(A) Parental civil liability. A parent or legal guardian having custody or control of a minor under the age of 18 shall be jointly and severally liable with such minor, and shall be considered a “responsible person” for any administrative penalties assessed pursuant to Chapter 1.08 of this code, and may be held liable in a civil proceeding for damages to public or private property, including attorney’s fees and court costs, incurred as a result of the minor willfully violating any provision of this chapter. Damages assessed against a parent or legal guardian having custody and control of a minor shall not exceed any expressly applicable statutory limits, including Civil Code § 1714.1.
(B) General civil liability - administrative penalties. Any person may be held liable in a civil proceeding for damages to public or private property, including attorney’s fees and court costs, incurred as a result of the person violating any provision of this chapter. Any person responsible for a violation of any provision of this chapter may be assessed administrative penalties pursuant to Chapter 1.08 of this code.
(C) Criminal penalties. Any violation of a provision of this chapter shall be a misdemeanor punishable by either six months in jail, a $1,000 fine, or both.
(D) Community service requirement. Upon the conviction of any person for the application of graffiti, the city may request the court to order the person to complete community service not to exceed 100 hours for the first conviction. Upon the second and subsequent conviction of any person for the same offense, the city may request the court to order the person to complete community service not to exceed 200 hours.
(E) Graffiti removal. Upon the conviction of any person for the application of graffiti, the city may request the court to order the person to perform the necessary labor to clean up, repair or replace the property damaged by that person.
(F) Driving privilege suspension.
(1) In accordance with Cal. Vehicle Code § 13202.6, upon the conviction of any person for the application of graffiti committed while the person was 13 years of age or older in violation of Cal. Penal Code § 594, the city may request the court to suspend the person’s driving privilege for one year.
(2) If the person convicted does not yet have the privilege to drive, the city may request that the court order the California Department of Motor Vehicles to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. For each successive offense, state law requires that the court suspend the person’s driving privilege for those possessing a driver’s license or delay the eligibility for those not in possession of a driver’s license at the time of their conviction for one additional year.
(`78 Code, § 9.31.140.) (Ord. 3289 § 1, 2018; Ord. 2152 § 1 (part), 1993.)