A. No person may apply graffiti to any natural or humanmade surface on any publicly owned property or any privately owned property without the written consent of the responsible party. The application of graffiti is deemed to be an act of malicious or wilful misconduct.
B. No person may possess aerosol paint containers, broad tipped markers, etching equipment, or any other graffiti implements on any public property, structure or facility, or any private property without prior written permission of the lawful responsible party for the property. The provisions of this subsection do not apply to minors possessing such implements for classes or organized extracurricular activities that require the use of such implements and whose use is limited to legitimate activities.
C. No minor may possess aerosol paint containers, broad tipped markers, etching equipment, or any other graffiti implements on any public property, structure or facility, any school property, structure or facility, or any private property without the prior written permission of the lawful responsible party for the property. The provisions of this subsection do not apply to minors possessing such implements for classes or organized extracurricular activities that require the use of such implements and whose use is limited to legitimate activities.
D. A person convicted of a violation of subsection A or B of this section is guilty of a class 1 misdemeanor punishable by a term of not less than one day in jail, a total fine of five hundred seventy five dollars ($575.00), including all court surcharges and fees, and not less than forty (40) hours community service involving participation in the removal of graffiti within the city of Eloy. In addition to any other punishment, the court shall order restitution to the victim of damage or loss caused directly or indirectly by the defendant's offense, or to any person or entity including a political subdivision that has incurred expense to repair or abate such damage, in an amount to be determined by the court. A violation of subsection C of this section is a class 1 misdemeanor and will be punished as provided for in title 8, Arizona Revised Statutes. In exchange for an increased community service requirement, a judge may suspend any part or all of the imposition of any fine or jail term required by this section. (Ord. 07-704 § 1, 7-23-2007)