(A) It shall be unlawful and a misdemeanor to apply graffiti on any premises as described herein. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.
(B) It shall be unlawful and a misdemeanor for a minor to possess any “graffiti implement” as described herein in violation of § 6.52.040. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.
(C) Any person convicted of a misdemeanor under this chapter shall be punished by:
(1) A fine not to exceed $500 and/or 30 days in the county jail for a first violation;
(2) A fine not exceeding $1,000 and/or 90 days in the county jail for a second violation of this chapter within one year; and
(3) A fine not exceeding $2,500 and/or six months in the county jail for each additional violation of this chapter within one year.
(D) (1) Any person convicted of an infraction under this chapter shall be punished by:
(a) A fine not exceeding $50 for a first violation;
(b) A fine not exceeding $100 for the second violation of this chapter within one year; and
(c) A fine not exceeding $250 for each additional violation of this chapter within one year.
(2) Each day that a violation continues shall be regarded as a new and separate offense.
(E) Community based probation officer probation program, (Thunderbolt): community service with minimum hours and parental involvement. If the person violating this chapter is a minor, the matter may be referred to the community based probation officer. The community based probation officer may request that a petition be filed to declare the minor to be a ward of the court pursuant to Cal. Welfare and Institutions Code § 602, or elect to refer the matter to the traffic hearing officer. In lieu of filing a petition, the probation officer may impose a program of informal supervision, not to exceed six months, pursuant to Cal. Welfare and Institutions Code § 654. The probation officer shall be authorized to order the minor to perform such community service the probation officer deems appropriate. The community service shall contain the following minimum elements:
(1) The minor shall perform not less than 20 hours, nor more than 100 hours of community service.
(2) The entire period of community service shall be performed under the supervision of a community service provider approved by the community based probation officer.
(3) The probation officer may require at least one of the custodial parents or guardians to be in attendance for up to 50% of the period of the assigned community service.
(1995 Code, § 6.52.090) (Ord. 05-1975, passed 8-16-2005)