[Ord. 2226, 3/12/2007, § 1]
1.
Graffiti is criminal vandalism defacing public and private property
without the permission of the owner, costing citizens, businesses
and the Township thousands of dollars annually to repair.
2.
Graffiti can be 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.
[Ord. 2226, 3/12/2007, § 1]
1.
GRAFFITI
GRAFFITI IMPLEMENT
PERSON
The following words and terms shall have the meaning indicated:
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 Ross Township Board of Commissioners.
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.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignor,
or any other legal entity.
[Ord. 2226, 3/12/2007, § 1]
It shall be unlawful for any person to apply graffiti to any
natural or man-made surface on any Township-owned property or, without
the permission of the owner or occupant, on any non-Township owned
property.
[Ord. 2226, 3/12/2007, § 1]
1.
The existence of graffiti on public or private property in violation
of this Part is expressly declared to be a public nuisance and, therefore,
is subject to the removal and abatement provisions specified in this
Part.
2.
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.
[Ord. 2226, 3/12/2007, § 1]
1.
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 Township to permit property that
is defaced with graffiti to remain defaced for a period of 15 days
after service by certified or first class mail of notice of the defacement.
The notice shall contain the following information:
A.
The street address and legal description of the property sufficient
for identification of the property.
B.
A statement that the property is a potential graffiti nuisance property
with a concise description of the conditions leading to the finding.
C.
A statement that the graffiti must be removed within 15 days after
receipt of the notice and that if the graffiti is not abated within
that time the Township will declare the property to be a public nuisance,
subject to the abatement procedures set forth in this section.
D.
Such notices shall be prepared and sent by the Building Inspection
Department.
2.
Right of Township to Remove.
A.
Use of Public Funds. Whenever the Township 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 Township
shall be authorized to use public funds for the removal of the graffiti,
or for the painting or repairing of the graffiti, but shall not authorize
or undertake to provide for the painting or repair, of any more extensive
an area than that where the graffiti is located, unless the Code Enforcement
Officer 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.
B.
Right of Entry on Private Property. Prior to entering upon private
property or property owned by a public entity other than the Township
for the purpose of graffiti removal Ross Township shall attempt to
secure the consent of the property owner or responsible party and
a release of Ross Township 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 Part, or
if the Township has requested consent to remove or paint over the
offending graffiti and the property owner or responsible party has
refused consent for entry on terms acceptable to the Township and
consistent with the terms of this section, Ross Township shall commence
abatement and cost recovery proceedings for the graffiti removal according
to the Ross Township Code of Ordinances.
[Ord. 2226, 3/12/2007, § 1; as amended by Ord.
2288, 4/12/2010]
1.
Penalty for Violation. Any property owner who does not adhere to
the provisions of this Part, upon conviction thereof, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.
2.
Restitution. In addition to any punishment specified in this section,
the Township Solicitor shall seek restitution to Ross Township for
reimbursement of the costs incurred by the Township in removing the
graffiti. In the case of a minor, the Township 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.
3.
Community Service. In lieu of, or as part of, the penalties specified
in this section., a minor or adult may be ordered by the Court to
perform community service. The Township shall provide the following
supervision:
A.
Community service shall be performed under the supervision of the
Director of the Department of Parks and Recreation. The community
service work shall be devoted to graffiti removal in or on Township
properties and/or any other clean-up tasks deemed appropriate by the
Director.
