§577-3.5  Property damage, parental responsibility.  (a)  The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned.  As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances.

     (b)  In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court shall:

     (1)  Require the minor, the parents, or the legal guardians to remove the graffiti from the affected property within sixty days of the order and pay for the cost of paint and materials; or if appropriate, pay for the actual cost of having the damaged property repaired or replaced; and

     (2)  Order the minor to perform a minimum of eighty hours of community service to remove graffiti from other properties.

     (c)  Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property. [L 1995, c 227, §1; am L 2007, c 196, §1]


Cross References



    County property, see §46-1.5.

    Criminal property damage, see §§708-820 to 708-823.6.