti Ordinance of the Township
of Lower Southampton" and shall apply to all graffiti occurring within
the limits of this jurisdiction.
[Ord. 447, 10/8/1997, § 1]
The following words, terms or phrases, when used in this subpart,
shall have the meanings ascribed to them in this section:
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.
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 Township 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 of age.
Any and all persons with legal and/or equitable title to
real property in Township.
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, news boxes, newsstands, utility
poles, public telephones, tree planters and other items of street
furniture.
[Ord. 447, 10/8/1997, § 1]
No person shall make graffiti of any type on any building, structure
or tangible personal property.
[Ord. 447, 10/8/1997, § 1]
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.
[Ord. 447, 10/8/1997, § 1]
No person owning or occupying any property within the Township
of Lower Southampton, Bucks County, Pennsylvania, shall permit any
graffiti to accumulate or otherwise remain on any property so as to
be visible to the public.
[Ord. 447, 10/8/1997, § 1]
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 subpart, 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.
[Ord. 447, 10/8/1997, § 1; as amended by Ord. 532,
9/10/2008]
1.
Any person, firm or corporation who shall violate any provision of
this subpart, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this subpart continues or each section of this subpart which shall
be found to have been violated shall constitute a separate offense.
2.
If the owner, occupant or other responsible agent of the property
fails to remove the graffiti or give consent for removal within 10
days after the second notice of violation has been issued, the Township
of Lower Southampton may proceed to remove the graffiti itself or
by contract.
3.
Except where the legal fees, administrative and filing costs exceed
the cost of removal, a bill for cost of removal shall be delivered
to the property owner, occupant or other responsible agent and, in
the event of nonpayment, the Township of Lower Southampton 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.
[Ord. 448, 10/8/1997, § 1]
The following words, terms or phrases, when used in this subpart,
shall have the meanings ascribed to them in this section:
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.
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.
A person who has not reached the age of 18 years of age.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. 448, 10/8/1997, § 1]
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.
[Ord. 448, 10/8/1997, § 1; as amended by Ord. 532,
9/10/2008]
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 MAGISTERIAL DISTRICT JUDGE.
|
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 MAGISTERIAL DISTRICT JUDGE.
|
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.
(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.
[Ord. 448, 10/8/1997, § 1; as amended by Ord. 532,
9/10/2008]
Any person, firm or corporation who shall violate any provision
of this subpart, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this subpart continues or each section of this subpart which shall
be found to have been violated shall constitute a separate offense.
