§ 9-2-15. Graffiti prohibited.

(a)

[Prohibited.] It shall be unlawful for any person to apply, attempt to apply, conspire to apply, solicit or command other person to apply; or aid or abet another person in planning or applying graffiti to any public or private property, real or personal.

(b)

Definitions. For the purposes of this article, the following words shall have the meanings respectively ascribed to them in this section, except where the content clearly indicates a different meaning:

Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, glued or engraved on or otherwise affixed to any surface of public or private property by any means whatsoever to the extent that the graffiti was not authorized in advance by the owner or occupant of the property; or, despite advance authorization, is otherwise deemed a public nuisance by council.

Person means any individual, partnership, corporative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.

(c)

Penalties.

(1)

Fines and imprisonment. Any person violating this article shall be punished by a fine up to $1,100.00, and/or imprisonment for a term not to exceed 30 days, or both by fine and imprisonment at the discretion of the court.

(2)

Restitution. In addition to any punishment specified in this section, the court may order any violator to make restitution to the victim for damages or loss directly or indirectly caused by the violator's offense in the amount or manner determined by the court.

(3)

Community service. In lieu of, or as part of, the penalties specified in this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements:

a.

The minor or adult shall perform at least 30 hours of community service.

b.

At least one (1) parent or guardian of the minor shall be in attendance a minimum of 50 percent of the period of assigned community service.

c.

The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police.

d.

Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.

e.

Any minor determined to be a ward of the court under 17 years of age [state law] as a result of committing an offense in the city shall be required, at the city's option, to perform community service, including graffiti removal service of not less than 30 hours nor more than 80 hours. (Ord. No. 2008-10-27(B), 10/27/08)