§ 54-151. Criminal damage to property.

(a)

Definitions. In this section:

(1)

Graffiti means any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name or marking which is scratched, painted or sprayed on any surface, regardless of the material of that structural component, in such a location and in such a manner so as to deface the property.

(2)

Graffiti or paint stick means a device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure.

(3)

Gum label means any sheet of paper, fabric, plastic or other substance with an adhesive backing which is not easily removable when placed on a surface.

(4)

Graffiti instrument means any spray paint containers, paint, graffiti or paint stick, ink, marking pens which contain a nonwater soluble fluid, brushes, applicators, gum labels, etching tool or other materials which may be used for placing graffiti.

(5)

Minor means any person 17 years of age or younger who has not been emancipated under state law.

(6)

Custodian means a parent as defined in Louisiana Children's Code, article 116, or a person with legal custody as defined in Louisiana Children's Code, article 116, to whom the care or supervision of the child has been temporarily and lawfully delegated or assigned.

(7)

Operator means any individual, firm, association, partnership or corporation owning, operating, managing or conducting any establishment which offers for sale any graffiti instrument.

(b)

Offenses. The following are violations:

(1)

No person shall:

a.

Place graffiti or gum labels upon real or personal property, whether publicly or privately owned, without the consent of the owner.

b.

Possess, with the intent to use in violation of this section, any graffiti instrument.

(2)

No minor shall possess, without the knowledge and permission of the minor's custodian, any of the following graffiti instruments:

a.

Spray paint container.

b.

Graffiti or paint stick.

c.

Etching tool.

(3)

No custodian shall:

a.

Permit or by insufficient control allow a minor under the custodian's care or custody to violate this section.

b.

Fail to accompany a minor in the custodian's care or custody to any court appearance as a result of this section.

(4)

No operator shall:

a.

Sell, exchange, give, loan or otherwise furnish any of the following graffiti instruments to a minor without the prior written consent of the minor's custodian:

1.

Spray paint container.

2.

Graffiti or paint stick.

3.

Gum label.

4.

Etching tool.

b.

Offer for sale, trade or exchange any graffiti instrument listed in subsection (4)a. above without prominently displaying notice that those instruments will not be provided to minors absent prior custodial written consent.

(c)

Removal. Graffiti must be removed by the owner of the property where the graffiti is located within 30 days of receiving notice to do so from the city.

(1)

The notice shall consist of the name of the property owner, the address or location of the property and a description of the graffiti to be removed.

(2)

Notice shall be sent to the record owner of such property via registered or certified mail. If no owner can be located, notice may be posted on the property where the graffiti at issue is located by any authorized representative of the city, including but not limited to inspectors employed by the department of housing and neighborhood development, the department of health, the historic districts landmarks commission, the Vieux Carré Commission, the department of safety and permits, or the sanitation rangers of the department of sanitation. The date of posting shall be considered the day of receipt.

(3)

If the graffiti described is not removed within 30 days of receiving notice, the city may issue a notice of administrative hearing, or a summons for the owner to appear in municipal court to either give good cause why graffiti was not removed and to ask for an extension of time to remove graffiti; if no good cause is given, a fine may be levied against the owner of the property for failure to timely remove the graffiti.

(d)

Penalties. A violation of this section is a misdemeanor punishable by municipal court, as follows:

(1)

Any person who violates subsection (b)(1), (2) or (3) of this section shall be punished by each of the following:

a.

A fine of not less than $100.00 or more than $500.00.

b.

Community service for the cleansing and restoration of property defaced by graffiti in violation of this section, according to the following schedule:

1.

For a first offense, not less than seven hours or more than 21 hours.

2.

For subsequent offenses, not less than 21 hours or more than 49 hours.

c.

Complete financial restitution necessary to cover the costs of restoring any property defaced by the person's actions.

d.

If a minor is personally unable to pay the fine or financial restitution required under this section, the custodian of the minor shall be liable for such payment. Any court of competent jurisdiction may waive such payment by the custodian upon a finding of good cause.

(2)

The court may, in its discretion, in addition to the above penalties, order imprisonment in jail for not more than three months for any offense of subsection (b)(1), (2) or (3) of this section.

(3)

The custodian of a minor who is penalized under this section shall accompany the minor to at least one-half of community service ordered by the court.

(4)

Every person who, having been convicted previously under subsection (b)(1), (2) or (3) of this section or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence or a grant of probation for at least one of the convictions, is subsequently convicted under this section shall be punished by imprisonment not to exceed five months.

(5)

Any operator who violates subsection (b)(4) of this section shall be fined not less than $50.00 for a first offense and not less than $100.00 for subsequent offenses.

(6)

Punishment for violation of subsection (c) may be adjudicated pursuant to the administrative hearing process of chapter 6 of the City Code and shall not exceed the penalties prescribed in subsections (1) or (2) of this subsection.

(e)

All districts in the city. Criminal damage to property located in all districts in the city, including the removal of construction materials without consent of the property owner, is hereby prohibited.

(1)

Whoever commits the crime of criminal damage to property located in all districts in the city, where the damage is less than $500.00, shall be fined not more than $100.00 or imprisoned for not more than six months or both.

(2)

Whoever commits the crime of criminal damage to property located in all districts in the city, where the damage is more than $500.00 but less than $50,000.00, shall be fined not more than $250.00 or imprisoned six months or both.

(3)

Whoever commits the crime of criminal damage to property located in all districts in the city, where the damage amounts to $50,000.00 or more, shall be fined not more than $500.00, or imprisoned for not more than six months, or both.

(Code 1956, § 42-30; M.C.S., Ord. No. 16,924, § 1, 3-2-95; M.C.S., Ord. No. 18,423, § 1, 9-18-97; M.C.S., Ord. No. 19,086, § 1, 2-4-99)

State law reference

Similar provisions, R.S. 14:56.