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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 95, GRAFFITI

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 5-11-1995 by Ord. No. 1749. Amendments noted where applicable.]

GENERAL REFERENCES

Housing standards -- See Ch. 98.

Loitering -- See Ch. 104.

95-1. Intent; purpose.

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.

95-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BROAD-TIPPED INDELIBLE MARKER -- 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.

GRAFFITI -- 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.

MINOR -- A person who has attained 11 years of age, but who has not yet reached 18 years of age.

OWNER -- 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.

PERSON -- Includes any individual, firm, partnership, association, corporation, company or organization of any kind.

PROPERTY -- Includes any real estate, including improvements thereon, and tangible property.

95-3. Prohibited activities.

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.

95-4. 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:

A. 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 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.

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:

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.

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.

95-5. Graffiti removal.

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.

95-6. Violations and penalties.

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.