Chapter 9.50


9.50.010    Definitions.

9.50.020    Unlawfully possessing graffiti implement.

9.50.030    Seizure – Impoundment.

9.50.040    Penalty.

9.50.050    Community service.

9.50.060    Parental responsibility.

9.50.070    Parental civil liability.

9.50.010 Definitions.

(1) “Aerosol paint container” means any aerosol container adapted or made for spraying paint.

(2) “Etching device” means a glass cutter, awl or any device capable of scratching or etching the surface of any structure or personal property.

(3) “Felt tip marker” means any indelible marker or similar implement with a tip, which, at its broadest width, is greater than one-fourth inch.

(4) “Graffiti” means any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface that is not authorized by the owner or person in charge of the property.

(5) “Graffiti implement” means any aerosol paint container, a felt tip marker, an etching device or a graffiti stick.

(6) “Graffiti 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, and upon application, leaving a mark at least one-fourth of an inch in width. [Ord. 709 § 1, 1995]

9.50.020 Unlawfully possessing graffiti implement.

(1) No person may possess, with the intent to unlawfully apply graffiti on any real or personal property of another, any graffiti implement.

(2) Unlawfully possessing a graffiti implement is a violation. [Ord. 709 § 2, 1995]

9.50.030 Seizure – Impoundment.

In addition to any citation issued, a graffiti implement possessed in violation of this section may be immediately seized and impounded by the Burns police department. The court, upon disposition of the issued citation, shall determine whether the instrument shall be returned to the defendant or deemed contraband and disposed of according to state law. [Ord. 709 § 3, 1995]

9.50.040 Penalty.

A conviction for the violation of BMC 9.50.020 shall be punishable by a fine not to exceed $250.00. Upon conviction for unlawfully possessing a graffiti implement, the court shall impose a mandatory minimum fine of $100.00. [Ord. 709 § 4, 1995]

9.50.050 Community service.

In lieu of payment of any fine that may be imposed for violation of this chapter, the court may order community service as follows:

(1) Upon conviction for unlawfully possessing a graffiti implement, the person shall perform at least 20 hours of community service;

(2) The entire period of community service shall be performed under the supervision of a community service provider approved by the court; and

(3) Reasonable effort shall be made to assign the subject person to a type of community service that is reasonably expected to have the most rehabilitative effect on the person. To the extent that the offense giving rise to the offer of community service constitutes a violation of this section, reasonable effort shall be made by the court to assign the person to community service which constitutes in significant part the removal of the graffiti. [Ord. 709 § 5, 1995]

9.50.060 Parental responsibility.

(1) No parent, guardian, or other person having the legal custody of a minor person under the age of 18 years may allow or permit the minor to be in violation of BMC 9.50.020.

(2) Upon a subsequent violation by a minor, the parent, guardian or person having legal custody shall be served with a subpoena to appear before the court with the minor and show cause why BMC 9.50.020 has been violated a second time.

(3) Violating parental responsibility under this section is a violation punishable by a fine not to exceed $250.00 or community service of not more than 20 hours. [Ord. 709 § 6, 1995]

9.50.070 Parental civil liability.

In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property in connection with the removal of graffiti caused by said child in accordance with the provisions of ORS 30.765. [Ord. 709 § 7, 1995]