(a) Criminal Penalties. Any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a one thousand dollar fine, or by such fine and imprisonment, and by the performance of community service in the form of graffiti clean-up to the maximum extent permitted by California Penal Code Section 594 and/or any other provision of law. Each such person, firm, corporation, or partnership shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of the provisions of this code is committed, continued, or permitted by such person, firm, corporation, or partnership, and shall be deemed punishable thereof as provided in this section.
(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 clean-up pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Sections 23111, 23112, or 23113(a).
(2) Suspension or delay in issuance of driver's license pursuant to California Vehicle Code Section 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 an act of vandalism in the city, as provided in California Welfare and Institutions Code Section 728.
(4) Performance of community service, including graffiti removal service of up to one hundred 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 California Welfare and Institutions Code Section 729.8.
(c) It is the city's further intent that pursuant to California Penal Code Section 640.6(a), all acts of graffiti vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594 et seq., or this chapter.
(d) Any parent or legal guardian whose minor child possesses a graffiti implement, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by the child, or by graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement.
(Ord. 468 § 1 (part), 1993).