(a) As used in this section:
(1) Graffiti means any inscription, word, figure, marking or design that is marked, etched, scratched, drawn, tagged or painted on any premises, including buildings, structures, fixtures, fences, gates, rocks, trees, walls or other improvements, whether permanent or temporary, whether public or private, which defaces, damages, or destroys any public or private, real or personal property, without the privilege to do so.
(2) Graffitism means the act of defacing, damaging, or destroying any public or private, real or personal property, without the privilege to do so by inscription, word, figure, marking or design that is marked, etched, scratched, drawn, tagged or painted on any premises, including buildings, structures, fixtures, fences, gates, rocks, trees, walls or other improvements, whether permanent or temporary, visible to the public
(3) Spray Paint means any packaged in an aerosol container.
(4) Wide-tipped marker means any indelible marker or similar implement with a tip which, at is broadest width is a quarter inch or greater.
(b) No person, without privilege to do so, shall place graffiti upon any public or private, real or personal property.
(c) Penalty.
(1) Whoever violates division (b) of this section, is guilty of graffitism, a misdemeanor of the 3rd degree.
(2) In addition to any other punishment imposed, the court may, as a separate and independent penalty for an offense, order any person convicted of graffitism to make restitution by monetary payment for the loss or damage incurred, or restoration by physical labor to the property's former condition; and to perform community service work removing graffiti from public or private, real or personal property.
(3) Possession of all rights to any paint, brush, spray paint, wide-tipped marker or other material or tool used in the commission of the offense of graffitism, shall be forfeited and disposed.
(Ord. 66-21. Passed 9-7-21.)