A. It is unlawful to apply graffiti on any premises as described herein. Notwithstanding the classification of a violation of the 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 is unlawful and an infraction for a minor to possess any aerosol paint container or wide tipped marker pen as described herein in violation of Section 9.16.040.
C. Any person convicted of an misdemeanor under this chapter shall be punished by: (1) a fine not exceeding five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of the chapter within one year.
D. Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense. (Prior code § 5509)