[HISTORY: Adopted by the Council of the Borough of Sharon Hill 2-14-1985 by Ord. No. 1144 (Ch. 66 of the 1972 Code). Amendments noted where applicable.]
The use of broad-tipped pens, paint spray cans, pencils, pens, crayons or other marking devices to write graffiti, verbal or otherwise, on the walls or other available spaces on public or private buildings, vehicles, areas or facilities causes serious defacement of such buildings, vehicles and areas, public and private, and contributes to the deterioration of property values, as well as offending the public's right, public and private, not to have unsightly and unlawful graffiti on, with defacement of, public and private property, and it constitutes a deleterious practice contrary to the public health and welfare. In addition, such contempt for the property rights of private citizens as well as public facilities contributes to the erosion of law and order and contributes to the deterioration in the quality of life of the community and must be opposed and punished.
In addition to the provisions of other laws and ordinances, the writing or placing of any written or pictorial graffiti, writings, pictures or other markings whatsoever, by any defacing whatsoever, including but not limited to pens, spray cans, pencils, crayons, paint, chalk or any other method or substance whatsoever, on any and all public or private property whatsoever, including real property, personal property or mixed-classification property, without the express knowledge and consent of the owner, is prohibited.
Marking of any property, real, personal or mixed, by the owner thereof in such a manner as would constitute graffiti is likewise prohibited.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the provisions of this chapter before any Magisterial District Judge shall be sentenced to pay a maximum fine as provided from time to time by state statute, together with the cost of prosecution, or to undergo imprisonment in the county jail for a term not to exceed 30 days, or both. In addition, the Magisterial District Judge is urged to require appropriate correction and restitution by requiring the offender to remove graffiti under the supervision of such municipal employee or other person designated by the court in order to avoid, in a proper case, a custodial sentence, according to the discretion of the Magisterial District Judge.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any and all unsightly, offensive or defacing writings, drawings, markings or other written or pictorial matter by any method or device, and of any content, which contributes to the defacement of the real or personal property involved and which contributes to the ugliness and unsightliness of the object, space, area or community and which is detrimental to the beauty, neatness and good order of the area and community.
In the enforcement of this chapter, all persons directly or indirectly involved shall be equally responsible and guilty; not alone the individual who may personally deface the object or area, but others in a group who encourage and participate in such actions, as well as persons who make available the tools, writing material, ladders, lookouts, materials or assistance or who knowingly supply funds to acquire such materials for such purposes, including parents and friends, shall be equally guilty and liable to punishment under this chapter.
This chapter shall not be construed to prohibit easily removable chalk markings on the public sidewalk and street in connection with traditional children's games, such as bases for stickball, handball, hopscotch and the like, nor temporary, easily removed chalk markings in connection with any lawful business or public purpose or activity.