§ 623.17 Criminal Damage to Parks and Recreational Facilities
   (a)   No person shall without privilege to do so remove, destroy, break, injure, mutilate, deface, damage or otherwise tamper with any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, equipment, plant material or other property in, upon or about any park, parkway, or recreational facility owned and controlled by the City.
   (b)   As used in this section “recreational facility” includes playground, ballfield, tennis court, skating rink, recreation center and model airplane field.
   (c)   Whoever violates this section is guilty of criminal damage to parks and recreational facilities, a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, criminal damage to parks and recreational facilities is a misdemeanor of the first degree. In either case whoever violates this section shall be fined not less than two hundred fifty dollars ($250.00) and sentenced to not less than thirty (30) days’ imprisonment. The minimum fine to be imposed by the court for a violation of the provisions of this section is mandatory. The court shall not suspend all or any portion of said minimum fine; provided that in lieu of all or a portion of the sentence of imprisonment required hereunder, the court may require the offender to perform supervised community service work pursuant to division (H) of RC 2951.02.
   (d)   In addition to the penalty provided in division (c) of this section, whenever an unmarried child under the age of eighteen (18) violates this section, the Director of Parks, Recreation and Properties shall refer the matter to the Director of Law for civil action against the parents who have custody and control of the child, pursuant to RC 2307.70 and/or 3109.09.
(Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91; Renumbered by Ord. No. 1196-91. Passed 5-13-91, eff. 5-22-91)