2.48.170 Malicious mischief.
A. The following acts are prohibited, and every person is guilty of malicious mischief who unlawfully or without right wilfully does any of the following:
1. Destroys, cuts, mutilates, effaces, or other-wise injures, tears down or removes, any tomb, plot, monument, memorial, or marker in the city cemeteries, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of the cemeteries or any property therein;
2. Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, tree, shrub, flower or plant within the cemeteries;
3. Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.
B. The foregoing provisions relating to malicious mischief do not apply to the removal or unavoidable breakage or injury, by the city or its agents or employees, of anything placed in or upon any portion of the city cemeteries in violation of any of the rules or regulations of the city, nor to the removal of anything placed in the cemeteries by or with the consent of the city which has become in a wrecked, unsightly or dilapidated condition.