[Ord. 754-08, 3/24/2008]
The Borough Council finds and determines as follows: that graffiti
visible from streets, sidewalks, other public property or the public
right-of-way, or from any private property other than the property
on which the graffiti exists, is a visual blight and aesthetically
unacceptable; that graffiti contributes to the deterioration of property
values, unsightliness and general disorder in the Borough; that graffiti
is inconsistent with the property maintenance goals and aesthetic
standards of the Borough; that graffiti must be removed as soon as
possible to avoid a detrimental impact on the public health, safety,
and welfare of the residents and citizens of the Borough; that persons
causing graffiti should be penalized; and that owners and/or persons
in charge of property have some responsibility to remove graffiti
therefrom.
[Ord. 754-08, 3/24/2008]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Hamburg, Berks County, Pennsylvania.
Any inscription, word, symbol, figure, painting, marking,
design or other defacement, including but not limited to tags, throw-ups
and pieces, that is written, marked, etched, scrawled, scratched,
sprayed, stained, drawn, painted or engraved, stuck on or otherwise
affixed or adhered to any surface on public or private property without
the express advance permission of the owner or owner's agent of such
property, or despite express advance authorization, is otherwise deemed
a public nuisance by the Borough Council, including but not limited
to any wall, underpass, overpass, trestle, tree, sign, pole, playground
apparatus, utility box, building, structure, fixture or other improvement,
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.
The costs and expenses of having the defaced property repaired
or replaced when the Borough determines that removal of the graffiti
would not be cost-effective; and the law enforcement costs and expenses
incurred in identifying and apprehending a responsible party; and
the related administrative, overhead and incidental costs incurred
in performing or causing the performance of the enforcement, abatement
or collection procedures described in this Part, and related court
costs and attorneys' fees.
Any implement capable of marking a surface to create graffiti,
including but not limited to aerosol or pressurized paint containers,
markers, gum labels, paint sticks, paint brushes, graffiti sticks,
etching tools or equipment, brushes or any other device capable of
scarring or leaving a visible mark on any natural or manmade surface,
including but not limited to glass, metal, concrete or wood.
Any material such as but not limited to decals, stickers,
posters or labels which contain a substance commonly known as adhesive
or glue, which are unable to 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 3/8 inch or greater and contains ink that is not water-soluble.
Any person under the age of 18 years.
The Ordinance Enforcement Officer of the Borough or his or
her designee or another employee of the Borough designated by the
Borough Manager.
Any device containing a solid form of paint, chalk, wax,
epoxy or other similar substances capable of being applied to a surface
by pressure and, upon application, leaving a visible mark and that
is not water-soluble.
Any individual, unincorporated association, partnership,
trust, joint venture, fiduciary, corporation, limited liability company,
and every other form of legal entity.
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
Any land and the improvements thereon owned by any person
and/or business entity, and includes front, side and rear yards, vacant
lots, buildings and other structural improvements, walkways and alleyways
and parking areas designed or used either wholly or in part for private
residential, industrial or commercial purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, including any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or structure.
Any police officer or any public official authorized to enforce
ordinances.
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.
[Ord. 754-08, 3/24/2008]
1.
It shall be unlawful for any person to commit any overt act resulting
in or attempting to result in an application of graffiti.
2.
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.
3.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor to knowingly assist, aid, abet,
allow, permit or encourage said minor to violate the provisions of
this Part, as herein defined, either by words, overt act or by failing
to act.
4.
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 others in the group who knowingly make available the tools, writing
material, ladders, lookouts, materials or assistance, or who knowingly
supply funds to acquire such materials for such purposes.
5.
It shall be unlawful for any minor to have in his or her possession
any graffiti implement while on any public highway, street, alleyway,
sidewalk, park, playground, swimming pool or other public place or
property or on private property, unless the owner of that property
consented to the presence of the paint or marker, whether such person
is or is not in any automobile, vehicle or other means or method of
conveyance.
6.
