PRELIMINARY DRAFT

OFFENSES AGAINST PROPERTY
(Proposed 24 MLBSA § 1161)
§ _______ GRAFFITI

§ 1 Any person who knowingly or intentionally defaces, damages, or destroys with graffiti any real or personal property not his or her own, is guilty of vandalism:

“Graffiti” means without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, roadway, fence, gate, building or other structure. Provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property. This definition also includes tenants and authorized agent(s) for such owner or tenant.

§ 2 Whenever a person violates this subdivision with respect to Band property, vehicles, signs, fixtures, or furnishings belonging to the Band or its entities, it shall be a permissible inference that the person neither owned the property nor had permission of the owner to deface, damage, or destroy the property.

§ 3 Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court may, in addition to any punishment imposed, order the defendant to clean up, repair, or replace the damaged property. The court may also order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property free of graffiti for up to one year.

§ 4 If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine.

§ 5 The court may order any person ordered to perform community service or graffiti removal to undergo counseling. If the person was under 18 years of age or younger and under the influence of alcohol or other illegal substance, the court may require a drug and alcohol assessment and drug or alcohol treatment.

§ 6 A defendant convicted of an offense under (this section) shall pay a $20 graffiti eradication fee as a court cost. The fee shall go to fund a program that gives funds to Mille Lacs Band Community members and business owners

§ 7 Band Assembly hereby establishes a graffiti eradication fund of $5,000.00 for the eradication and clean up of graffiti in the community. Victims may apply for grants to remove, repair, or replace property that has been damaged by graffiti.

§ 8 Penalties

(a) The maximum penalty for a first offense violation of section __ shall be a fine of $250.00 per offense and 80 hours of community service, plus full restitution to the victim. If the defendant is a juvenile still in school, community service shall be performed in a manner not to interfere with school.

(b) The maximum penalty for a second offense shall be a fine of $500.00 per offense and 160 hours of community service, plus full restitution to the victim. If the offender is a juvenile, then the penalty may be taken from the supervising adults Bonus.

(c) The maximum penalty for a third and subsequent offense is a $1,000.00 fine and 200 hours of community service, plus full restitution. If the offender is a juvenile, then the forfeiture may be taken from the parent or legal guard.

(d) Upon a third or subsequent conviction, the defendant may be banned from entering all Mille Lacs Band Government buildings except for the District Government Centers to conduct business or work on behalf of the Band. The court may commute this sentence or modify for good cause shown by defendant.

(e) In the event a minor child fails to appear in court, the court may withhold the parent or legal guardians bonus payment until the juvenile appears in court. The court may also hold the bonus payment of a person charged under this section if they fail to appear in court, or if convicted and they fail to perform community service or comply any order of the court.

PROHIBITION AGAINST SELLING OR FURNISHING
AEROSOL PAINT TO MINORS

§ 9 It shall be unlawful for any person, firm, or corporation, except a legal parent, supervising adult, or guardian to provide anyone under the age of 18 years, any aerosol container of paint that is capable of defacing property without first obtaining bona fide evidence in the form of a Band identity card or State Drivers license that the person has reached majority age.

§ 10 It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint that is capable of defacing property.

§ 11 Any Band, Band entity, or Band licensed retailer selling or offering for sale on or near the reservation, aerosol containers of paint shall post a sign stating: “Any person who knowingly or intentionally defaces real or personal property with paint is guilty of vandalism and shall be prosecuted to full extent of the law.”

§ 12 It is unlawful for any person to carry on his or her person and in plain view to the public an aerosol container of paint into any posted Band facility, park, playground, swimming pool, beach, or recreational area without valid authorization.

§ 13 It is unlawful for any person under the age of 18 years to possess an aerosol container of paint while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.

§ 14 Band Assembly may provide for the offering of rewards not exceeding $500.00 each, for the detection and apprehension of any person guilty of purposely or knowingly damaging personal or real property of the Band. The reward shall be paid to any person who Band Assembly deems is entitled thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law.

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Mille Lacs Band of Ojibwe | 43408 Oodena Drive | Onamia, MN 56359 Government Center Phone: (320) 532-4181