Sec. 9-19. - Graffiti; violation; penalty.

Any person violating this article shall be punished in the following manner: (1)

Fines and community service. A fine not to exceed $1,000.00 for any offense.

a.

Failure to remove a defaced condition within ten days of notice will result in the matter being referred to the East Providence Municipal Court by the building official or his designee and subject the responsible party, owner, or operator to a fine in the amount of $100.00 for the first offense, $250.00 for a second offense, and $500.00 for each subsequent offense.

b.

Any minor or adult violating any provision of this section shall be fined in the amount of $250.00 and/or 50 hours of community service for the first offense and $350.00 and/or 100 hours of community service for the second offense. At least one parent or guardian of a minor shall be in attendance a minimum of 50 percent of the period of assigned community service.

c.

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

d.

Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parent's or legal guardian's property that includes the fine and administrative costs.

e.

Upon an application and finding of indigence, the court may decline to order fines against the minor, parents or guardian.

f.

Police officers or any authorized officers may issue a citation for any violation of this section. Multiple instances of graffiti shall be treated as separate violations. In addition thereto, the city may initiate a civil action seeking injunctive as well as other relief to prevent violation(s).

(2)

Equitable relief. Any owner or occupant of adjoining or adjacent properties who are injured either in the comfort or enjoyment of his or her estate thereby may also have an action to recover equitable relief ordered by the court including removal of the graffiti.

(3)

Restitution. In addition to any fines, a court shall order any violator to make restitution to the victim 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. Failure of any violator or the parents or legal guardian to make payment will result in the filing of a lien on the violator's or the parent's or legal guardian's property that includes the fine and administrative costs.

(4)

Community service. A minor or adult shall be required to perform community service as described by the court based on the following minimum requirements:

The minor or adult shall perform up to 100 hours of community service for a first offense. A second or subsequent offense shall require up to 200 hours of public community restitution work.

a.

At least one parent or guardian of the minor shall be in attendance a minimum of 50 percent of the period of assigned community service.

b.

The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police or the probation department of the court.

c.

Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.

(Ch. 876, § III, 5-16-23)

Editor's note— Chapter 876, § I, adopted 5-16-2023, repealed § 9-19 and enacted a new § 9-19 as set out herein. Former § 9-19 pertained to property damage graffiti and derived from Ch. 686, § I, adopted November 7, 2017.