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(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)
(a) It shall be unlawful for any person under the age of eighteen (18) years to purchase an aerosol container of paint that is capable of defacing property.
(b) It shall be unlawful for any person under the age of eighteen (18) to possess or to have under his or her control an aerosol container of paint that is capable of defacing property.
(c) It shall be unlawful for any person under the age of eighteen (18) years to possess or to have under his or her control an aerosol container of paint with purpose to deface property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.
(d) Subsection (b) hereof does not apply to the possession of an aerosol paint container by a person under the age of eighteen (18) in the circumstances described in subsections (c) and (d) of preceding Section 623.101.
(e) Whoever violates this section is guilty of unlawful purchase or possession of an aerosol container of paint, a misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)
(a) No person shall tear down, remove, destroy, cover up, mutilate, obliterate or otherwise injure any proclamation or official notice, any sign or handbill, notice, poster or advertisement containing a notice of any meeting, lecture, theater, show, play or concert, or any public or private sale of property until after they have served the purpose for which they were put up. This section does not prevent any person owning or controlling billboards used for advertising purposes from changing or removing advertisements or notices which he or she may post thereon, or prohibit any owner from removing advertisements or notices placed or remaining on his or her property without his or her consent.
(b) Whoever violates this section is guilty of defacing and removing signs, a misdemeanor of the fourth degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
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