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A. A person commits vandalism in a park by:

1. Defacing or damaging any public building, facility, structure, equipment or property, either real or personal, within a park; or

2. Defacing, damaging, disturbing or excavating any historical, prehistorical, archaeological, paleontological, or geological site or feature, or collecting specimens from any historical, prehistorical, archaeological, paleontological or geological site or feature, situated on land within a park; or

3. Destroying, digging up, mutilating, collecting, cutting, harvesting or removing any live or dead tree or plant within a park; or

4. Digging, or removing or excavating any sand, gravel, rocks or soil from, a park;

5. Killing, harming, taking, molesting or disturbing any animal, reptile, amphibian or bird within a park, except that fishing in a manner authorized by applicable State law is allowed.

B. A person who is convicted of a violation of this section is guilty of a Class 1 misdemeanor and shall be sentenced to pay a fine of not less than one hundred dollars and to perform not less than eight hours of community service under the supervision of the Department. The Court shall require the person convicted to make restitution to the City of Phoenix in the full amount of the economic loss as determined by the Court. The Court shall not suspend any part or all of the imposition or execution of any sentence required by this subsection.

C. The prohibitions of this section shall not apply to any activity performed with the authorization of the Director Department or the Director’s designees, or to any activity which is authorized by a lease with the City of Phoenix and which is performed at the direction of the lessee. (Ord. No. G-3443, § 1; Ord. No. G-3659, § 5; Ord. No. G-5144, § 2, 2008)

Cross reference—Offenses against property, § 23-83 et seq.

State law reference—Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28); criminal damage to property, A.R.S. § 13-1602.