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Graffiti contributes to the deterioration of property values, unsightliness and general disorder in a community. Recognizing this community problem, the purpose of this Part is to promote safety and general welfare of the residents/citizens of the City by helping to create a graffiti-free environment.
As used in this Part, the following terms shall have the meanings indicated:
DIRECTOR — The Director of the Department of Public Works.
GRAFFITI —
A. Any inscription, work, symbol, figure, making or design, including but not limited to tags, throw-ups and pieces, that is marked, etched, scrawled, stained, drawn or painted 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 improvement 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 City 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 Part 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 material 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 3/8 of an inch or greater and contains ink that is not water soluble.
MINOR — Any person under the age of 18 years.
PAINT STICK or GRAFFITI STICK — Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substances 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 laws of the City of Reading as set forth in the Code of the City.
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. It shall be unlawful for any person to commit any overt act resulting in or attempting to result in an application of graffiti.
B. 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.
C. 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 Part, as herein defined, either by words, overt act or by failing to act.
D. 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 materials, ladders, lookouts, materials or assistance, or who knowingly supplies funds to acquire such materials for such purposes.
E. 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.
F. It shall be unlawful for any person under the age of 18 to have in their 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 not in any automobile, vehicle or other means or method of conveyance.
G. It shall be unlawful for any person to have, in his or her possession, a graffiti implement while in any public park, playground, swimming pool, recreational facility (other than highway, street, alleyway or sidewalk) except authorized employees of the City of Reading or an individual or authorized employee of an individual or company under contract with the City of Reading.
H. 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 or his lawful agent.
This prohibition shall not apply to a child using paint or a marker while under the immediate supervision of their parent or legal guardian, a student under direct supervision of their teacher or an employee using paint or a maker at the direction and under the supervision of their employer.
A. Wherever a public officer becomes aware of the existence of graffiti on any property, structures or improvements within the City that is visible to the public, the Director, upon such discovery, shall give or cause to be given, notice to remove or effectively obscure such graffiti within five days from receipt of any notice given by the City, and will then inform the Director that such notice has been given. This notice shall include a description of the City of Reading 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 waiver of liability to authorize the Director to remove or effectively obscure any graffiti at no cost to the property owner.
(3) Have the graffiti removed by the City without the owner's consent, consistent with provisions of this Part.
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) 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 City, the Director 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 City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the City 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 Director 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 City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City 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 chapter and the notice, or if the City 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 City and consistent with the terms of this section, the City shall commence to remove or repair the graffiti without the consent of the owner.
F. Section 302.9 of the International Property Maintenance Code shall govern unless the property owner or responsible party shall consent and release the City from liability for purposes of graffiti removal.1,2
1. Editor's Note: See Ch. 180, Construction Codes, Part 13, International Property Maintenance Code.
2. Editor's Note: Added during codification (see Ch. 1, General Provisions, Part 2).
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