(A) Genetally. No person shall deface property owned by the city or leased to the city or property privately owned or privately leased and situated in the city by marking, staining, painting, cutting, writing upon or by otherwise defacing any such property.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEFACE. Shall include, but not be limited to deform, mar, disfigure, displace, tamper or damage.
LEGAL GUARDIAN. A person appointed guardian or a person given legal custody of a minor child by a court.
PARENT. The lawful mother or father of a minor child (under 18 years of age), whether by birth or adoption.
PROPERTY. Both real estate, including improvements thereon, and tangible personal property.
(C) Exception. This section shall not apply to agents or employees of the city or to contractors hired by the city who are authorized by the city to work on property owned by or leased to the city. This section shall not apply to agents or employees of the owner or lessee or to contractors hired by the owner or lessee who authorized by the owner or lessee to work on owner’s or lessee’s property. This section shall not prohibit the posting of notices required by law to be posted and otherwise legally posted.
(D) Violations and penalties.
(1) Whoever violates any provisions of this section shall be subject to a fine set forth in § 131.99 for each offense. A separate offense shall be deemed to be committed when public property or private property situated within the city is defaced in different locations or on different days. In addition to the fine set forth in § 131.99, whoever violates any provisions of this section shall be personally liable to the city for the actual damages to the city arising from the defacing of public property. Actual damages to the city may be measured by the cost to repair or replace the public property involved.
(2) In the event the violator of this section is less than 18 years of age, then the parent or legal guardian of the violator shall be liable for the violator’s fine as well as actual damages resulting from the defacing of public property if the parent has custody of the child and the child is living with the parent or in the case of a legal guardian if the guardian has custody of the child and the child is living with the parent. The parent or legal guardian of that violator must be made a party defendant in all enforcement proceedings against the violator.
(Prior Code, § 131.18) (Ord. 7709, passed 7-26-1994) Penalty, see § 131.99