[HISTORY: Adopted by the City Council of the City of Clairton 5-12-1992 by Ord. No. 1522. Amendments noted where applicable.]
The use of broad-tipped pens, aerosol spray paint cans or other marking devices in connection with writing graffiti on walls, public or private buildings, statues, monuments or other public or private property of whatever kind has become a serious problem in the City of Clairton. The defacing of property and the objectionable content of graffiti is unsightly, is offensive to the general public, contributes to the deterioration of property values and is harmful to the public health and welfare of the people of Clairton. The Council of the City of Clairton therefore finds it necessary and advisable to prohibit such conduct and to provide suitable punishment for those convicted of violating this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMUNITY SERVICE
- Any public or nonprofit organization or program employed by the criminal courts or judiciary generally to provide for appropriate alternative sentences to a fine or imprisonment.
- An inscription, figure, mark, design, carving or any other marking of any nature whatsoever which is drawn, written, scratched or painted on a wall, building, statue, monument, rock or any other surface of public or private property and which defaces, obliterates, covers, alters, damages or destroys such property.
No person shall write, print, spray, draw or place, with ink, paint, chalk or other substances, or otherwise make, scratch, carve or etch graffiti on the real or personal property of another, whether public or private, unless the owner of said property shall have, prior to the writing, painting or placing of graffiti, specifically consented to the same.
In the event that prohibited conduct hereunder is a violation of a provision of a law of the Commonwealth of Pennsylvania (including 18 Pa.C.S.A. § 3304, Criminal mischief; 18 Pa.C.S.A. § 3307, Institutional vandalism; and 18 Pa.C.S.A. § 5509, Desecration of venerated objects), such Pennsylvania law shall supersede the provisions of this chapter.
Any person violating any of the provisions of this chapter, with the exception of § 213-5, shall, upon conviction, be fined not more than $1,000, plus costs, or imprisonment for a period not to exceed 30 days, or both, and shall restore the property to the condition it was in prior to its defacement, destruction or being damaged or shall be required to provide restitution for the restoration of the property, whichever the court may determine is appropriate under the circumstances.
Where, due to physical condition or indigency, a person found to be in violation of this chapter cannot make restitution or provide restoration, said person shall be required to perform community service for a period of not less than 10 hours and not more than 40 hours.
Any owner, agent or trustee of any property, including industrial, commercial or residential property, which has had graffiti placed upon it as defined and described above shall, upon notification by the City Manager or the City Manager's designee, remove such graffiti within a period not to exceed 60 days.
Any person violating the provisions of this section shall, upon conviction, pay a fine of not more than $300, plus costs. Each day that such condition continues beyond 60 days shall constitute a separate offense.
The City Manager is hereby authorized and directed to grant rewards in the amount of $250 to any individual, individuals or organization or other entities who provide information resulting in the arrest or citation and conviction of any individual or group of individuals for violating § 213-3 herein.