[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:
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
