(a) Vandalism of Public and Private Property. 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 the following:
(1) All real or personal property owned, leased, rented or otherwise controlled by the Federal government, the State, the City, the Township, or other political subdivisions;
(2) Public street lights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators;
(3) Telephone or telegraph wires or electric wires of any kind or other 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) Public and private real property, including but not limited to buildings, all appurtenances thereto, fences, trees, and sidewalks about such grounds.
(b) The provisions of this section are not applicable to any governmental agency, or its employees, acting within the scope of their official duties and according to law, or to any lawful owner of such premises or agent of such owners, acting according to law and so as not to create a nuisance or unsafe structure.
(c) Penalty. Whoever violates any provisions of.this section is guilty of a misdemeanor of the first degree. If the violation of any provisions of this section causes physical harm to any property in the amount of five hundred dollars ($500.00) or more, vandalism is a felony to be prosecuted under State law.
(Ord. 202-08. Passed 9-8-08.)