[HISTORY: Adopted by the Board of Supervisors of the Township of Bern as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-6-2002 by Ord. No. 200-2002]
This article shall be known and may be cited as the "Nuisance Ordinance" of the Township.
A. 
The following words, as used in this article, shall have the following meaning(s):
NUISANCE
Any use of property or conduct or activity or condition upon property within Bern Township that shall cause or result in annoyance or discomfort beyond the boundaries of such property which disturbs a reasonable person of normal sensitivities, taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood. Specifically, the word "nuisance" shall include but shall not be limited to the following:
(1) 
Operating or permitting the operation of or playing of radios, television sets, amplifiers, musical instruments, and other sound devices which produce or camplify sound which annoys a reasonable person of normal sensitivities.
(2) 
Operation of motorcycles, all-terrain vehicles, or snowmobiles in such an excessive manner as to annoy a reasonable person of normal sensitivities.
(3) 
Owning, possessing, controlling or harboring any animal or fowl which barks, bays, cries, squawks, or makes any other such noise continuously and/or intermittently for an extended period which annoys or disturbs a reasonable person of normal sensitivities.
(4) 
Using any property or operating any business or other activity so as to permit or cause smoke, soot, cinders, dust, mud, dirt, acid, noxious or offensive fumes, gases, or odors to be discharged into the air, or to be carried off the premises, or to cause glare from lights, or other noise of such character to annoy or disturb a reasonable person of normal sensitivities beyond the premises from which the same shall emanate.
(5) 
Operation of mechanically powered lawn mowers, tractors, power tools, chainsaws, or similar devices in a residential area between the hours of 10:00 p.m. and 7:00 a.m. the following day which annoys or disturbs a reasonable person of normal sensitivities.
PERSON
Any natural person, partnership, association, firm or corporation.
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.
It shall be unlawful for any person to create, continue, cause, maintain, or permit to exist any nuisance within Bern Township.
Any person who shall create, continue, cause, maintain, or permit to exist any nuisance at any place within Bern Township, in violation of § 114-2 above, shall, after order from a police officer or a designated representative of the Bern Township Board of Supervisors to do so, remove or abate such nuisance. If such person shall fail, neglect, or refuse to abate such nuisance as ordered, the police officer or designated representative of the Bern Township Board of Supervisors shall have the authority to cite such person for a violation of this article and/or to remove or abate such nuisance.
Any person who shall violate any provision of this article shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day during which any person violates any provisions of this article shall constitute a separate offense.
The following activities and individuals are hereby exempt from the provisions of § 114-2: use of public athletic and recreational facilities for events organized and operated by state, county or local athletic or recreation associations or organizations; state or municipal road repairmen or utility repairmen or emergency services personnel, working within the course of their employment in their capacity as road repairmen, utility repairmen and emergency services providers; and persons engaged in commercial agriculture, including but not limited to cultivation and harvesting of crops and/or the care of livestock.
[Adopted 10-7-2008 by Ord. No. 249-2008]
Graffiti contributes to the deterioration of property values, unsightliness and general disorder in a community. Recognizing the community problem, the purpose of this article is to promote safety and general welfare of the residents/citizens of the Township by helping to create graffiti-free environments.
As used in this article, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The designated Code Enforcement Officer for the Township of Bern.
GRAFFITI
A. 
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.
B. 
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.
GRAFFITI ABATEMENT COSTS AND EXPENSES
The costs and expenses of having the defaced property repaired or replaced when the Township determines that removal of the graffiti would not be cost effective; and the law enforcement costs and expenses incurred in identifying and apprehending a responsible party; and the related administrative, overhead and incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures described in this article and related court costs and attorneys' fees.
GRAFFITI IMPLEMENT
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.
GUM LABELS
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.
MARKER
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.
MINOR
Any person under the age of 18 years.
NOTICE
A letter or sticker placed securely on the front door or other highly visible area of a property which is defaced with graffiti or a letter mailed to the property owner of the property defaced with graffiti or a letter personally delivered to the owner of a property defaced with graffiti. Said letter or sticker shall contain a statement that the graffiti must be removed within 30 days after the letter or sticker has been posted on the property or received by the property owner.
PAINT STICK or GRAFFITI STICK
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.
PERSON
Every natural person, firm, corporation, partnership, association or institution.
PIECES
Forms of graffiti represented by detailed, multicolored murals, ranging in size.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person, and includes front, side and rear yards, vacant lots, buildings and other structural improvements, walkways and alleyways and parking areas designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or structure.
