[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield 11-3-1997 by Ord. No. 311.
Amendments noted where applicable.]
This chapter shall be known as the "Graffiti Ordinance of Lower Makefield
Township" and shall apply to all graffiti occurring within the limits of Lower
Makefield Township.
The following words or phrases, when used in this chapter, shall have
the following meanings:
Any felt-tipped marker or similar implement which contains fluid
that is not water soluble and which has a flat or angled writing surface one-half
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 the township.
Includes any individual, firm, partnership, association, corporation,
company or organization of any kind.
Includes any real estate, including improvements thereon, and tangible
property, including but not limited to newsboxes, newsstands, utility poles,
public telephones, tree planters and other items of street furniture.
No person shall make or place graffiti of any type on any building,
structure or tangible personal property.
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 of same while on his or her property.
No person owning or occupying any property within the Township of Lower
Makefield, Bucks County, Pennsylvania, shall permit any graffiti to accumulate
or otherwise remain on any property so as to be visible to the public.
Upon discovery of any graffiti, any authorized employee of the township
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 chapter, directing and requiring that such person remove such graffiti.
In the event that the graffiti is not removed within 10 days from the date
of mailing of the first notice, a second notice to remove the graffiti shall
be sent, and, if said graffiti is not removed within five days after the second
notice, then the township shall have the right to enter upon the property
for the purpose of removing the graffiti from the property and all such costs
incurred by the township to do so shall be reimbursed by the owner of the
property.
Any person who shall violate, fail, neglect or refuse to comply with
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $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 chapter continues shall be considered a
separate offense.
A bill of cost removal shall be delivered to the property owner, occupant
or other responsible agent, and, in the event of nonpayment, the township
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 which
may be imposed pursuant to this chapter.
Should the requirements of this chapter be in conflict with any other
requirements of the ordinances of the Lower Makefield Township, the most restrictive,
or those imposing the higher standards, shall prevail.
