Chapter 122 PROPERTY DAMAGE.
Section 122-1 PROHIBITIONS.
A. Any person who willfully injures, tampers with, defaces, takes or removes
any machinery,
building, except as provided in Subsection D, wall, monument or base of same, fence or
enclosure or any part thereof or any sign, gate, awning or other fixture or property not his own
property shall be punished as provided in Chapter 1, Article II, Penalties, of this Code.
B. Cemeteries; burial grounds.
1. If any person shall willfully and maliciously destroy, utilate, deface, injure or remove any
tomb, monument, gravestone or other structure placed within any cemetery, graveyard or place of
burial or within any lot belonging to any memorial or monumental association or any fence,
railing or other work for the protection or ornament of any tomb, monument, gravestone or other
structure aforesaid or of any cemetery lot within any cemetery; willfully or maliciously destroy,
remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial
or monumental association; willfully or maliciously destroy, mutilate, injure or remove and carry
away any flowers, wreaths, vases or other ornaments placed upon or around any grave, tomb,
monument or lot in any cemetery, graveyard or other place of burial; or willfully obstruct proper
ingress and egress to and from any cemetery or lot belonging to any memorial association, shall
be fined not exceeding one hundred dollars ($100.) or confined in jail not exceeding six (6)
months.
2. This section shall not apply to any work which is done by the
authorities of a church or
congregation in the maintenance or improvement of any burial ground or cemetery belonging to
it and under its management or control and which does not injure or result in the removal of a
tomb, monument, gravestone, grave marker or vault.
C. If any person unlawfully, but not feloniously, shall take and carry away or
destroy, deface or
injure any property, real or personal, not his own or break down, destroy, deface, injure or
remove any monument erected for the purpose of marking the site of any engagement fought
during the War Between the States or for the purpose of designating the boundaries of the town
or any tract of land, or any tree marked for that purpose, he shall be guilty of a misdemeanor.
D. If any person shall willfully and maliciously break any window or door of
the courthouse,
house of public worship, college, schoolhouse, town hall or other public building or library or
willfully and maliciously injure or deface any statuary in any public buildings or on any public
grounds or willfully and maliciously injure or deface any courthouse, house of public worship or
town hall or any other public building or willfully and maliciously destroy or carry away any
furniture belonging to or in any of such buildings or willfully and unlawfully injure or deface any
book, newspaper, pamphlet, map, picture, manuscript or other property belonging to any library,
reading room, museum or other educational institution or unlawfully remove the same therefrom,
he shall be guilty of a misdemeanor.
E. It shall be unlawful for any person to pick, pull up, tear up, dig up, cut,
break, injure, burn or
destroy any tree, shrub, vine or turf growing or being upon the land of another or upon any land
reserved, set aside or maintained by this town as a public park or as a refuge or sanctuary for
wild animals, birds or fish, without having previously obtained the permission, in writing, of
such owner, his agent, tenant or lessee or of the superintendent or custodian of such park, refuge
or sanctuary so to do unless the same is done under the personal direction of such owner, his
agent, tenant or lessee or the superintendent or custodian of such park, refuge or sanctuary. Any
person violating this subsection shall be guilty of a misdemeanor; provided, however, that the
approval of the owner, his agent, tenant or lessee or the superintendent or custodian of such park
or sanctuary afterwards given in writing or in open court, shall be a bar to further prosecution or
suit.