[HISTORY: Adopted by the Council of Latrobe 1-13-1997 by Ord. No. 1997-1. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 194.
It has become apparent that the use of pens,
writing and artistic devices and spray can and marking devices used
in connection with the writing of graffiti on walls and other places
of structures and property has reached such significant levels and
proportions that immediate local attention should be given this matter
by this municipality. The unabated proliferation of graffiti is a
physical blight upon the landscape of Latrobe and costs taxpayers,
merchants and homeowners substantial moneys to remove and repair.
The defacing of such property and the use of foul language in many
of the writings is harmful to the general public and violative of
the good and welfare of the citizens, residents and people of Latrobe.
It is the further intent of this legislation that any person guilty
of writing graffiti on buildings and property shall be punished so
that the punishment shall fit the offense.
A.Â
No person shall write, paint or draw any inscription,
figure or mark of any type on any structure, public or private, or
any other property, real or personal, owned, operated or maintained
by any public benefit corporation, Latrobe or by any person, firm
or corporation, or any agency or instrumentality thereof, without
the express written permission of the owner of the property or his
agent.
B.Â
No person shall possess any aerosol spray paint can
or broad-tipped indelible marker or any tool, instrument, article,
substance, solution or other compound designed or commonly used to
etch, paint, cover, draw upon or otherwise place a mark upon any public
or private property. Any person in the proximity of any defacement,
in possession of the items mentioned herein, without the prior express
written consent of the owner or operator of the property having been
obtained, shall create a rebuttable presumption that such person did
deface public or private property in violation of this chapter.
C.Â
A person is guilty of possession of a graffiti instrument(s)
when he is situate upon any real property, public or private, without
the express permission of the owner thereof, while in possession of
any aerosol spray paint can or broad-tipped indelible marker or tool,
instrument, article, substance, solution or other compound designed
or commonly used to etch, paint, cover, draw upon or otherwise place
a mark upon a piece of property which that person has no permission
or authority to etch, paint, cover, draw upon or otherwise place a
mark upon.
It is the responsibility of the owner, or his
agent, of the building or structure which has been defaced without
the owner's, or his agent's, prior written permission by a writing,
painting or drawing of any inscription, figure or mark to completely
remove said graffiti from the building or structure within 30 days
of receipt of written notice of the defacement by the Chief of Police
of his designee, said notice having been served personally or as otherwise
permitted by law.
Failure of the owner of the building or structure
to remove the graffiti within the time allowed after written notice
may subject the owner to a fine of not more than $250 for the first
offense. Each thirty-day period thereafter shall be deemed a separate
offense and shall subject the owner to additional fines not to exceed
$250 for each offense.
If said graffiti condition is not removed, cured
or corrected within 30 days after receipt of written notice from Latrobe,
then Latrobe shall have the right to enter the premises to remove
the graffiti and/or repaint the premises as set forth above, and the
cost of the removal of the graffiti and/or repainting shall be at
the sole, joint and several cost and expense of the occupant, lessee,
sublessee, agent or landlord of said building or structure. The actual
cost of the removal of the graffiti and/or repainting, plus the cost
of the inspection of said graffiti and/or repainting and other costs
incidental to such removal, shall thereupon become a lien upon the
real property upon which the graffiti was found to exist and not remedied
under this subsection, and the same shall be collected and enforced
in the same manner as any other municipal claim. This remedy shall
be in addition to any other remedy for fine or civil penalty.
As used in this chapter, the following terms
shall have the meanings indicated:
Any felt-tipped marker or similar marker containing fluid.
Should any provision of this chapter be subsequently
determined to be invalid or unconstitutional, then and in that event,
the provision of this chapter so determined to be invalid or unconstitutional
shall be stricken and, to the greatest extent possible, the remaining
provisions in this chapter shall remain in full force and effect.
In this chapter, the singular shall include
the plural and vice-versa, and any reference to either gender shall
also be implied to include the other gender as well.
