[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.]
GENERAL REFERENCES
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.”
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.