[Ord. 1098, 7/9/2009, § 1]
This Part shall be known as the "Anti-Graffiti Ordinance."
[Ord. 1098, 7/9/2009, § 2]
This Part shall apply to all graffiti occurring within the jurisdiction
limits of the Borough of Shillington.
[Ord. 1098, 7/9/2009, § 3]
The following words, terms or phrases, when used in this Part,
shall have the meanings ascribed to them in this section.
A Police Officer, Community Service Officer, or Code Enforcement
Officer of the Borough.
The Borough of Shillington.
Any felt-tipped marker or similar implement which contains
fluid which is not water soluble and which has a flat or angled writing
surface 1/2 inch or greater.
Voluntary agreement by a person.
Any inscription, work, symbol, figure, marking or design including,
but not limited to, tags, throw-ups and pieces, that is marked, etched,
scrawled, stained, drawn or painted and stuck on or adhered to any
surface on public or private property without the express permission
of the owner or owner's agent of such property including, but
not limited to, any wall, underpass, overpass, trestle, tree, sign,
pole, playground apparatus, utility box, building, structure, fixture
or other improvements 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.
Any implement capable of marking a surface to create graffiti
including, but not limited to, aerosol or pressurized paint containers,
markers, gum labels, paint brushes or etching tools, capable of scarring
glass, metal concrete or wood.
Any materials such as, but not limited to, decals, stickers,
posters or labels which contain a substance commonly known as adhesive
or glue, which cannot 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 3/6 of an inch or greater and contains ink that is not water
soluble.
Any person under the age of 18 years.
A letter delivered to the owner of the property or placed
securely on the front door or other highly visible area which is defaced
with graffiti. Said letter or sticker shall contain a statement that
the graffiti must be removed within 10 days after the letter has been
posted on the property or received by the owner of the property.
Any and all persons with legal and/or equitable title to
real property in the Borough.
Any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface
by pressure and upon application, leaving a visible mark and that
is not water soluble.
Includes any individual, firm, partnership, association,
corporation, company or organization or any kind.
Forms of graffiti represented by detail, multicolored murals,
ranging in size.
Includes any real estate, including improvements thereon;
and tangible personal property including but not limited to newsboxes,
newsstands, utility poles, public telephones, tree planters and other
items of street furniture; and vehicles located thereon.
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. 1098, 7/9/2009, § 4]
1.
No person owning or occupying any property within the Borough of
Shillington, Berks County, Pennsylvania, shall permit any graffiti
to accumulate or otherwise remain on any property so as to be visible
to the public.
2.
Upon discovery of graffiti, any authorized person shall issue written
notice to the owner, occupant or other responsible agent of any premises
whereon graffiti is present in violation of the provisions of this
Part, directing and requiring such person to remove such graffiti.
In the event that graffiti is not removed within 10 days from the
date of mailing of this first notice, a second notice to remove and
request for consent to allow the Borough to enter upon the property
for the purpose of graffiti removal at the owner's expense shall
be issued. Failure to remove graffiti within 10 days of mailing of
the second notice shall constitute a violation of this section.
3.
It shall be unlawful for any person to commit any overt act resulting
in or attempting to result in an application of graffiti.
4.
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.
5.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor child under the age of 18 years
to knowingly assist, abet, permit or encourage said minor to violate
the provisions of this section, as herein defined, either by words,
overt act or by failing to act.
6.
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.
7.
No minor shall have in his or her possession any aerosol container
of spray paint or broad-tipped indelible marker while on any public
property, highway, street, alley, sidewalk or park, or while on any
private property, unless the owner or person in possession of the
property knows of the minor's possession of the aerosol container
or marker and has consented to minor's possession while on his
or her property.
[Ord. 1098, 7/9/2009, § 5]
1.
Any person who shall violate, fail, neglect or refuse to comply with
any provisions of this Part shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $1,000 and costs and, in default of payment
thereof, shall be subject to imprisonment for a term not exceeding
30 days. Each day that a violation continues shall be considered a
separate offense.
2.
Any person who shall violate any provision of this Part shall, upon
summary conviction thereof, be sentenced to pay a fine of not less
than $100 nor more than $1,000 and the costs of prosecution, and in
default of payment thereof, shall undergo imprisonment in the Berks
County Prison for a period not exceeding 30 days.
3.
If the owner, occupant or other responsible agent of the property
fails to remove graffiti or give consent for removal within 10 days
after the second notice of violation has been issued, the Borough
may proceed to remove the graffiti, itself or by contract.
4.
A bill for the cost of removal, plus any legal fees and administrative
and filing costs incurred shall be delivered to the property owner,
occupant or other responsible agent and, in the event of nonpayment,
the Borough may file a lien against the property in the amount of
such costs. Liability for costs of removal shall be in addition to
liability for any fine imposed.
