(a) 
Definitions.
Words used in this section and not defined in this section shall have their ordinarily accepted meaning. For the purpose of this section, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Benchmark.
A relatively permanent material object, natural or artificial, bearing a marked point whose elevation above or below an adopted datum is known.
Deface.
To spoil or mar the surface of a benchmark or survey monument.
Intentionally.
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowingly.
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Obliterate.
To erase, cover up, or remove by any means any of the characters, symbols, writings or depictions that have been affixed to a benchmark or survey monument.
Person.
Any natural person, corporation, partnership, or other association of natural persons acting in concert with each other.
Recklessly.
A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Remove.
To move a benchmark or survey monument from the position it occupied when originally put in place, except as authorized by the city.
Survey monument.
A physical structure that marks the location of a corner or other survey point.
(b) 
Applicability.
(1) 
This section applies only to those benchmarks and survey monuments:
(A) 
Any part of which are found in public property or in a public right-of-way in the city;
(B) 
That are put in place by the city, its agents, servants, representatives and employees;
(C) 
That are accepted as official benchmarks or survey monuments by agreement between a landowner and the city; or
(D) 
That are dedicated to the city.
(2) 
This section does not apply to any survey monument or benchmark that is found on private property and has not been accepted by the city by agreement or otherwise.
(c) 
Prohibited acts.
It shall be unlawful for any person to knowingly, intentionally or recklessly deface, obliterate, remove or destroy a benchmark or survey monument in the city except as provided in subsection (b) of this section.
(d) 
Penalty.
Any person who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than two hundred dollars ($200.00) per offense.
(e) 
Additional remedies.
If any person violates or threatens to violate any provision of this section or if the city has good reason to believe a person will violate any provision of this section, the city council may direct the city attorney to initiate injunction, mandamus, abatement or any other action available in law or in equity to prevent, enjoin, correct, remove or recover damage for such unlawful activity.
(Ordinance 890404-02, secs. 1–5, adopted 4/4/89)