[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.
Person or persons or corporation or other entity comprising
record owner or owners of any land or building.
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.
