Minors Could be Banned from Buying Spray Paint, Markers

You need ID to buy cigarettes, alcohol, and soon, spray paint. 

At least in Hatboro anyway.

The Hatboro Borough Council on Monday approved the first reading of an ordinance, which if enacted on Aug. 12, would prohibit minors from possessing "graffiti implements" including aerosol paint containers or broad-tipped indelible markers and forbidding them to buy the materials.

In addition, every Hatboro store owner that sells such materials would be required to place a sign "in clear public view at or near the display of such products" stating that anyone caught "defacing real or personal property will be subject to arrest and prosecution."

Besides its section aimed at keeping graffiti instruments out of the hands of kids, the council last month began talking about modeling its graffiti ordinance after other towns, which levy fines against property owners who fail to remove graffiti.

On Monday night, Michael Gorn, who is running for a seat on borough council, asked if the borough's homeowners and business owners would be charged–a daily fine of up to $350–for failure to remove graffiti within a 30-day time period. 

Council President John Zygmont said, "it will apply to all properties in the borough."

Victims of graffiti would receive a notification from the borough and would have 30 days from the date of the notification to remove or cover over the graffiti, according to the proposed ordinance.

"You’re basically penalizing the victim," Gorn said. 

"Penalizing the victim that doesn’t maintain their property," Zygmont said. "The intent here is not to come down on residents, but to take care of a problem that was brought to us."

Zygmont said Hatboro Police Chief James Gardner has had discussions with Elm Street Hatboro–a community group focused on the Jacksonville Road corridor–about providing help for people who might not be able to afford the cost of graffiti removal. 

If the culprit is caught, Zygmont said it would be the criminal's responsibility to remove the graffiti. If the person is not caught, the responsibility would shift to the property owner, he said. 

Property owners can also file a claim on their building's insurance policy to cover the cost, Zygmont said. With that option, the person would only need to cover the insurance deductible, according to Zygmont. 

And, if the person is caught after the graffiti is already covered, Zygmont said the property owner could recoup restitution and the deductible expense. 

Borough attorney Christen Pionzio said the ordinance is meant for the "betterment of the community."

"As homeowners we’re required to maintain our property," Pionzio said.