§ 14-2. Defacing or damaging property—General.

(a)

Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Broad-tipped, indelible marker shall mean 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 of one-half inch or greater.

Graffiti shall mean any writing, drawing, painting, inscription, figure, or maker [marker] of any type upon any structure, public or private, or upon other property, real or personal, that has been made without the consent of the owner of the property.

(b)

Unlawful conduct. It shall be unlawful for any person to deface or damage, by any means, the property of another without the consent of the owner of such property. Defacing or damaging property of another shall include, but not be limited to, any conduct or action that mars, defaces, damages, or destroys by writing, painting, or drawing graffiti.

(c)

Use and possession of certain paint and markers prohibited. No person shall use, carry, possess, or control any aerosol spray paint can or broad-tipped, indelible marker for purposes of violating and/or with the intent to violate the provisions of the subsection (b).

(d)

Penalty. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor of the second degree and subject to punishment as prescribed by state law. For purposes of this section, a separate offense shall be deemed to have been committed for each application of graffiti.

(e)

Reward for assisting with arrest and conviction. Any person who gives information leading to the arrest and conviction of any person for violations of this section and who testifies in the prosecution of the violator shall be eligible, after all appeals have been exhausted, to receive a reward of up to $100.00 from the county; except that no employee of the county shall be eligible for such award. The amount to be awarded, if any, shall be in the sole discretion of the county.

(Ord. No. 98-01, § 1, 1-8-98)

Editor's note

Ordinance No. 98-01, adopted January 8, 1998, did not specifically amend the Code; hence, codification of §§ 1, 2 of said ordinance as §§ 14-2, 14-3 was at the discretion of the editor.