(A) Upon conviction of any person for violation of any provision of this subchapter, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to impose community service time, pursuant to Cal. Penal Code § 640.6. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, in addition to any other community service time ordered by the court, the city may request any adult or emancipated minor convicted of vandalism, as defined by Cal. Penal Code § 594(a)(1) to complete a minimum of 24 hours, but not more than 48 hours, of community services cleaning up, removing and repairing property damaged by graffiti for the first conviction; and complete 48 hours, but no more than 96 hours, of community services cleaning up, removing and repairing property damaged by graffiti for each subsequent conviction.
(B) Any person who is under the age of 18 when he or she violates any provision of this subchapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Cal. Welf. & Inst. Code § 602 by reason of the commission of vandalism, may be required to perform community service time pursuant to Cal. Welf. & Inst. Code § 728. For any minor adjudicated guilty of vandalism, the city may petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.
(C) If a minor is personally unable to pay any fine levied for violating any provision of this subchapter or is otherwise unable to make restitution for damages, the minor's parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city shall petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this subchapter to clean up, repair, or replace property damage by the unemancipated minor.
(Ord. 639-C.S., passed 2-6-01)