(A) Whoever violates any provision of this chapter for which another penalty is not already herein provided, shall be subject to the penalty provisions of § 10.99.
('61 Code, § 5B.4)
(2) Subsequent offenses within 48 hours. Notwithstanding the provisions of § 10.99, any person violating any provision of §§ 130.020 through 130.022, and who is cited for such violation, and who, within 48 hours after receiving such citation, again violates the same section, is guilty of a misdemeanor.
('61 Code, § 5B.5)
(Ord. 1039, passed - - )
('61 Code, § 15.57) (Ord. 836, passed - - ; Am. Ord. 1080, passed - - )
('61 Code, § 15.72) (Ord. 930, passed - - )
(2) Restitution and Community Service. Any person convicted of violating §§ 130.155 - 130.167 may be required by a court to pay the city's costs of removing or repairing damage to property caused by graffiti or, where such removal and repair costs have been borne by the property owner, to provide restitution to the property owner in the amount of pecuniary damage caused by the graffiti. The court may also require the violator to perform up to 80 hours of community service. Such restitution and community service may be required in addition to any other penalties imposed by a court. In the case of a minor, “conviction” shall include finding by a juvenile court that the minor violated a provision of §§ 130.155 - 130.167 or any provision of state law regarding graffiti. Nothing in this section shall preclude the city from pursuing civil remedies, including judicial or administrative recovery off its removal costs pursuant to §§ 130.155 - 130.167.
(3) Driving Privilege Suspension. For each conviction of a person for any offense specified in §§ 130.155 - 130.167 that would also violate Section 594 of the Penal Code if so prosecuted, the city hereby authorizes and requests that the court suspend or delay issuance of the violator's driving privileges for one year pursuant to Vehicle Code, Section 13202.6. In the case of a minor, “conviction” shall include a finding by a juvenile court that the minor violated a provision of §§ 130.155 - 130.167 or any provision of state law regarding graffiti.
(Ord. 1153, passed 4-20-94)
(F) (1) Dangerous fireworks - criminal misdemeanor penalty. Any person violating any provisions of § 130.183A of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both such fine and imprisonment.
(2) In addition to any other penalties provided by law, whenever the enforcement official, as that term is defined in § 11.02, determines that a violation of § 130.183A has occurred, the enforcement official shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 11.02, pursuant to the procedures set forth in Chapter 12 (Enforcement of Code) of Title 1 (General Provisions). With respect to dangerous fireworks, the imposition of administrative fines and penalties under this section is limited to persons who possess, use, sell and/or display, and/or the seizure of, 25 pounds or less of dangerous fireworks.
(a) Use of the administrative citation procedure in Chapter 12 with respect to such violations of § 130.183A shall be at the sole discretion of the city.
(b) The amount of the administrative civil penalties imposed for administrative citations issued for such violations of § 130.183A shall be established by resolution of the City Council.
(3) A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of § 130.183A.
(4) Nothing in this chapter limits any of the penalties provided in the California Health and Safety Code or California Penal Code with regard to the unlawful transportation, use, discharge, possession, storage or sale of dangerous fireworks.
(5) The provisions of this subsection are in addition to any other penalty set forth in this chapter.
(Ord. 1787, 11-2-22)