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INJURING OR DESTROYING PROPERTY
Sections:
9.60.010 Criminal mischief.
9.60.015 Obstruction of telephone service.
9.60.020 Injury or removal of signs.
9.60.030 Destroying posters.
9.60.040 Lug wheels and treaded vehicles prohibited.
9.60.050 Defacing property.
9.60.055 Possession of graffiti materials by monors prohibited.
9.60.057 Unlawful possession of graffiti materials.
9.60.060 Arson
9.60.010 Criminal mischief.
It is unlawful for any person to knowingly injure, damage, or destroy the real or personal property of one or more other persons including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode where the aggregate damage to the real or personal property is less than one thousand dollars. (Ord. O-2007-28 § 8, 2007; Ord. O-2002-46 § 3, 2002; Ord. O-98-35 § 5, 1998; Ord. O-97-13 § 8, 1997; Ord. O-92-32 § 1, 1992; Ord. O-85-50 § 1, 1985; Ord. O-82-45 § 1, 1982; Ord. O-74-1 § 1 (part), 1974).
9.60.015 Obstruction of telephone service.
A person commits obstruction of telephone service if the person knowingly prevents,
obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance,
or delivery in this city of any message, communication, or report by or through
any telephone line, wire, cable, or other facility or any cordless, wireless,
electronic, mechanical, or other device. (Ord. O-2002-46 § 4, 2002).
9.60.020 Injury or removal of signs.
It is unlawful for any unauthorized person to willfully remove, deface, injure, damage or destroy any street sign or official traffic control device erected or placed in or adjacent to any street where the aggregate damage to such street sign or traffic control device is less than one thousand dollars. (Ord. O-2007-28 § 9, 2007; Ord. O-98-35 § 6, 1998; Ord. O-97-13 § 9, 1997; Ord. O-92-32 § 2, 1992; Ord. O-87-27 § 9, 1987; Ord. O-74-1 § 1 (part), 1974).
9.60.030 Destroying posters.
It is unlawful for any person to intentionally tear down, deface or cover up
any lawfully posted advertisement or bill of any person, firm, corporation or
entity; provided, however, that this section shall not apply to any person possessing
the lawful right or authority to tear down, deface or cover up any such advertisement
or bill. (Ord. O-94-33 § 36, 1994; Ord. O-74-1 § 1 (part), 1974).
9.60.040 Lug wheels and treaded vehicles prohibited.
It is unlawful for any vehicle equipped with treads and/or lug wheels which
are injurious to pavement to be operated or caused to be operated by any person
upon public streets unless the operator of such vehicle first planks and protects
such streets from damage. Nothing in this section shall be construed to prohibit
the use of studded snow tires. (Ord. O-94-33 § 37, 1994; Ord. O-74-1 §
1 (part), 1974).
9.60.050 Defacing property.
A. It is unlawful for any person to knowingly deface or cause, aid in, or permit
the defacing of public or private property without the prior consent of the
owner by painting, drawing, writing, marking, etching, carving, scratching or
any other unauthorized marking by use of paint, spray paint, ink, knife or by
any other method of defacement.
B. Any person convicted of defacing property shall be ordered by the court to
perform community service which shall include personally making repairs to any
property damaged or properties similarly damaged. A person who defaces property
shall be subject to the maximum penalties established in Section 1.16.020 of
the Lakewood Municipal Code. The minimum penalty shall be as follows:
First offense $250.00
Second offense 400.00
Third or subsequent offense 650.00
(Ord. O-95-26 § 1, 1995).
9.60.055 Possession of graffiti materials by minors prohibited.
A. It shall be unlawful for any person under eighteen (18) years of age, except for a minor under the direction or supervision of the minor’s parent, legal guardian, instructor, employer, or law enforcement officer, to purchase, procure, or possess, or attempt to purchase, procure, or possess any prohibited graffiti material.
B. For the purposes of this section, the words and phrases are defined as follows:
1. “Broad tipped marker pen” means a felt-tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing a fluid which is not water soluble.
