§ 42-23. Damage to city property.

(a)

Definitions. 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:

City property means any and all real estate and all personal property including, but not limited to, trees, shrubs, vegetation, signs, vehicles, and equipment owned by the city.

Minor means any individual not yet 18 years of age.

Person means any individual, partnership, cooperative association, private corporation, personal representative, or any other legal entity.

(b)

Offenses. A person commits damage to city property when he damages, injures, defaces, or destroys, in whole or in part, any city property.

(c)

Restitution by parent or legal guardian of minor offender. In addition to any punishment specified in this section, the court shall order any violator of this section to make restitution to the city for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution. This section shall not affect the recovery of damages by the city in any other cause of action.

(d)

Penalties.

(1)

Monetary fines shall be as recited in the general penalty provision of this Code, section 1-8.

(2)

In the case of a minor, the parent or legal guardian of the minor shall be jointly and severally liable with the minor for payment of all fines.

(3)

Failure of the parent or legal guardian to make restitution or payment of a fine will result in the filing of a lien on the parent's or legal guardian's property in the amount of the fine, restitution, and administrative costs, if any.

(Code 1968, §§ 17-20, 17-26, 25-1; Code 1996, § 42-23)