[HISTORY: Adopted by the Board of Commissioners of the Township of
Abington 5-11-1995 by Ord. No. 1749. Amendments
noted where applicable.]
It is the intent and purpose of this chapter to address the problem
of graffiti in Abington Township. Graffiti is the ultimate symbol of urban
decay and a 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.
As used in this chapter, the following terms shall have the meanings
indicated:
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
1/2 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 without authorization is marked, written, drawn, painted,
scratched or affixed directly to or upon any object or structure.
A person who has attained 11 years of age, but who has not yet reached
18 years of age.
Any and all persons with legal and/or equitable title to real property
in Abington 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.
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. 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.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol containers of spray paint or broad tipped indelible
markers shall:
A.
Place a sign in clear public view at or near the display
of such products stating:
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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 SUMMARY
OFFENSE PUNISHABLE BY A FINE NOT TO EXCEED THREE HUNDRED DOLLARS OR IMPRISONMENT
NOT TO EXCEED THIRTY DAYS OR BOTH. PUNISHMENT MAY BE IN THE FORM OF SIXTEEN
HOURS OF COMMUNITY SERVICE OR CLEANUP AT THE DISCRETION OF THE DISTRICT JUSTICE.
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B.
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 LAW TO SELL AEROSOL CONTAINERS OF SPRAY PAINT
OR BROAD TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE PUNISHABLE
BY A FINE NOT TO EXCEED THREE HUNDRED DOLLARS OR IMPRISONMENT NOT TO EXCEED
THIRTY DAYS OR BOTH. PUNISHMENT MAY BE IN THE FORM OF SIXTEEN HOURS OF COMMUNITY
SERVICE OR CLEANUP AT THE DISCRETION OF THE DISTRICT JUSTICE.
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C.
Store or cause such aerosol containers or marker pens
to be stored either in the direct line of sight from the cash register work
area or any other work area that is normally continuously occupied while the
store is open, or in a place not accessible to the public in the regular course
of business without employee assistance, pending legal sale of such marker
pens or paint containers.
Upon written notification by the township, the owner or occupant of
property upon which graffiti has been illegally placed shall be requested
to remove the graffiti within 15 calendar days from the date of the notice.
The township will supply the property owner with information and methods of
removal upon request.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction before any District Justice, be fined not less
than $100 nor more than $300; and, furthermore, the violator 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. Such
courts may also, at their discretion, require community service to offset
the costs of removal or cleanup.