PUBLIC OFFICER
Any police officer or any public official authorized to enforce the ordinances of the Township of Bern as set forth in the Bern Township Code of Ordinances.
TAGS
A form of graffiti represented by stylized signatures of a writer's chosen name.
THROW-UPS
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.
A. 
Prohibitions.
(1) 
It shall be unlawful for any person to commit any overt act resulting in or attempting to result in an application of graffiti.
(2) 
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."
(3) 
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 article, as herein defined, either by words, overt act or by failing to act.
(4) 
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.
(5) 
Every person who owns, conducts, operates or manages a retail, commercial establishment selling aerosol containers of spray paint or broad-tipped indelible markers shall place a sign in clear public view at or near the display of such products stating:
"GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY A FINE OF UP TO $1,000 OR A PRISON SENTENCE."
(6) 
It shall be unlawful for any person under the age of 18 to have in his or her possession any graffiti implement while on any public highway, street, alleyway, sidewalk, park, playground, swimming pool or other public place or property or on private property unless the owner of that property consented to the presence of the paint or marker, whether such person is or is not in any automobile, vehicle or other means or method of conveyance.
(7) 
It shall be unlawful for any person to have in his or her possession any graffiti implement while in any public park, playground, swimming pool, or recreation facility (other than a highway, street, alleyway or sidewalk), except authorized employees of the Township of Bern or an individual or authorized employee of any individual or company under contract with the Township of Bern.
(8) 
It is unlawful for any person to have in his or her possession any graffiti implement on private property closed to the public without permission from the owner of his lawful agent.
B. 
Exemptions. This prohibition shall not apply to a child using paint or a marker while under the immediate supervision of his or her parent or legal guardian, a student under direct supervision of his or her teacher or an employee using paint or a maker at the direction and under the supervision of his or her employer.
A. 
Wherever a public officer becomes aware of the existence of graffiti on any property, structure or improvement within the Township that is visible to the public, the public officer, upon such discovery, shall give or cause to be given notice to remove or effectively obscure such graffiti within 30 days from the posting of any notice given by the Township and will then inform the Code Enforcement Officer that such notice has been given. This notice shall include a description of the Township of Bern graffiti program. This description shall include methods approved for graffiti removal that do not require the use of chemicals. The notice shall be given to the owner, agent or manager of said property, structure or improvement, who shall:
(1) 
Cause the graffiti to be removed or effectively obscured.
(2) 
Provide written consent and a waiver of liability to authorize the Township or the Township's designee to remove or effectively obscure any graffiti at no cost to the property owner.
(3) 
Have the graffiti removed by the Township without the owner's consent, consistent with provisions of this chapter.
B. 
The notice may be served by:
(1) 
Handing the notice to the owner of the property in person.
(2) 
Posting the notice on or near the front door of the property that is defaced with graffiti.
(3) 
Mailing the notice to the owner of the property by first-class mail, return receipt requested.
(4) 
If the property defaced with the graffiti does not consist of a building, the notice shall be on a placard attached to a stake driven into the ground on the property.
C. 
Where property defaced by graffiti is owned by a public entity other than the Township, the Code Enforcement Officer shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the structure.
D. 
Whenever the Township becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasipublic place, the Township shall be authorized to use public funds for the removal of the graffiti or for the painting or repairing of the graffiti but shall not authorize or undertake to provide for the painting or repair of any more-extensive an area than that where the graffiti is located, unless the Code Enforcement Officer of Public Works determines, in writing, that a more-extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more-extensive area.
E. 
Prior to entering upon private property or property owned by a public entity other than the Township for the purpose of graffiti removal, the Township shall attempt to secure the consent of the property owner or responsible party and a release of the Township from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this article and the notice, or if the Township has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the Township and consistent with the terms of this section, the Township shall commence to remove or repair the graffiti without the consent of the owner.
At a hearing requested by the property owner, the owner shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the Code Enforcement Officer after the hearing shall be final and not appealable. After the hearing, if the Code Enforcement Officer determines that the property contains graffiti, the Code Enforcement Officer may order that the graffiti be abated.
A. 
Any person, form or corporation who shall violate § 114-12, Prohibited acts; exemptions, shall be, upon conviction thereof, sentenced to pay a fine of $300 for the first offense and a fine of $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days for a second or subsequent offense.
B. 
In addition to any penalty in accordance with this article, the defendant shall make restitution to the victim for damages or loss caused directly or indirectly by the defendant's offense, in reasonable amount or manner to be determined by the court.
C. 
In addition to such penalty, the court may, in imposing sentence, order the defendant to perform community service of no less than 50 hours and not to exceed 100 hours.