It shall be unlawful for any person to have in his or her possession
a graffiti implement while in any public park, playground, swimming
pool, or recreational facility (other than highway, street, alleyway
or sidewalk), except authorized employees of the Borough or an individual
or authorized employee of an individual or company under contract
with the Borough.
7.
It is unlawful for any person to have in his or her possession any
graffiti implement on private property closed to the public without
permission from the owner or the owner's lawful agent.
8.
These prohibitions shall not apply to a child using paint or a marker
while under the immediate supervision of his or her parent or legal
guardian, a student under direct supervision of his or her teacher
or an employee using paint or a marker at the direction and under
the supervision of his or her employer.
[Ord. 754-08, 3/24/2008]
1.
The existence of graffiti on public or private property in violation
of this Part is expressly declared to be a public nuisance and, therefore,
is subject to the removal and abatement provisions specified in this
Part.
2.
It is the duty of both the owner of the property to which the graffiti
has been applied and any person who may be in possession or who has
the right to possess such property to at all times keep the property
clear of graffiti.
[Ord. 754-08, 3/24/2008]
1.
When the existence of graffiti on any lot, parcel of real estate, property, structure or improvement within the Borough shall come to the attention of the Ordinance Enforcement Officer, he or she shall cause to be given written notice, substantially in the form described in Subsection 2 next following, to the owner, agent or manager of said property, structure or improvement, identifying the graffiti and directing its removal within 15 days of the date of such notice. The owner, agent or manager of said property, structure or improvement shall cause the graffiti to be removed or effectively obscured.
2.
The notice shall contain the following information:
A.
The street address and description of the property sufficient for
identification of the property;
B.
A statement that the graffiti must be removed within 15 days after
the receipt of the notice and that, if the graffiti is not abated
within that time, the Borough will declare the property to be a public
nuisance, subject to the abatement and penalty procedures in this
Part;
C.
An information sheet identifying private graffiti removal contractors
approved by the Borough; and
3.
The notice may be served by handing it to the owner or authorized
representative of the public entity in person, or by United States
certified mail, return receipt requested, postage prepaid, addressed
to the owner's or public entity's post office address as shown on
the tax rolls or records of the Borough. If the owner or authorized
representative of the public entity cannot be found and the notice
is returned by the United States Postal Service, then the owner or
public entity may be notified by:
4.
If the owner or public entity fails to remove the graffiti within
15 days as required, the Borough, by and through its employees or
a private contractor employed by the Borough, is authorized to enter
upon the property and remove or paint over the graffiti area only.
The graffiti abatement costs and expenses may be assessed upon the
property, and such costs shall constitute a lien upon the property
in the same manner as provided for other municipal claims until paid.
[Ord. 754-08, 3/24/2008]
At a hearing requested by the property owner or public entity
before the Ordinance Enforcement Officer, the owner or public entity
shall be entitled to present evidence and argue that his, her or its
property does not contain graffiti. The determination of the Ordinance
Enforcement Officer after the hearing shall be final and not appealable.
After the hearing, if the Ordinance Enforcement Officer determined
that the property contains graffiti, the Ordinance Enforcement Officer
may order that the graffiti be removed and/or abated.
[Ord. 754-08, 3/24/2008; as amended by Ord. No. 855-2020, 10/26/2020]
The Mayor, or his or her designee, may grant rewards up to the
sum of $500 for information leading to the arrest and/or conviction
of any individual for violating the provisions of this Part.
[Ord. 754-08, 3/24/2008]
1.
Any person who shall violate any provision of this Part shall be,
upon conviction thereof, sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days.
2.
In addition to any penalty in accordance with this Part, the defendant
shall be required to remove the graffiti and/or make restitution to
the property owner and/or the Borough for damages or loss caused directly
or indirectly by the defendant's offense in reasonable amount or manner
to be determined by the court.
3.
In addition to such penalties, the court may, in imposing sentence,
order the defendant to perform community service of not less than
50 hours and not more than 100 hours.
