[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 9-6-2005 by Ord. No. 606. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any aerosol container, regardless of the material from which
it is made, which is adopted or made for the purpose of spraying paint
capable of defacing property.
An inscription, drawing, or design, scratched, painted, sprayed,
or placed on a surface, without the consent of the owner of the property.
Any indelible marker or similar implement with a writing
tip exceeding four millimeters in width that contains a solution that
cannot be removed with water after it dries.
It shall be unlawful to spray or create graffiti on any building
or structure and any person doing the same shall be liable for the
cost of removal.
Absent express permission to the contrary by the owner or other
person having control thereof, it shall be unlawful for any person
to possess an aerosol paint container and/or marker pen in any public
building or upon any public facility or upon private property with
the intent to use the same to deface said building, facility or property.
Any person who possesses an aerosol paint container and/or a marker
pen in any public building or upon any public facility or private
property with no legitimate or lawful purpose therefore shall be presumed
to have possession of the same with the intention of using such aerosol
paint container and/or marker pen to deface said building, facility
or property; however, such a presumption shall be considered to be
rebuttable.
Any person owning or occupying any building or structure which
has been defaced with graffiti shall, within 10 days after written
notice to remove by the Borough of Tamaqua, cause such graffiti to
be removed or covered over. In the event that the time provided shall
be insufficient, the affected person may apply, in writing, for an
extension of time to remove the graffiti, and the time to remove the
graffiti shall, in any event, be extended until the Code Enforcement
Officer makes a decision of the extension request. In no event shall
the extension be for an additional period of more than 20 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Schuylkill County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this chapter
in equity in the Court of Common Pleas of Schuylkill County.
