[Adopted 8-20-1985 by Ord. No. 1609; amended in its entirety 6-20-2000 by Ord. No. 1963-00]
The following shall be entitled the "Antigraffiti
Code."
It is the intent and purpose of this article
to address the problem of graffiti in Cheltenham Township. Graffiti
is the ultimate symbol of urban decay and blight on the community.
The community is affected by reduced property values and an environment
that encourages further acts of vandalism and crime. Graffiti also
is responsible for the loss of neighborhood pride and loss of business
to commercial enterprises.
A.
BROAD-TIPPED INDELIBLE MARKER
GRAFFITI
MINOR
OWNER
PERSON
PROPERTY
SPRAY PAINT
TOWNSHIP
The following words, terms and phrases, when used
in this article, shall have the following meanings ascribed to them:
Any felt tipped marker or similar implement which contains
a fluid which is not water soluble and which has a flat or angled
writing surface one-half inch or greater.
Every name, identification, description, announcement, display,
illustration or insignia, any symbol (including any letter, word,
numeral, emblem, or combination thereof), other than advertising which
is otherwise provided for by township ordinances, which is marked,
written, drawn, painted, scratched or affixed directly to or upon
any object or structure or otherwise placing of a mark upon private
or public property with intent to damage or change the appearance
of such property.
For the purpose of this article, a person who has not yet
reached 18 years of age.
Any and all persons with legal and/or equitable title to
real property in Cheltenham Township as their names and addresses
are shown upon the official property records.
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
Includes any real estate, including improvements thereon,
and tangible property.
A container of paint designed to allow direct application
to a surface without the necessity for use of a brush, roller or other
applicator.
The Township of Cheltenham, Montgomery County, Pennsylvania.
B.
In this article, the singular shall include the plural,
the plural shall include the singular and the masculine shall include
the feminine and the neuter.
A.
Making graffiti. No person shall make graffiti of
any type on any building, public or private, or any other property
owned by any person or public agency without the express permission
of the owner or operator of said property.
B.
Possession of graffiti instruments. No person under
the age of 18 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.
C.
Sale to minors prohibited.
(1)
No person or firm shall sell or cause to be sold to
any person under the age of 18 years and no person under the age of
18 years shall buy any aerosol container of spray paint or broad-tipped
indelible marker unless said minor is accompanied by a parent or legal
guardian at the time of the purchase or transfer.
(2)
No minor shall, at the time of purchase or transfer
of spray paint or indelible marker, knowingly furnish fraudulent evidence
of majority, including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal Selective
Service Act, an identification card issued to a member of the armed
forces or any other document issued by a federal, state, county or
municipal government.
A.
Display of spray paint and markers. Every person who
owns, conducts, operates or manages a retail commercial establishment
selling aerosol containers of spray paint or broad-tipped indelible
markers shall:
(1)
Place a sign in clear public view at or near the display
of such products stating:
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"GRAFFITI IS A CRIME UNDER THE PA. CRIMES CODE
SECTION 3304 CRIMINAL MISCHIEF. ANY PERSON DEFACING REAL OR PERSONAL
PROPERTY WILL BE SUBJECT TO ARREST AND PROSECUTION."
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(2)
Place a sign in the direct view of such persons responsible
for accepting customer payment for aerosol containers of spray paint
or broad-tipped indelible markers stating:
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"IT IS A VIOLATION OF THE TOWNSHIP ORDINANCE
TO SELL AEROSOL CONTAINERS OF SPRAY PAINT OR BROAD-TIPPED INDELIBLE
MARKERS TO PERSONS UNDER 18 YEARS OF AGE."
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No person shall sell or offer for sale, transfer
or offer to transfer any spray paint or indelible marker unless such
spray paint or indelible marker is held for sale or transfer in an
enclosed device which is constructed to prevent removal of the merchandise
except by authorized attendants or unless such spray paint or indelible
marker is stored, out of sight, in such a manner as to prevent free
access to the merchandise by the public.
A.
Requirement to remove graffiti. Upon written notification
by the Township, the owner of property upon which graffiti has been
placed shall remove the graffiti within 15 calendar days from the
date of the notice. If delivery is not made to the owner, then a written
notice of removal of the graffiti shall be posted upon the premises.
The Township will supply the property owner with information and methods
of removal upon request.
B.
Remedy. If a property owner fails to remove graffiti
within 15 days after notice of violation has been issued, the Township
may proceed to remove the graffiti itself, by contract, and the property
owner may be responsible for the costs of removal, including all related
administrative costs. Notice of this fact shall be provided to the
property owner at the same time and in the same manner as the notice
of violation was issued. A bill for such costs of removal may be delivered
to the property owner, proprietor or other responsible agent, and
the Township may file a lien against the property in the amount of
such costs. Liability for costs of removal under this section may
be in addition to liability for any fine imposed.
C.
Exigent circumstances. In the interest of public safety,
the Township reserves the right to remove any graffiti on private
property without the owners permission when such graffiti may constitute
the crimes of institutional vandalism or ethnic intimidation.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction before any District
Justice, be fined not less than $100 nor more than $600; and, furthermore,
the person shall pay the cost associated with the prosecution thereof
and the cost of the repair and removal of graffiti that they have
been found to be responsible for. Each day a violation shall continue
after notification shall constitute a separate offense. The fine or
penalty imposed by this section shall be in addition to any other
penalty imposed by this article or allowed by law. Such courts may
also, at their discretion, require community service to offset the
costs of removal or cleanup.
