Penalties for violation of any of the provisions of this chapter are as follows:
(A) Any violation(s) of this chapter are a Class 3 misdemeanor punishable by a fine of up to $500 plus 80% surcharges and by up to 30 days in jail.
(B) The Town Magistrate, as part of an offender's judgment and sentencing, may order the offender to perform community service to clean up the community or perform graffiti abatement services for up to 40 hours for a first offense conviction and by up to 200 hours for each subsequent conviction.
(C) Adults shall be sentenced to a minimum of one day in jail for a first offense conviction and shall pay jail costs as part of their sentence in addition to any fines or other penalties allowed under law.
(D) No property owner or responsible party that is a victim of graffiti on their property will be criminally charged for failing to remediate/remove the graffiti in a timely manner but may be ordered to appear for a due process hearing and order to show cause proceeding to effect remediation by abatement.
(E) Juveniles that are convicted of violations of this chapter shall be sentenced by the Town Magistrate in accordance with A.R.S. § 8-323, including a fine of up to $500 plus surcharges; up to 30 hours of community service to clean up the community and eliminate graffiti; a recognized counseling or educational program approved by the Presiding Judge of the Juvenile Court or Supreme Court, and may order the juvenile's driver's license suspended for up to 180 days.
(F) Parent(s) or guardian(s) of juveniles convicted of any violation of the anti-graffiti provisions of this chapter are liable for the costs of the damage, restoration and repair expenses to the property owner and/or town up to $10,000 as per A.R.S. § 12-661 et. seq.
(Ord. 483-08, passed 6-2-2008)