§ 23.06 — DAMAGE TO PROPERTY

23.06 - DAMAGE TO PROPERTY.

(1) Definitions. In this section: (a) "Intentionally" shall mean that the actor either has a purpose to do the thing or cause the result specified, or is aware that their conduct is practically certain to cause that result. In addition, the actor must have knowledge of those facts which are necessary to make their conduct unlawful and which are set forth after the word "intentionally". (b) "Graffiti" shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scrawled, painted, drawn or otherwise placed on any surface of a building, wall, fence, sidewalk, curb or other structure on public or private property which have the effect of defacing the property, but shall not include scratchiti as defined in Section 23.065. (Am. by ORD-06-00032, 4-7-06) (2) It shall be unlawful for any person to intentionally cause damage to any physical property of another without the person's consent. (3) If more than one item of property is damaged under a single intent and design, the damage to all of the property may be prosecuted as a single offense. (4) In any case of unlawful damage involving more than one act of unlawful damage, but prosecuted as a single offense, it is sufficient to allege generally that unlawful damage to property was committed between certain dates. At the trial, evidence may be given of any such unlawful damage that was committed on or between the dates alleged. (5) It shall be unlawful for any person to intentionally place graffiti on any surface located on public or private property. (6) This section does not prohibit any person from using water soluble chalk to mark words or figures, otherwise lawful, upon city pavement and sidewalks. (7) Any person who shall violate this section shall be subject to a forfeiture of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (Am. by Ord. 13,760, Adopted 12-14-04)

(Sec. 23.06 R./ReCr. by Ord. 11,377, 10-23-95)