[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-7-1969 by Ord. No. 13-1969]
It shall be unlawful for any person or persons,
firm, corporation, company or association, within the limits of the
Borough of Kutztown, Berks County, Pennsylvania:
A.
To willfully make or cause to be made, or, being the
owner of any premises or having control thereof, to permit within
or on said premises, any loud, boisterous or unseemly noise or disturbances,
or to be guilty of vagrancy, or to engage in fighting or to incite
others to fight, assault or quarrel, or to engage in any other unlawful
act tending to imperil the personal security or safety of any person
or persons within the Borough of Kutztown or on borough-owned properties
located outside the physical boundaries of the Borough, or to endanger
or injure any property within the Borough of Kutztown or on Borough-owned
properties located outside the physical boundaries of the Borough,
to the annoyance of the public, or near to any alley, street, bridge,
public passageway or public place whereby the public peace is broken
or disturbed or the public is annoyed or offended.
[Amended 10-24-2000 by Ord. No. 6-2000]
C.
To loaf, loiter, lounge, stand or congregate on or
otherwise occupy any of the sidewalks, streets, crossings, street
corners, bridges, highways or alleys in front of or about any place
of business or other public place within the Borough of Kutztown in
such a way as to obstruct the free flow of vehicular and/or pedestrian
traffic.
[Amended 8-26-1980 by Ord. No. 9-1980; 4-18-2006 by Ord. No.
8-2006]
E.
To willfully conduct or cause to be conducted, or, being the owner of any premises or having control thereof, to knowingly permit within or on said premises, any open burning, as defined by § 158-3 of this article, upon any sidewalk, roadway, or property within the Borough of Kutztown.
[Amended 4-18-2006 by Ord. No. 8-2006]
F.
To throw, place, discard or be a party to throwing,
placing or discarding any garbage, rubbish, paper, refuse or litter
of any kind on, upon or adjacent to any road, street, alley, sidewalk,
public place or lot or piece of ground within the Borough of Kutztown
or on Borough-owned properties located outside the physical boundaries
of the Borough.
[Amended 10-24-2000 by Ord. No. 6-2000]
G.
To knowingly and intentionally utilize or access any
911 emergency communications system or wireless E-911 system to contact
a public safety answering point, as defined by the Pennsylvania Public
Safety Emergency Telephone Act,[3] as amended, by dialing 9-1-1 without having a legitimate
purpose.
[Amended 4-18-2006 by Ord. No. 8-2006]
[3]
Editor's Note: See 35 P.S,. § 7011
et seq.
I.
To nail, tack, hang or otherwise append any sign,
notice or advertisement of any kind whatsoever upon any tree, post,
pole, electric pole or pillar of any description, except on private
property and then only by permission of the owner thereof.
K.
To cause any unnecessary and disturbing noise generated or created by a motor vehicle or commercial vehicle, including but not limited to the squealing of tires, backfiring, blowing of a horn, racing of an engine or parking, as defined by § 158-3 of this article, of a commercial vehicle on public or private property, to the annoyance of peaceable residents nearby or within or near to an alley, street, bridge, public passageway, private lot, or public place whereby the public peace is broken or disturbed or the public is annoyed or offended. Where a party has direct or indirect control over a private lot, the party shall be presumed to have control over any vehicle so parked and shall be in violation of this section whether the party actually parked the vehicle or was aware of the parked vehicle. This prohibition shall not apply to vehicles parked temporarily for any fairgrounds, picnics, campgrounds, media events or other social events for entertainment or educational purposes.
[Amended 5-29-2001 by Ord. No. 5-2001]
L.
To keep or suffer to remain on any premises any odorous,
offensive or unwholesome matter of any kind or any wood, corncobs
or other matter of substance or substances which attracts rats, mice
or other rodents or insects.
M.
To keep, operate or be employed at any house, home,
apartment or other dwelling unit or establishment wherein liquor or
malt or brewed beverages are sold without an appropriate license to
do so issued by the Commonwealth of Pennsylvania.
[Added 10-24-2000 by Ord. No. 6-2000]
N.
