[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 3-20-1995 by Ord. No. 798. Amendments noted where applicable.]
No person shall destroy, damage or deface in any way public or private real property, whether occupied, vacant and/or abandoned, including any:
Public or private buildings, fences or trees.
Public streetlights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators.
Telephone or telegraph wires or electric wires of any kind, or the poles sustaining or attaching them.
Statues, monuments or plaques.
Official notices or signs posted by the commonwealth, the Board of Public Education, the county, the city or any public agency.
In the event that the prohibited conduct is a violation of Pennsylvania Statutes (18 P.S. § 3304, Criminal Mischief; 18 P.S. § 3307, Institutional Vandalism; or 18 P.S. § 5509, Desecration of Venerated Objects), such Pennsylvania Statute shall supersede this chapter.
[Amended 4-16-2001 by Ord. No. 852]
Any owner, agent or trustee of any industrial, commercial or residential property, which property has been defaced by the affixing of obscene or improper matter or signs, symbols or language of the kind in the category commonly known as "graffiti," shall, upon notification from the Bureau of Building Inspection, remove such obscene or improper matter or signs, symbols or language within a period not to exceed 10 days.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- INDELIBLE MARKER
- Any felt-tip marker, china marker or single device that is not water soluble and which has a flat or angled writing surface of one-half (1/2) inch or greater.
- Any individual or retail establishment.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall be subject to a fine not exceeding $1,000, plus costs of prosecution, and, in default of payment of said fine or costs, shall be subject to a term of imprisonment not exceeding 30 days.
In lieu of making a disposition with regard to a violation of § 126-1, a District Justice may admit any person charged with violating the provisions of said section to an adjudication alternative approved by the Court of Common Pleas of Allegheny County and the Allegheny County District Attorney's Office. Such adjudication alternative shall be a program of community service up to 100 hours supervised by the Department of City Planning. In addition, the conditions of the adjudication alternative may include the imposition of costs and restitution, the imposition of a reasonable charge relating to the expense of administering the program and other conditions agreed to by the offender. If such person refuses to accept the conditions imposed or fails to complete the program without good cause, the District Justice shall proceed on the charges as provided by law.
In any proceeding where a person under the age of 18 years is found to violate any provision of § 126-1, the District Justice shall ascertain the amount sufficient to fully reimburse any party or parties who has or have suffered damage because of the act of the child, and direct the parents of such child to pay restitution to the victim or victims in an amount not to exceed the maximum amount permissible under existing state law.
The City Controller is hereby authorized and directed to establish a special trust fund known as the "Graffiti Trust Fund" for the receipt and deposit of private sector contributions and the fines resulting from violations of this chapter. Such funds shall be used specifically for rewards and public awareness programs.
Such rewards shall be granted from the Department of Public Safety Community Crime Prevention Trust Fund, the Graffiti Trust Fund or such other fund or code account within the Department of Public Safety as the Director of Public Safety shall deem appropriate.