§ 131.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• Aerosol Paint Container. Any aerosol container adapted or made for spraying paint.
• Etching Device. A glass cutter, awl or any device capable of scratching or etching the surface of any structure or personal property.
• Felt-Tip Marker. Any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-fourth inch.
• Graffiti. Any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface that is not authorized by the owner or person in charge of the property.
• Graffiti Implement. An aerosol paint container, a felt tip marker, an etching device or a graffiti stick.
• Graffiti Stick. A device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-fourth of an inch in width.

(Ord. 1873, passed 1-23-95)

§ 131.02 Possession of Graffiti Implement

(A) No person may possess, with the intent to unlawfully apply graffiti on any real or personal property of another, any graffiti implement.

(B) Unlawfully possessing a graffiti implement is a violation.

(Ord. 1873, passed 1-23-95) Penalty, see § 131.99

§ 131.03 Seizure and Impoundment

In addition to any citation issued, a graffiti implement possessed in violation of § 131.02 may be immediately seized and impounded by the Police Department. The court, upon disposition of the issued citation, shall determine whether the instrument shall be returned to the defendant or deemed contraband and disposed of according to state law.

(Ord. 1873, passed 1-23-95)

§ 131.04 Parental Responsibility

(A) No parent, guardian or other person having the legal custody of a minor person under the age of 18 years may allow or permit the minor to be in violation of § 131.02 above.

(B) Upon a subsequent violation by a minor, the parent, guardian or person having legal custody shall be served with a subpoena to appear before the court with the minor and show cause why § 131.02 above has been violated a second time.

(Ord. 1873, passed 1-23-95) Penalty, see § 131.99

Cross-reference:

Parental responsibility for minors, see § 130.15

§ 131.05 Parental Civil Liability

In addition to any other remedy provided by law, the parent or parents of an emancipated minor child shall be liable for actual damages to person or property in connection with the removal of graffiti caused by the child in accordance with the provisions of ORS 30.765.

(Ord. 1873, passed 1-23-95)

§ 131.06 Community Service

In lieu of any fine that may be imposed for violation of § 131.02, the court may order community service as follows:

(A) Upon conviction for unlawfully possessing a graffiti implement, the person shall perform at least 20 hours of community service;

(B) The entire period of community service shall be performed under the supervision of a community service provider approved by the court; and

(C) Reasonable effort shall be made to assign the subject person to a type of community service that is reasonably expected to have the most rehabilitative effect on the person. To the extent that the offense giving rise to the offer of community service constitutes a violation of § 131.02, reasonable effort shall be made by the court to assign the person to community service which constitutes in significant part the removal of the graffiti.

(Ord. 1873, passed 1-23-95)

§ 131.99 Penalty

A conviction for the violation of § 131.02, or violating parental responsibility under § 131.04, is punishable as a Class A violation. Upon conviction for unlawfully possessing a graffiti implement, the court shall impose a mandatory minimum specific fine violation of $100.

(Ord. 1873, passed 1-23-95; Am. Ord. 1976, passed 10-26-98)