541.13. Criminal damage to parks, recreational facilities and public property.
   (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)   No person, without privilege to do so, shall knowingly deface, destroy, injure or otherwise damage or tamper with public property.
   (c)   As used in this section, "recreational facility" includes playground, ballfield, tennis court, skating rink, recreation center and swimming pool.
   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 days imprisonment. Imprisonment and fine under this section shall be mandatory and shall not be suspended. The court may, however, require the offender, in lieu of ten days imprisonment, to perform supervised community service work pursuant to Ohio R.C. 2951.02(H).
   (d)   In addition to the penalty provided in subsection (c) hereof, whenever an unmarried child under the age of eighteen violates this section, the Mayor 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 Ohio R.C. 2307.70 and/or Ohio R.C 3109.09.
(Ord. 370-91. Passed 5-7-91.)