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There are also penalties for contributors to graffiti, whether that person is a parent of an offender or a business owner. Click the link below to view the most recent ordinance approved by City Council in May 2007. Also, see a general summary of state and local anti-graffiti laws and ordinances. View the entire City of San Antonio ordinance
Highlights of the 2007 ordinance STATE LAWS Texas Penal Code §28.08 makes it a crime to intentionally or knowingly make markings with aerosol paint, indelible marker or an etching or engraving device on tangible property without consent of the owner. Markings can include inscriptions, slogans, drawings or paintings. Penalties are assessed based on the amount of loss suffered by the property owner and may range from fines up to $2000 and/or confinement for up to 180 days, up to fines of $10,000 and/or confinement for 5 to 99 years. CITY CODES City Code §21-32 makes it a crime for retailers to sell or transfer spray paint to any person under the age of eighteen (18). Violators may be fined up to $500.00 per offense. City Code §21-37 makes it a crime for retailers to openly display or store aerosol paint from a counter or other location open to the public. Violators may be fined up to $500.00 per offense. City Code §21-6 makes it a crime for any person to have a graffiti implement in their possession while on public grounds or public buildings when such locations are closed to the public or on private property when that property is not open to the public. Parents of children under the age of seventeen (17) may be cited for allowing a child to violate this provision of the code. Violators may be fined not less than $50.00 nor more than $500.00 dollars for each violation. Second and subsequent offenses may not be fined less than $100.00 nor more than $500.00 per violation. |
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