2. “Glass etching tool or instrument” means any tool, device, or substance that can be used to make permanent marks on any surface or to create a frosted effect on any surface or to deliver a solution to any surface in order to create an image, or any container of such solution, including, but not limited to, glass etching creams or solutions.
3. “Paint pen” means a tube, marker, or other pen-like instrument with a tip of greater than one-fourth (1/4) inch in diameter that contains paint or a similar fluid and an internal paint agitator.
4. “Prohibited graffiti material” means any can of spray paint, spray paint nozzle, broad tipped marker pen, paint pen, glass-cutting tool, or glass etching tool or instrument.
5. “Spray paint” means any aerosol container that is made or adapted for the purpose of applying spray paint or other substance capable of defacing property.
6. “Spray paint nozzle” means a nozzle designed to deliver a spray of paint of a particular width or flow from a can of spray paint.
C. Affirmative Defense. It shall be an affirmative defense to a violation of this section that the minor possessing the prohibited graffiti material was:
1. Within the minor’s home;
2. At the minor’s place of employment and the minor possessed the materials or devices within the scope of that employment;
3. Upon real property with permission to posses such materials from the owner, occupant, or person having lawful control of such property; or
4. Attending a school or traveling between any location set forth in this subsection (C) and a school, at which the minor was enrolled if the minor was participating in a class or a school sanctioned activity at the school that formally required the possession of the materials. (Ord. O-2008-18 § 1, 2008).
9.60.057 Unlawful possession of graffiti materials.
A person commits unlawful possession of graffiti materials if he possesses any tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property and intends to use the thing possessed, or knows that some other person intends to use the thing possessed, in the commission of such an offense. Graffiti materials include those tools, devices, materials, or substances meeting the definition of prohibited graffiti materials as set forth in Section 9.60.055. (Ord. O-2008-18 § 2, 2008).
9.60.060 Arson
A. It is unlawful for any person to knowingly set fire to, burn, cause to be
burned, or by the use of any explosive, to damage or destroy, or cause to be
destroyed, any property of another, other than a building or occupied structure,
without the owner's consent, if the damage is less than one hundred dollars.
B. It is unlawful for any person to knowingly or recklessly start or maintain
a fire or cause an explosion, on his own property or that of another, and by
so doing place any building or occupied structure of another in danger of damage.
C. It is unlawful for any person to knowingly and without lawful authority or
with criminal negligence, set on fire, or cause to be set on fire, any woods,
prairie, or grounds of any description, other than his own, or to knowingly
or with criminal negligence, permit a fire, set or cause to be set a fire which
passes from his own grounds and cause damage to the grounds of another.
D. Definitions. The following definitions shall apply in the interpretation
of this section:
1. "Building" means a structure which has the capacity to contain,
and is designed for the shelter of man, animals, or property, and includes a
ship, trailer, sleeping car, airplane, or other vehicle, or place adapted for
overnight accommodations of persons or animals, or for carrying on of business
therein, whether or not a person or animal is actually present.
2. "Occupied structure" means any area, place, facility, or enclosure
which, for particular purposes, may be used by persons or animals upon occasion,
whether or not included within the definition of "building", and which
is in fact occupied by a person or animal, and known by the defendant to be
thus occupied at the time of his act of arson.
3. Property is that of "another" if anyone other than the defendant
has a possessory or proprietary interest therein.
4. If a building is divided into units for separate occupancy, any unit not
lawfully occupied by the defendant is a "building of another."
5. "Fire investigator" means a person who:
a. Is an officer or member of a fire department, fire protection district, or
fire fighting agency of the state or any of its political subdivisions with
enforcement authority within the city;
b. Is engaged in conducting or is present for the purpose of engaging in the
conduct of a fire investigation; and
c. Is either a volunteer or is compensated for services rendered by the person.
E. A fire investigator shall be empowered to enforce this section. (Ord. O-97-61
§ 2 & 3, 1997; Ord. O-97-13 § 10, 1997).
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