§ 22-63. Destruction of property.

(a)

Prohibited activities.

(1)

Malicious destruction of personal property. A person shall not willfully and maliciously destroy, damage, injure, mar, deface or vandalize the personal property of another by any means.

(2)

Malicious destruction of public property. A person shall not willfully and maliciously destroy, damage, injure, mar, deface or vandalize any building, monument, sign, structure, fence, tree, shrub, plant, park or public property of any kind which is owned, controlled, or managed by the state, the county, the city, school district of the city, or by any other unit or agency of government.

(3)

Purchase or possession of spray paint by minors.

a.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Spray paint means any container of paint, varnish, lacquer stain or similar substance commonly used in painting and applied by a spraying method or similar technique.

b.

Except as otherwise provided, a person under 18 years of age shall not possess, buy, or give to another any spray paint.

c.

Except as otherwise provided, a person shall not sell or give spray paint to another person under 18 years of age. However, a person may sell or give spray paint to a person under 18 years of age for lawful uses if the juvenile exhibits the written consent therefor of his parent or guardian.

d.

If a person under 18 years of age exhibits the written consent of his parent or guardian, the person selling or giving the spray paint to the juvenile shall record the name, address, sex, and age of the juvenile, and the name and address of the consenting parent or guardian. All data required by this section shall be kept in a permanent register available for inspection by the police department for a period of at least six months.

e.

This subsection is declared necessary for the preservation of the public peace, health, safety, and welfare of the people of this city.

(4)

Defacing of property; graffiti.

a.

For purposes of this subsection, the term "deface" means the placement, without consent, of any drawing, inscription, design, scribbling, motto, message, or picture, including those commonly known as graffiti, on an object or surface.

b.

A person shall not deface or further deface the property of another.

c.

If the individual defacing property is under 18 years of age, to the extent practical, the individual shall be required to restore the premises.

(b)

Malicious destruction of property by minors; recovery of damages from parents. A municipal corporation, county, township, village, school district, department of the state, person, partnership, corporation, association or an incorporated or unincorporated religious organization may recover damage not to exceed $2,500.00 in a civil action in a court of competent jurisdiction against the parent of an unemancipated minor, living with his parent, who has maliciously or willfully destroyed real, personal, or mixed property which belongs to any such entities or who has maliciously or willfully caused bodily harm or injury to a person.

(Code 1977, § 15-257; Ord. No. 222, § 2, 1-22-1996)

State law reference

Similar provisions MCL 600.2913; malicious mischief generally, MCL 750.377a et seq.