Section
132.01 Damaging/defacing property
132.99 Penalty
EDITOR’S NOTE:
This chapter contains references to those sections of state law which prohibit the most common offenses against property. These citations are intended only as convenient references. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.
OFFENSE | IC SECTION |
OFFENSE | IC SECTION |
ARSON | 35-43-1-1 |
AUTO THEFT | 35-43-4-2.5 |
BURGLARY | 35-43-2-1 |
CONVERSION BY BORROWER | 35-43-4-3.5 |
CRIMINAL CONVERSION | 35-43-4-3 |
CRIMINAL MISCHIEF | 35-43-1-1 |
CRIMINAL TRESPASS | 35-43-2-2 |
DEFRAUDING CREDITORS | 35-43-5-4 |
FORGERY | 35-43-5-2 |
FRAUD | 35-43-5-4 |
LITTERING | 35-45-3-2 |
RECEIVING STOLEN PROPERTY | 35-43-4-2 |
ROBBERY | 35-42-5-1 |
THEFT | 35-43-4-2 |
Elements of evidence: | |
Alteration of retail prices | 35-43-4-4 (b) |
Failure to return rented property | 35-43-4-4 (f) |
Insufficient fund checks | 35-43-4-4 (e) |
Shoplifting | 35-43-4-4 (c) |
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DAMAGE." Damage, deface, deform, mar, disfigure, displace, tamper with, mark, paint or injure.
"DEFACE." Deform, mar, disfigure, displace, tamper with, mark, paint, injure or damage.
"LEGAL GUARDIAN." A person appointed personal guardian by order of a court of competent jurisdiction, or a person awarded legal custody of a minor child by a court of competent jurisdiction.
"PARENT." The natural mother or father of a minor child under the age of 18 years; the adoptive mother or father of a minor child under the age of 18 years; the step-mother or step-father of a minor child under the age of 18 years; a person acting in loco parentis for a child under the age of 18 years; or a legal guardian appointed by a court of competent jurisdiction for a minor child under the age of 19 years.
"PERSON." Any natural person.
"PROPERTY." Real estate, including any and all improvements thereon; the term shall further mean and include tangible personal property and public art, without regard to whether the property is public or privately owned.
"PUBLIC ART." Any authorized image, impression, statue, display, or exhibit which may be displayed, placed, presented or erected on any public way or property in the town which is intended to be art, or to promote or evoke and present a feeling, idea, promotion or the like.
"TOWN." The Town of Cedar Lake, Lake County, Indiana.
(B) Prohibition. No person may damage and/or deface any property, including public art, within the municipal corporate boundaries of the town.
(C) Contractors and authorized agents - exceptions. This section shall not apply to persons, agents, contractors or others hired or duly authorized by the lawful owner of property to perform work thereon.
(D) Nuisance. Any person who violates division (B) of this section shall be deemed and identified as maintainer of a public nuisance, and all remedies, under applicable law, whether statutory or otherwise, may be exercised and utilized by the town in enforcement hereof.
(Ord. 944, passed 2-21-06) Penalty, see § 132.99
(A) Fine.
(1) Any person who shall violate any provisions of § 132.01(D) shall be liable for a fine as set forth in division (2) below. It is specifically provided that the act of damaging and/or defacing property, including public art, at different locations on the same day, or the act of damaging and/or defacing different items of property at the same location on the same day, shall constitute separate and distinct violations of § 132.01(B). Each such separate act shall be deemed a separate offense and violation.
(2) (a)First violation shall be a minimum fine not less than $500.
(b) Second violation shall be a minimum fine not less than $100.
(c) Third and subsequent violation shall be a minimum fine not less than $2,000.
(B) Parents and legal guardians. The parent, parents or legal guardians of a person who violates § 132.01(B) and who is less than 18 years of age at the time of a violation or violations, shall be deemed to have violated § 132.01(B) and, if made a party defendant to any enforcement action taken pursuant to § 132.01, shall be jointly and severally liable for any penalties which may be imposed therein for violation thereof.
(Ord. 944, passed 2-21-06; Am. Ord. 986, passed 3-6-07)