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Article II. Acts Prohibited
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A. No person shall make graffiti of any type on any building, public or private, or any other property, real or personal, owned by any person, corporation, association, partnership or any public agency or instrumentality without the express written permission of the owner, manager, tenant or other responsible party.

B. No person shall possess graffiti implements in such a manner as to give rise to an inference of intent to make graffiti; and no person shall possess an aerosol paint container or broad-tipped marker in any public place including any building, park, facility or alley or on any private property where that person has no right to be unless possession is authorized or required as a part of a legitimate business or activity.

C. No minor may possess graffiti implements on any public or private property without the prior written permission of the responsible party for the property in such a manner as to give rise to an inference of intent to make graffiti.

D. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor, punishable by (1) a term of not less than one day in jail, (2) a total fine of not less than five hundred seventy-five dollars ($575.00), including all court and jail surcharges and fees, and (3) not less than 40 hours community service involving participation in the removal of graffiti, or other activities as directed for the purpose of removing refuse or debris and other related activities intended to remove or abate visible blight, damage or nuisance elements from public or private property within the city. In addition to any other punishment, the court shall order restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense, or to any person or entity including a political subdivision that has incurred expense to repair or abate such damage, in an amount to be determined by the court. In the event the defendant charged is a minor, his or her parents or other persons with whom he or she resides or who have custody over such minor shall be likewise cited and shall also be subject to the fines provided herein. [Ord. 10-03 § 1; Res. 10-13 § 1; Code 2004 § 19-11.]