Chapter 9.18
MALICIOUS MISCHIEF IN THE THIRD DEGREE

Sections:

9.18.010    Malicious mischief in the third degree.

9.18.020    Unauthorized use of public water.

9.18.010 Malicious mischief in the third degree.

A.    A person is guilty of malicious mischief in the third degree if he or she:

1.    Knowingly and maliciously causes physical damage to the property of another under circumstances not amounting to malicious mischief in the first or second degree; or

2.    Writes, paints or draws any inscription, figure or mark of any type on any public or private building or other structure or any real or personal property owned by any other person, unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

B.    1. Malicious mischief in the third degree under subsection (A)(1) of this section is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor.

2.    Malicious mischief in the third degree under subsection (A)(2) of this section is a gross misdemeanor.

C.    Physical damage, in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption or interference with the use of such records, information, data or computer programs, or the impairment, interruption or interference with the use of any computer or services provided by computer. Physical damage also includes any diminution in the value of any property as the consequence of an act. (Ord. 97-844 § 5, 1997)

9.18.020 Unauthorized use of public water.

A.    It shall be unlawful for any person, firm or corporation to tamper with a fire hydrant or to willfully obtain the unauthorized use of water from the city water system by avoiding compliance with BGMC 13.110.030 or by willfully failing to abate the unauthorized use of water from a fire hydrant following the process under BGMC 13.112.060.

B.    The term “willfully failing to abate the unauthorized use of water” means the unauthorized use for a second time or more often.

C.    Violation of this section shall be deemed to be a misdemeanor under the laws of Battle Ground. (Ord. 07-01 § 2, 2007)