[Adopted 11-7-2005 by Ord. No. 26-2005]
As used in this article, the following terms
shall have the meanings indicated:
Defacing, damaging or polluting.
A person that acts knowingly with respect to the nature of
his conduct or the attendant circumstances if he is aware that his
conduct is of that nature, or that such circumstances exist or he
is aware of a high probability of their existence. A person acts knowingly
with respect to a result of his conduct if he is aware that he is
practically certain that his conduct will cause such a result. "Knowing,"
"with knowledge" or equivalent terms have the same meaning.
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
A person acts purposely with respect to the nature of his
conduct or a result thereof if it is his conscious object to engage
in conduct of that nature or to cause such a result. A person acts
purposely with respect to attendant circumstances if he is aware of
the existence of such circumstances or he believes or hopes that they
exist. "With purpose," "designed," "with design" or equivalent terms
have the same meaning.
A person acts recklessly with respect to a material element
of an offense when he consciously disregards a substantial or unjustifiable
risk that the material element exists or will result from his conduct.
The risk must be of such a nature and degree that, considering the
nature and purpose of the actor's conduct and the circumstances known
to him, its disregard involves a gross deviation from the standard
of conduct that a reasonable person would observe in the actor's situation.
"Recklessness," "with recklessness" or equivalent terms have the same
meaning.
No person shall purposely or recklessly tamper
with or damage the property of another.
No person shall purposely desecrate any public
monument, insignia, symbol, structure or place of worship or burial,
sidewalk, curbing or streetscape.
No person shall knowingly or recklessly damage
or injure any tree, bush, shrub, plant, crop or other living vegetation
on the lands of another.
No person shall purposely or recklessly draw,
paint or make any mark or inscription on public, private, real or
personal property without permission of the owner.
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
