(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)