City of Las Cruces - LCMC 1997, Graffiti Vandalism

(a) Graffiti vandalism consists of intentionally and maliciously defacing any real or personal property of another with graffiti or other inscribed material without the consent or reasonable ground to believe that there is consent of the property owner.

(b) A violation of this ordinance may be punished by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 90 days, or by both.

(c) A person may be charged with and convicted of the crime of graffiti vandalism as an accessory if he or she procures, counsels, aids or abets in its commission and although he or she did not directly commit the crime and although the principal who directly committed such crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or has been acquitted, or is a child under the children's code.

(d) Whoever commits graffiti vandalism may be required as a condition of probation or a deferred or suspended sentence:

(i) To perform mandatory community service within a continuous period following conviction; and/or

(ii) To clean up, repair or replace the defaced real or personal property; and/or

(iii) To make restitution to the property owner for the cost of damages and restoration.

(iv) If minor, to attend family counseling.
(Ord. No. 1663, 5-18-98)

Sec. 19-53. Duty of property owner to remove graffiti vandalism.

(a) Whenever the city becomes aware of graffiti on real property, including structures within the city and visible from a public right-of-way or city owned property, the city shall give written notice to the property owner that the graffiti should be removed or effectively hidden within 21 days from the date that the notice is served. Prior to being cited under this section, the property owner may give the city written authorization to allow the city to remove the graffiti vandalism if the city has a graffiti removal program available to such private property.

(b) The notice may be served by handing it to the owner in person or by mailing it by certified mail, return receipt requested, addressed to the owner at the owner's post office address as shown on the Dona Ana County tax rolls.

(c) If the owner cannot be found and the notice is returned by the United States Post Office, then the owner may be notified by posting the notice on or near the front door of each structure on the property to which the violation relates.

(d) If the owner intends to remove or hide the graffiti vandalism within the time specified in the notice, he or she shall so advise the city within fifteen days of receipt of the notice.

(e) If the owner authorized the identified markings and thus there is no graffiti vandalism, he or she shall so advise the city within 15 days of receipt of the notice, and the city will not then authorize removal.

(f) If the owner does not notify the city within said fifteen day period, such failure to notify shall be deemed to be consent to the city entering onto the property and removing or effectively hiding the graffiti vandalism.

(g) An owner commits a misdemeanor offense if the owner fails to timely remove or effectively hide unauthorized graffiti on owner's real property visible from either a public right-of-way or city owned property.

(h) It shall be a defense to prosecution under subsection (g) of this section that:

(i) No notice was served on the property owner in compliance with this section;

(ii) The property owner has removed graffiti vandalism from that particular property three or more times within the preceding 12 months;

(iii) Due to economic or physical hardship the property owner is unable to remove the graffiti vandalism;

(iv) Prior to being cited under this section, the property owner gave the city written authorization to allow the city to remove the graffiti vandalism if the city has a graffiti vandalism removal program available to such private property.
(Ord. No. 1663, 5-18-98)

Sec. 19-54. Sale and display of aerosol spray paint in cans.

(a) No person shall sell aerosol spray paint in cans to any person under 18 years of age. Proof of age may be shown by any document which contains a picture of the person issued by a governmental agency including but not limited to a motor vehicle operator's license or an identification card issued to a member of the armed forces. Such document shall be prima facie proof of age.

(b) Any person who owns, manages or operates a place of business wherein aerosol spray paint in cans is sold shall conspicuously post a copy of this section in such place of business in letters at least three-eighths-inch high.

(c) Any person who owns, manages or operates a place of business wherein aerosol spray paint in cans is sold, shall secure said spray paint in a locked or other display area inaccessible to the public, such as behind a counter.

(d) Any person who violates this section is guilty of a petty misdemeanor.
(Code 1988, § 21-263; Ord. No. 1663, 5-18-98)

Sec. 19-55. Responsibility of parent or legal guardian for graffiti vandalism caused by a minor.

(a) A parent or legal guardian of a minor commits an offense if he or she knowingly permits the minor to commit the offense of graffiti vandalism as defined in this Code.

(b) A violation of this section may be punished by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 90 days, or by both.

(c) Whoever commits this offense may also be required as a condition of probation or a deferred or suspended sentence:

(i) To perform mandatory community service within a continuous period following conviction; and/or

(ii) To clean up, repair or replace the defaced real or personal property; and/or

(iii) To make restitution to the property owner for the cost of damages and restoration.

(iv) To attend family counseling.
(Ord. No. 1663, 5-18-98)