541.14 GRAFFITI PREVENTION, PROHIBITION AND REMOVAL.
(a) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
(1) "Minor" means any individual under the age of 18 years of age.
(2) "Graffiti" means any inscription, design, word, figure or mark of any type drawn, marked, painted, tagged or written upon any building, bridge, fence, gate, rock, structure, tree, wall or other property visible to the public which defaces, damages or destroys any public or private, real or personal property, without the privilege to do so.
(3) "Graffiti implement" means either of the following:
A. "Spray paint" any paint packaged in an aerosol container.
B. "Broad-tipped indelible marker" any felt-tipped marker or similar implement which contains a fluid which is not soluble in water and has a flat or angled writing surface of a width of one-half inch or greater.
(b) Graffiti Prohibition. It shall be unlawful to deface, damage or destroy any public or private, real or personal property, without the privilege to do so, by drawing, marking, painting, tagging or writing any inscription, design, word, figure or mark of any type on any building, bridge, fence, gate, rock, structure, tree, wall or other property visible to the public.
(c) Prohibition of Graffiti Implements in Designated Public Areas. It shall be unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility or other public building owned or operated by the City or while in or within one hundred feet of any underpass, bridge, abutment, storm drain or similar types of infrastructure with the intent to violate subsection (b) hereof or unless otherwise authorized by the City of Youngstown.
(d) Limiting Access by Minors to Graffiti Implements. It shall be unlawful for any person, other than a parent or legal guardian, to sell exchange, give, loan or otherwise furnish or cause to permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to any minor without the consent of the parent or other lawfully designated guardian, which consent will be given in advance in writing.
(e) Display of Sale Requirements.
(1) Every person who own, conducts, operates or manages a retail commercial establishment selling graffiti implements shall display and store or cause such implements to be displayed and stored in areas which may be viewable by, but shall not be accessible to the public without employee assistance, pending legal sale or disposition of such implements.
(2) Civil responsibility for damages for wrongful display or storage. Any person who display or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, or such parties' prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of the provisions of any of the provisions of this section.
(f) Rewards.
(1) The City will pay to any person who provides information which leads to the arrest and conviction of any person who applies any drawing, inscription, figure or mark of the type which is commonly known and referred to as "graffiti" to any wall, rock, bridge, building, fence, gate, other structure, tree or other real or personal property, a reward in the amount of two hundred fifty dollars ($250.00).
(2) The reward shall be paid to the person who provides such information immediately upon the conviction of the person so arrested.
(g) Penalties. In addition to any other punishment imposed, the court may, as a separate and independent penalty for such offense, order any person convicted of graffitism to make restitution by monetary payment for the loss or damage incurred, or restoration by physical labor to the property's former condition.
(h) Violations.
(1) Whoever violates or fails to comply with subsection (b) hereof is guilty of a third degree misdemeanor. If the offender has previously been convicted of or has pleaded guilty to one or more violations of subsection (b) hereof, the violation is a misdemeanor of the second degree. If the offender previously has been convicted of or has pleaded guilty to two violations of subsection (b) hereof, the violation is a misdemeanor of the first degree.
(2) Whoever violates or fails to comply with subsection (c) hereof is guilty of a minor misdemeanor. If the offender previously has been convicted of or has pleaded guilty to one or more violations of subsection (c) hereof, the violation is a misdemeanor of the fourth degree. If the offender previously has been convicted of or has pleaded guilty to two violations of subsection (c) hereof, the violation is a misdemeanor of the third degree. If the offender previously has been convicted of or has pleaded guilty to three or more violations of subsection (c) hereof, the violation is a misdemeanor of the first degree.
(3) Whoever violates or fails to comply with subsection (d) hereof, is guilty of a minor misdemeanor. If the offender previously has been convicted of or has pleaded guilty to one or more violations of subsection (d) hereof, the violation is a misdemeanor of the fourth degree. If the offender previously has been convicted of or has pleaded guilty to two violations of subsection (d) hereof, the violation is a misdemeanor of the third degree. If the offender previously has been convicted of or has pleaded guilty to three or more violations of subsection (d) hereof, the violation is a misdemeanor of the first degree.
(4) Whoever violates or fails to comply with any other provision of this section is guilty of a minor misdemeanor. Each day the violation continues shall constitute a separate offense. If the offender previously has been convicted of or pleaded guilty to one violation of this section, the violation is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, the violation is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, the violation of this section is a misdemeanor of the first degree. (Ord. 95-84. Passed 3-22-95.)