[Ord. 8/1/1894, § 1; as amended by A.O.]
Every person who shall mark upon, deface, cut, break or otherwise
mutilate the monument on Wyoming Avenue in the Borough of Wyoming
executed to commemorate the Battle and Massacre of Wyoming, or shall
mark, deface, cut, mutilate or destroy the fence or gates enclosing
the monument grounds or any turf, tree, shrub, plant, flag, flagstaff,
seats, tent pole, rope, canvas or other improvement within said monument
grounds shall, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $5 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense. Provided
that, this shall not apply to such acts as may be properly done in
the care and for the preservation of said monument and grounds by
those having authority.
[Ord. 8/1/1894, § 2; as amended by A.O.]
All fines and penalties imposed by this Part shall be collected
in the same manner as other fines and penalties are now by law recoverable.
[Ord. 8/1/1894, § 3]
It is hereby made the duty of the Constable and police force
of the Borough to enforce the provisions of this Part, but any person
may make complaint therefor.
[Ord. 214, 5/8/2006, § 119-1]
The use of broad-tipped pens, paint spray cans, pencils, crayons
or other marking devices to write or place graffiti on the walls or
other available spaces of public or private buildings, vehicles, areas
or facilities causes serious defacement of such buildings, vehicles
and areas, public and private, and facilities 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 constitutes
a deleterious practice contrary to the public health and welfare.
In addition, such contempt of 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.
[Ord. 214, 5/8/2006, § 119-2]
For the purpose of this Part, the following definitions shall
apply:
GRAFFITI
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. This Part shall not be construed to prohibit
easily removable chalk markings on the public sidewalks and streets
used in connection with traditional children's games.
MINOR
Any person under the age of 18 years.
PERSON
Includes associations, clubs, corporations, firms, partnerships
and bodies politic, as well as all individuals.
PROPERTY
Any public or private property in the Borough of Wyoming.
[Ord. 214, 5/8/2006, § 119-3]
No person shall write, print or place with ink, paint, chalk
or other substance graffiti on the real or personal property of another,
whether said personal or real property is publicly or privately owned.
[Ord. 214, 5/8/2006, § 119-4]
It shall be unlawful of any parent, legal guardian or other
person having custody and care of any minor child under the age of
18 years to knowingly assist, aid, abet, allow, permit or encourage
said minor to violate the provisions of this Part, as herein defined,
either by words, overt act or by failing to act.
[Ord. 214, 5/8/2006, § 119-5]
All persons, directly or indirectly, shall be equally responsible
and guilty, not alone the individual who may personally deface the
object or area, but others in a group who knowingly make available
the tools, writing material, ladders, lookout, materials or assistance
or who knowingly supply funds to acquire such materials for such purposes,
shall be equally guilty and liable to punishment under this Part.
[Ord. 214, 5/8/2006, § 119-6; as amended by A.O.]
1. Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs together with reasonable attorney fees and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2. Any person who violates either §§
6-313,
6-314 or
6-315 of this Part shall also be responsible for the cost of cleaning, repairing, painting or otherwise restoring the property which he/she damaged, defaced or vandalized so as to bring the property to the condition it was in prior to the application of the graffiti.
[Ord. 214, 5/8/2006, § 119-7; as amended by A.O.]
Property owners shall be liable for removal of graffiti in the
event that the person responsible for defacing the property cannot
be determined. Upon proper notice by the duly authorized Borough official,
the property owner shall remove or cause to be removed any and all
such graffiti within 60 days. Failure to comply with this section
shall result in the imposition of a fine of not less than $100 and
nor more than $1,000. In the event that the Borough shall cause to
have the graffiti removed because the owner has not complied with
an order to do so, the Borough may recover the costs of the same from
the property owner.