§ 6.32.080. Penalties.

(a)

Criminal penalties. Any violation of section 6.32.050(a) shall be a misdemeanor punishable by either six months in jail, a $1,000.00 fine, or by such fine and imprisonment, and by the performance of community service in the form of graffiti cleanup to the maximum extent permitted by Penal Code § 594 and/or any other provision of law.

(b)

Additional penalties available. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction:

(1)

Litter or graffiti cleanup pursuant to Vehicle Code § 42001.7, upon conviction of violation of Vehicle Code § 23111, 23112 or 23113(a).

(2)

Suspension or delay of issuance of a driver's license pursuant to Vehicle Code § 13202.6 upon a graffiti-vandalism conviction.

(3)

Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the city, as provided in Welfare and Institutions Code article 18.5 - Graffiti Removal and Damage Recovery Program (Welfare and Institutions Code § 742.10 et seq.).

(4)

Performance of community service, including graffiti removal service of up to 100 hours by any minor determined to be a ward of the court as a result of committing a drug-related offense in the city, as provided in Welfare and Institutions Code § 729.8.

(c)

It is the city's further intent that pursuant to Penal Code § 640.6(a), all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to Penal Code § 594 et seq., or this chapter.

(d)

Pursuant to Civil Code § 1714.1, any parent or legal guardian whose minor child is convicted of a violation of this chapter or who paints, chalks, or otherwise applies graffiti as prohibited by section 6.32.050, or who assists, aids or abets such graffiti application, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all law enforcement costs, city staff costs, attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to $25,000.00.

(Code 1969, § 6.32.080; Ord. No. 715, § 1(part), 1995)