To be present in any house, home, apartment or other
dwelling unit or establishment wherein liquor or malt or brewed beverages
are being sold without an appropriate license issued by the Commonwealth
of Pennsylvania to do so conspicuously displayed on the premises.
[Added 10-24-2000 by Ord. No. 6-2000]
O.
To knowingly permit any property in which any person
or persons, firm, corporation, company or association have an equitable
or legal ownership to be used as a house, home, apartment or other
dwelling unit or establishment where persons are engaged in the sale
of liquor or malt or brewed beverages without a license to do so issued
by the Commonwealth of Pennsylvania.
[Added 10-24-2000 by Ord. No. 6-2000]
P.
No person shall deposit, or permit to be deposited,
on publicly or privately owned property, any human excrement, vomit,
or other human bodily waste unless such waste is deposited in a toilet,
urinal, or other receptacle designed, intended and made available
for such use.
[Added 4-18-2006 by Ord. No. 8-2006]
Q.
Occupying and using the roof or roof overhang of a building when
such roof is not designed and permitted for such occupancy by the
Borough Building Code, except when performing repairs or maintenance
of the roof or in an emergency situation.
[Added 6-21-2016 by Ord.
No. 2-2016]
[Amended 12-28-1976 by Ord. No. 17-1976; 12-26-1995 by Ord. No. 12-1995]
Any person who shall violate § 158-1H of this article shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600 and the costs of prosecution, and, in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days. Any person who shall violate any provision of this article other than § 158-1H shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 and the costs of prosecution, and, in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
[Added 12-26-1995 by Ord. No. 12-1995; amended 10-24-2000 by Ord. No. 6-2000; 5-29-2001 by Ord. No.
5-2001]
As used in this article, the following terms
shall have the following meanings:
A motor vehicle designed or used to transport passengers
or property as set forth in the Pennsylvania Motor Vehicle Code, as
amended, 75 Pa. C.S.A. § 1603.
Either residency, occupancy or use of said real estate.
The burning of any materials, including but not limited to any wood, paper, hay, straw or other inflammable substance, wherein products of combustion are emitted directly into the outdoor atmosphere without passing through a stack, chimney or screen from an enclosed chamber. For purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion takes place, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and to permit the escape of exhaust gases are open. During the time of combustion, permissible enclosures, such as lawn stoves, shall be maintained at a distance of no less than 10 feet from any structure and the smoke and emissions from the enclosure shall not pose a safety hazard. Additionally, during the time of combustion, such enclosures shall be attended by a responsible person at all times. Exemptions are defined under § 168-9B of this Code.
[Added 4-18-2006 by Ord. No. 8-2006]
The leaving of such commercial vehicle unattended or with
the driver sleeping with the motor and/or engine of said vehicle running
for a period of time in excess of 15 minutes on public or private
property or allowing such a vehicle with the motor and/or engine of
said vehicle running on private property for a period of time in excess
of 15 minutes. Where a party has direct control over such private
property, he shall be presumed to have control over any vehicle so
parked and shall be in violation of this article whether he actually
parked the vehicle himself or was aware of the parked vehicle.
Affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places to
be included are highways, transport facilities, schools, apartment
houses, places of business or amusement, and any neighborhood or premises
which are open to the public.
[Adopted 8-19-2008 by Ord. No. 10-2008]
This article shall be known as the "Graffiti Code of the Borough
of Kutztown" and shall apply to all graffiti occurring within the
jurisdictional limits of the Borough of Kutztown.
A.
AUTHORIZED PERSON
BOROUGH
BROAD-TIPPED INDELIBLE MARKER
CONSENT
GRAFFITI
(1)
(2)
GRAFFITI IMPLEMENT
GUM LABELS
MARKER
MINOR
NOTICE
OWNER
PAINT STICK or GRAFFITI STICK
PERSON
PIECES
PROPERTY
TAGS
THROWUPS
The following words, terms or phrases, when used in Article II of this chapter, shall have the meanings ascribed to them in this section.
A police officer, community service officer, or Code Enforcement
Officer of the Borough of Kutztown.
The Borough of Kutztown.
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.
