[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 10-20-2008 by Ord. No. 458 (Ch. 109, Art. IV, of the 1982 Code). Amendments noted where applicable.]
This chapter shall be known as the "Graffiti
Ordinance of the Township of Muhlenberg" and shall apply to all graffiti
occurring within the jurisdictional limits of the Township of Muhlenberg.
A.Â
The following
words, terms or phrases, when used in this chapter, shall have the
meanings ascribed to them in this section.
B.Â
Words and phrases,
when used in this chapter, except for sections or articles to which
different or additional definitions apply, shall have the meanings
ascribed to them in the Crimes Code, 18 Pa.C.S.A., as amended.
C.Â
AUTHORIZED PERSON
BROAD-TIPPED INDELIBLE MARKER
CONSENT
GRAFFITI
(1)Â
(2)Â
GRAFFITI IMPLEMENT
GUM LABELS
MARKER
MINOR
NOTICE
OWNER
PAINT STICK or GRAFFITI STICK
PERSON
PIECES
PROPERTY
TAGS
THROW-UPS
TOWNSHIP
As used in this
chapter, the following terms shall have the meanings indicated:
A police officer, community service officer, or code enforcement
officer of the Township.
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 wide 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 in width 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 of a property
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, the earlier of the dates.
Any and all persons with legal and/or equitable title to
real property in the Township.
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 of any kind.
Forms of graffiti represented by detailed, multi-colored
murals, ranging in size.
Includes any real estate, including improvements thereon,
and tangible personal property, including but not limited to news
boxes, 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.
The Township of Muhlenberg.
A.Â
No person owning
or occupying any property within the Township of Muhlenberg, Berks
County, Pennsylvania, shall permit any graffiti to accumulate or otherwise
remain on any property so as to be visible to the public.
B.Â
Upon discovery
of graffiti, any person authorized by the Township to enforce ordinance
violations shall issue written notice to the owner, occupant and any
other responsible agent of any premises whereon graffiti is present
in violation of the provisions of this chapter, 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 Township 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 chapter.
C.Â
It shall be unlawful
for any person to commit any overt act resulting in or attempting
to result in an application of graffiti.
D.Â
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."
E.Â
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,
aid, abet, allow, permit or encourage said minor to violate the provisions
of this chapter, as herein defined, either by words, overt act or
by failing to act.
F.Â
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
who knowingly make available the tools, writing material, ladders,
materials or assistance, such as lookouts, or who knowingly supply
funds to acquire such materials for such purposes.
G.Â
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 the minor's possession while on his or her property.
A.Â
Any person who shall violate, fail, neglect or refuse to comply with § 196-3A or B of this chapter 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 of this chapter continues shall be considered a separate offense.
B.Â
Any person who shall violate § 196-3C through G of this chapter 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.
C.Â
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 Township may proceed to remove
the graffiti, by itself or by contract.
D.Â
Except where the
legal fees, administrative and filing costs exceed the cost of removal,
a bill for costs of removal shall be delivered to the property owner,
occupant and any other responsible agent and, in the event of nonpayment,
the Township 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.