Borough of Pottstown, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 1802, 5/8/1995, § 301]
Pottstown Borough Council finds and determines that graffiti visible from streets, sidewalks or other public property is a visual blight and aesthetically unacceptable; that graffiti is inconsistent with the property maintenance goals and aesthetic standards of the community; that graffiti must be removed as soon as possible to avoid detrimental impact on public health, safety and welfare; that persons causing graffiti should be penalized; and that the owners and/or persons in charge of private property have some responsibility to remove graffiti therefrom.
[Ord. 1802, 5/8/1995, § 302]
GRAFFITI — One or more letters, symbols or other markings painted, drawn or otherwise applied to a wall, post, column or other building or structure, or to a tree or other exterior surface, publicly or privately owned and visible from any street, sidewalk or other public property. The term does not include signs authorized by Chapter 27 of the Code of Ordinances or markings authorized by the owner of the surface where applied for a useful or decorative purpose.
OWNER
Person or persons or corporation or other entity comprising record owner or owners of any land or building.
REMOVAL
Cleaned, scraped off, covered with paint or otherwise not visible from a public street or sidewalk or other public property.
[Ord. 1802, 5/8/1995, § 303]
No person shall paint, draw or otherwise apply graffiti to any exterior surface visible from a public street or sidewalk or other public property.
[Ord. 1802, 5/8/1995, § 304; as amended by Ord. 2041, 7/9/2007]
Graffiti is declared to be a public nuisance. When the existence of graffiti on any lot or parcel of real estate situate within the Borough shall come to the attention of a Code Enforcement Officer, he shall give written notice to the owner of record and/or person in charge of such real estate, identifying the graffiti and directing its removal within 48 hours of the date of such notice.
[Ord. 1802, 5/8/1995, § 305; as amended by Ord. 2041, 7/9/2007]
If the owner fails to remove the graffiti within 48 hours as required, the Borough is authorized to do so and to assess the costs thereof (together with a penalty of 10% as provided by law in the case of nuisances), to be collected in the manner provided by law for the collection of municipal claims, either by the filing of a lien or a civil action, or in any other authorized manner, including all costs of collection; provided, however, that the Borough shall not enter upon private property to remove the graffiti without the written consent of the owner and/or the person in charge of the property in form acceptable to the Borough.
[Ord. 1802, 5/8/1995, § 305]
Any person, firm or corporation who shall violate any provision of this Part shall be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days. In addition, a person causing graffiti shall be required to remove the graffiti and/or reimburse the property owner and/or the Borough for the cost of such removal; provided, however, that these penalties do not apply to the owner and/or person in charge of real estate on which the graffiti has been placed unless such person refuses to give written consent for removal by the Borough in form acceptable to Borough.