Any inscription, work, symbol, figure, marking or design, including
but not limited to, tags, throw-ups and pieces, that are marked, etched,
scrawled, stained, drawn or painted and stuck on or adhered to any
surface on public or private property without the express permission
of the owner or owner's agent of such property, including, but
not limited to, any wall, underpass, overpass, trestle, tree, sign,
pole, playground apparatus, utility box, building, structure, fixture
or other improvements, whether permanent or temporary, regardless
of the content or nature of the material that has been applied, and
which is visible from any public property or the public right-of-way,
or from any private property other than the property on which the
graffiti exists.
Graffiti shall not be construed to apply to easily removable
chalk markings on the public sidewalks and streets used in connection
with traditional children's games.
Any implement capable of marking a surface to create graffiti,
including, but not limited to, aerosol or pressurized paint containers,
markers, gum labels, paint brushes or etching tools capable of scarring
glass, metal, concrete or wood.
Any materials, such as, but not limited to, decals, stickers,
posters or labels which contain a substance commonly known as "adhesive"
or "glue," which cannot be removed from the surface in an intact condition
and with minimal efforts.
Any indelible or permanent marker or similar implement with
a point, brush, applicator or other writing surface which at its broadest
width is 3/6 of an inch or greater and contains ink that is not water
soluble.
Any person under the age of 18 years.
A letter delivered to the owner of the property or placed
securely on the front door or other highly visible area of a property
which is defaced with graffiti. Said letter or sticker shall contain
a statement that the graffiti must be removed within 10 days after
the letter has been posted on the property or received by the owner
of the property.
Any and all persons with legal and/or equitable title to
real property in the Borough.
Any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface
by pressure and upon application, leaving a visible mark and that
is not water soluble.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
Includes any real estate, including improvements thereon;
and tangible personal property, including but not limited to newsboxes,
newsstands, utility poles, public telephones, tree planters and other
items of street furniture; and vehicles located thereon.
A form of graffiti represented by stylized signatures of
a writer's chosen name.
A form of graffiti represented by large names or figures
written in a bubble style, often with an outline written in a different
color than the interior of the letters.
A.
No person owning or occupying any property within the Borough of
Kutztown, Berks County, Pennsylvania, shall permit any graffiti to
accumulate or otherwise remain on any property so as to be visible
to the public.
B.
Upon discovery of graffiti, any authorized person shall issue written
notice to the owner, occupant or other responsible agent of any properties
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 of this first notice, a second notice to remove and
request for consent to allow the Borough to enter upon the property
for the purpose of graffiti removal at the owner's expense shall
be issued. Failure to remove graffiti within 10 days of mailing of
the second notice shall constitute a violation of this article.
C.
It shall be unlawful for any person to commit any overt act resulting
in or attempting to result in an application of graffiti.
D.
It shall be unlawful for any person to intentionally, maliciously
or wantonly expose or tend to expose another to risk of violence,
contempt or hatred on the basis of race, color, creed or religion
by the use of what is commonly known as "graffiti."
E.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor child under the age of 18 years
to knowingly assist, aid, abet, allow, permit or encourage said minor
to violate the provisions of this article, as herein defined, either
by words, overt act or by failing to act.
F.
All persons directly or indirectly involved in acts of graffiti vandalism
may be found to be equally responsible and guilty of the act, in addition
to the individual who may personally deface the object or area, such
as other in the group who knowingly make available the tools, writing
material, ladders, lookouts, materials or assistance, or who knowingly
supplies funds to acquire such materials for such purposes.
G.
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.
H.
No person, partnership or corporation 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.
I.
Every person, partnership or corporation who owns, conducts, operates
or manages a retail commercial establishment selling aerosol containers
of spray paints or broad-tipped indelible markers shall 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.
|
J.
Every person, partnership or corporation who owns, conducts, operates
or manages a retail commercial establishment selling aerosol containers
of spray paints or broad-tipped indelible markers shall 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;
or
(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.
A.
Any person who shall violate, fail, neglect or refuse to comply with § 158-7A or B or § 158-8 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.
Any person who shall violate § 158-7C through J of this article shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and the costs of prosecution, and in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
C.
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.
D.
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.
