[HISTORY: Adopted by the Town Council of the Town of Johnston 6-8-1998 by Ord. No. 1031 (Secs. 12A-1 to 12A-3 of the 1979 Code). Amendments noted where applicable.]
Peace and good order — See Ch. 245.
It shall be unlawful for any person without the express consent of the property owner to paint, deface, disfigure or damage property (including but not limited to buildings, walls, fences, poles, containers, bridges, vehicles, mailboxes, posts, lamp posts, trees, tree boxes, dwellings, and all other structures and hard surfaces) through the use of paint or other materials used to write names, initials, letters, or symbols, or other miscellaneous markings commonly known as “graffiti.”
Any person violating the provisions of this chapter shall be punished by a fine of not less than $200 for the first offense and $350 for the second offense.
Any person violating the provisions of this chapter for a third and/or subsequent instance shall be referred to the District Court of the State of Rhode Island where said judge shall instill proper punishment at his/her discretion.
Any person who cannot meet the monetary fines imposed in Subsection A of this section shall be sentenced to community service equivalent to the amount required for each offense as determined by the Municipal Court Judge.
Any minor violating the provisions of this chapter shall be referred to the Family Court of the State of Rhode Island where said judge shall instill proper punishment at his/her discretion.
In addition to the penalties and/or fines as prescribed above, the person found in violation of this chapter shall make restitution to the property owner by either funding the cost to repair the defaced, disfigured or damaged property or by performing corrective actions to remove the graffiti in a manner that has been accepted and approved by the private property owner.
The agency charged with the enforcement of this chapter shall be the Police Department. All violations are to be brought before the Town's Municipal Court.