[Adopted 4-2-2018 by Ord.
No. O-18-1; approved 4-2-2018]
The Borough finds that the presence of graffiti on public and
private property within the Borough can result in the aesthetic deterioration
of neighborhoods and commercial areas, creates blight and, if not
properly abated, may lead to further placement of graffiti. The purpose
of this article is to establish rules and procedures for graffiti
removal and to address the cost of such removal.
The following words, terms and phrase, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any inscription, word, symbol, figure, marking or design, 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.
No person may apply or attempt to apply graffiti on any property,
real or personal, where it will be visible by the public. All persons
directly or indirectly involved in applying, attempting to apply,
or assisting in the application of graffiti shall be equally responsible
along with the individual or individuals who personally applied or
attempted to apply the graffiti. A person assists in the application
of graffiti if he or she knowingly provides or makes available the
tools, writing materials, or ladders used to apply the graffiti or
acts as a lookout during the application.
No person shall knowingly sell or otherwise transfer any spray
paint container, indelible marker, or other materials used for graffiti
purposes, to any person for the purpose of having said spray paint
container or indelible marker or other materials used in violation
of any of the provisions of this article.
No property owner, occupant, lessee, lessor, renter, tenant
or person otherwise in charge or control of any property within the
Borough shall permit any graffiti to accumulate or otherwise remain
on any real or personal property so as to be visible to the public
and shall be required to either restore the defaced surface by removing
the graffiti or by repainting the defaced surface.
A.
It is the duty of every property owner, occupant, lessee, lessor,
renter, tenant or person otherwise in charge or control of any property
within the Borough to promptly remove the graffiti from his or her
real or personal property, or to cover up the graffiti with a color
that matches and blends in with the existing surface. In the event
property owner, occupant, lessee, lessor, renter, tenant or person
otherwise in charge or control of any property in the Borough shall
fail or refuse to remove graffiti from his property, or to cover up
the graffiti with a color that matches and blends in with the existing
surface, then the Borough's Code Enforcement Officer, or his or her
designated agent, may cause written notice to be served upon the property
owner, occupant, lessee, lessor, renter, tenant or person otherwise
in charge or control of any property requesting removal or covering
up of the graffiti. Notice shall be deemed received upon personal
service, or 48 hours after being deposited in the United States mail,
first class, postage prepaid, directed to the intended individual
or upon posting the notice upon the property.
B.
If such property owner, occupant, lessee, lessor, renter, tenant
or person otherwise in charge or control of any property fails to
remove the graffiti within seven days after receipt of the notice
requesting removal of the graffiti, the graffiti may be removed by
the Borough. All costs of the removal or abatement work shall be billed
to the owner of the property and, if unpaid after 60 days, shall be
forwarded to the Borough Solicitor for the collection of the unpaid
costs with interest from the time of completion of the work needed
to eliminate the graffiti. Such collection action may be by a lien
against the property, filed and collected in the same manner as a
municipal claim.
C.
In the event the Borough determines to remove or abate the graffiti
at the Borough's expense, and the owner of the property consents to
such removal or abatement and executes the permission form/liability
waiver, the Borough or its contractor may remove the graffiti.
In situations where graffiti is intentionally and knowingly
caused by individuals under the age of 18, the parent or legal guardian
of said minor shall be responsible for its removal or abatement or
payment of the cost thereof. The Borough may recover such costs in
a civil action in addition to any other remedies provided by law.
Except as otherwise specified in § 157-36A above, it shall be the duty of any police officer of the Borough to enforce the provisions of this article against any person found to be violating the same.
Any person violating the provisions of this article shall, upon
conviction thereof, be punishable for each offense by a fine of up
to the maximum amount provided from time to time by state statute,
plus costs of prosecution. Each day's failure to comply with any such
provision shall constitute a separate violation.
