(A) A person, other than a burial right owner or his or her representative, heir at law, or a person having care, custody, or control of a cemetery pursuant to law, a contract, or other legal right, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead, or a fence, railing, curb, or other thing intended for the protection or for the ornament of any tomb, monument, gravestone, or other structure described in this section or any other enclosure for the burial of the dead and shall not willfully destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.
(B) Prosecution under division (A) may commence upon complaint by the burial right owner or his or her representative, heir at law, or person having care, custody, or control of a cemetery, tomb, monument. gravestone, or other structure or thing described in division (A).
(C) If the total amount of damage is less than $200, a person who violates division (A) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the amount of damage, whichever is greater, or both imprisonment and a fine.
(D) The amounts of damage in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated in determining the total amount of damage.
(Ord. 99-029, passed 2-28-00) Penalty, see § 130.99