This chapter shall be known as the "Graffiti
and Defacing of Public and Private Property Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
COMMUNITY SERVICE
Any organization or program employed by the criminal courts
or judiciary to provide for appropriate alternative sentences to fine
or imprisonment.
DEFACE
To mar the face or surface of, disfigure, injure or spoil
the appearance of.
GRAFFITI
An inscription, figure, mark or design which is written,
scratched, painted or drawn on a wall, building, monument, statue,
rock or any other surface.
The use of broad-tipped pens, aerosol spray
paint cans or other marking devices used in connection with writing
graffiti on walls, public and private buildings, statues, monuments
and other structures has become a problem in the City of Middletown
requiring punishment of those responsible. The defacing of such public
property and the use of foul language in graffiti writing is harmful
to the general public and is violative of the good and welfare of
the people of the City of Middletown. Therefore, Common Council intervention
is necessary and advisable to regulate the distribution and sale of
aerosol cans and similar products used in writing graffiti. Punishment
by fine or imprisonment, insofar as our youthful offenders are concerned,
has failed to stop this type of vandalism. It is the intent of the
Common Council that any person guilty of writing graffiti on public
or private buildings or structures should be punished so that the
punishment shall fit the crime. The Common Council, accordingly, recommends
to the judiciary, when an offender has been convicted of violating
this chapter, that he be sentenced to remove graffiti under the supervision
of those agencies designated by the judiciary to supervise offenders
sentenced to community service.
[Amended 2-22-2010]
Any person who violates any provisions of this chapter, except for the provisions contained in Subsection
C of §
288-4, shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $2,500 or imprisonment for not more than one year, or both, and shall restore the property to the condition it was in prior to its destruction, damage or defacement or shall agree to and, in fact, provide restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. In the event that the person found in violation of any provision of this chapter, except for the provisions contained in Subsection
C of §
288-4, cannot make restitution due to indigency, he/she shall be required to perform 30 hours of community service for each offense. In making this determination, the court shall also consider recommendations made by the victim.