Sec. 94-81. Defacing property.
(a) It shall be unlawful for any person to knowingly or recklessly deface, cause to deface, or permit the defacing of public or private property without the consent of the owner by any method, including but not limited to, painting, drawing, scratching, inscribing, or writing, by use of paint, spray paint, markers, ink, or any other method of defacement.
(b) Any person who enters a plea of guilty, no contest, or is convicted of violating this section shall, in addition to any sentence of jail, be ordered to pay a fine of at least the following amount:
(1) First offense within a 12-consecutive-month-period .....$250
(2) Second offense within a 12-consecutive-month-period .....400
(3) Third and subsequent offenses within a consecutive 12-month-period .....650
The court shall have the authority to suspend these fines only when it orders such defendant to perform, and the defendant does perform useful community service. The court shall establish a dollar amount for each hour of community service to be performed and shall credit the amount earned toward payment of the fine imposed when the community service is completed.
(c) There is hereby created a defaced property abatement account within the City's abatement fund, to be kept separate and from all other accounts and funds, which shall be under the control and supervision of the director of the neighborhood services department, or his or her designee. All fines imposed and collected for violations of this section shall be deposited into this account.
(d) Distribution of any money from this account shall be in accordance with regulations prescribed by the director of the neighborhood services department for the sole purpose of assisting in the abatement of defaced property within this city. (Ord. No. 96-72, § 1, 12-30-1996)