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(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle or otherwise injure a vine, bush, shrub, sapling, tree or crop standing or growing on the land of another or upon public land.
(b) Whoever violates this section is liable in treble damages for the injury caused.
(RC 901.51)
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 901.99(A); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:
(1) The flag of the United States or of this State;
(2) Any public monument;
(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery thing or site of great historical or archeological interest;
(4) A work of art or museum piece;
(5) Any other object of reverence or sacred devotion.
(b) Whoever violates this section is guilty of desecration. A violation of this section is a misdemeanor of the second degree.
(RC 2927.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person shall purposely destroy, injure or deface any vacant building or structure or units therein, or purposely remove therefrom any interior or exterior fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units therein.
(b) No person shall purposely attempt to destroy, injure or deface any vacant building or structure or units thereon, or purposely attempt to remove therefrom any fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units thereon.
(c) The provisions of this section are not applicable to any governmental agency, or its employees, acting within the scope of their official duties and according to law, or to any lawful owner of such premises or agent of such owners, acting according to law and so as not to create a nuisance or unsafe structure.
(d) Notwithstanding the provisions of Section 601.99(a), whoever violates this section shall be guilty of vandalism of vacant buildings and structures, a first- degree misdemeanor and fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00) and imprisoned not less than thirty (30) days nor more than one hundred and eighty (180) days.
If the person has been previously convicted of violating this section he or she shall receive the mandatory maximum sentence and be fined one thousand dollars ($1,000.00) and imprisoned one hundred and eighty (180) days.
No portion of the minimum sentences imposed by this section shall be subject to reduction in any manner.
(Ord. No. 1965-06. Passed 12-11-06, eff. 12-15-06)
(a) No person shall wilfully or maliciously defile, mar, injure, deface, mutilate, sit or walk upon any portion of, or deposit or throw any object into or at the War Memorial Fountain.
(b) Whoever violates this section is guilty of war memorial vandalism a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No person shall purposely mar, injure, deface, damage or otherwise physically mistreat the Police Memorial or Firefighter Memorial.
(b) Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.
(Ord. No. 1569-01. Passed 8-15-01, eff. 8-24-01)
(a) No person shall intentionally, maliciously or recklessly destroy, damage or deface in any way any public or private property by the use of spray paint or any other paint or any other similar substance. Public or private property shall include, but not be limited to, the following:
(1) Public or private buildings, including sidewalks about such grounds and all appurtenances thereto, fences or trees;
(2) Public street lights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators, waste containers, and noise walls;
(3) Telephone or telegraph wires or electric wires of any kind or the poles sustaining or attaching thereto;
(4) Statues, monuments or plaques;
(5) Official notices or signs posted by the State, the City or any other public agency;
(6) Any property, including vehicles, seats, equipment, buildings, and bus stops owned by the Regional Transit Authority or any other public transportation system.
(b) (1) Whoever violates this section is guilty of spray painting property, a misdemeanor of the first degree.
(2) In addition to any other penalty imposed, as a separate and independent penalty, whoever violates this section shall be ordered to either, (i) make restitution by monetary payment for the loss or damage incurred on the property at that location where the offender committed the violation or, (ii) at his or her own cost, remove the spray paint from the property at that location where the offender committed the violation and to restore by physical labor the property to its former condition; and, also at his or her own cost, to perform one hundred (100) hours of community service removing spray paint from other public or private property.
(Ord. No. 167-13. Passed 4-15-13, eff. 4-19-13)
(a) (1) It shall be unlawful for any person, firm, or corporation to sell to another person, who is under the age of eighteen (18) years, any aerosol container of paint that is capable of defacing property without first obtaining bona-fide evidence of majority and identity.
(2) It shall be unlawful for any person, firm, or corporation to furnish or give to another person, who is under the age of eighteen (18) years, any aerosol container of paint that is capable of defacing property.
(b) For purposes of this subdivision, “bona-fide evidence of majority and identity” is any document evidencing the age and identity of an individual which has been issued by a federal, state or local governmental entity, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces.
(c) Subsection (a)(2) hereof shall not apply to the furnishing of an aerosol container of paint to a minor for the minor’s use or possession while engaged in a lawful activity under the supervision and control of the minor’s parent, guardian, teacher or employer.
(d) Subsection (a)(2) hereof shall not apply to aerosol containers of paint or related substances that are furnished for use in school-related activities as part of the instructional program when used under the control and supervision of a teacher, instructor or other adult supervisor for such activities, either within the classroom or on the site of a supervised project. These containers shall be inventoried by the teacher, instructor, or adult supervisor upon completion of the activity or project.
(e) After thirty (30) days from passage of this section, all retail businesses within the City of Cleveland that sell or offer for sale aerosol containers of paint shall post in a conspicuous area near such containers a notice that states:
“WARNING: SALE OF SPRAY PAINT TO
MINORS PROHIBITED”
“1) It is unlawful in the City of Cleveland for any person under the age of eighteen (18) to purchase an aerosol container of paint.”
“2) It is unlawful in the City of Cleveland for any person under the age of eighteen (18) to possess or to be furnished with an aerosol container of paint, except while engaged in a lawful activity under the supervision and control of a parent, guardian, teacher, or employer.”
(f) After thirty (30) days from passage of this section, whoever violates subsection (e) hereof is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).
(g) Whoever violates subsections (a)(1) or (a)(2) hereof is guilty of selling or furnishing an aerosol paint container to a minor, a misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)
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