§ 38-102. Possession of graffiti materials prohibited.

(a)

It shall be unlawful for any person to possess graffiti materials.

(b)

A person possesses graffiti materials when they possess any paint, marking pen, materials, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they intend to use the thing possessed in the commission of such offense, or know that some other person intends to use the thing possessed in the commission of such an offense.

(c)

Defacing as used in subsection (b) above shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching or scribbling upon any wall or surface owned, operated or maintained by any person or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching or scribbling.

(d)

Persons convicted of violating and persons pleading guilty or nolo contendere to violation of subsection (a) shall be required to perform the following number of hours of useful public service and pay a fine of at the least the following amount:

First offense	Ten (10) hours	$100.00
Second offense	Twenty (20) hours	200.00
Third offense	Thirty (30) hours	300.00

 

The court shall have the authority to suspend any fine in excess of one hundred dollars ($100.00) only when it orders a person convicted of violating subsection (a) to perform useful public service in excess of the number of hours stated, and credits the dollar amount earned through such public service toward payment of such fine. The person shall be paid at the standard hourly rate for such public service as established by the rules and regulations of the court. Useful public service shall be considered work which is beneficial to the public and which involves a minimum of public cost. Any sentence to perform useful public service entered pursuant to this section shall be structured to allow the minor to continue regular school attendance.

(Ord. No. 424-95, § 2, 6-12-95; Ord. No. 677-07, § 4, 11-19-07)