A. Criminal Penalties: Any violation of this Chapter shall be a misdemeanor punishable as provided in Section 1.02 of this Code, and by the performance of community service in the form of graffiti cleanup to the maximum extent permitted by California Penal Code section 594 and/or any other provision of law. (Ord. 58, 7-20-1995; amd. 2000 Code)
B. Additional Penalties Available: Whenever appropriate, the Town intends to petition a sentencing court to impose the following additional penalties upon conviction:
1. Litter or graffiti cleanup pursuant to California Vehicle Code section 42001.7, upon conviction of violation of California Vehicle Code section 23111, 23112, or 23113(a).
2. Suspension or delay of issuance of a 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 a vandalism-related offense in the Town, as provided in California Welfare and Institutions Code section 729.6.
4. Performance of community service, including graffiti removal service of up to one hundred (100) hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the Town, as provided in California Welfare and Institutions Code section 729.8.
C. It is the Town’s further intent that, pursuant to California Penal Code section 640.6(a), all acts of graffiti vandalism occurring within the Town shall be prosecuted as misdemeanors pursuant to California Penal Code section 594 et seq., or this Chapter.
D. Pursuant to California Civil Code section 1714.1, 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 said minor child, or by said graffiti implement, and for all law enforcement costs, Town staff costs, attorney fees and court costs incurred in connection with the civil prosecution of any claims for damages or reimbursement up to the sum of twenty five thousand dollars ($25,000.00)
E. Pursuant to California Government Code section 38773.6, the Town may abate any nuisance resulting from the defacement by a minor of property of another by graffiti or other inscribed materials in accordance with Section 11.20.060
of this Chapter. All costs of abatement and administrative costs including law enforcement costs, Town staff costs, and attorney fees shall be a special assessment against any parcel of land owned by any minor or by the parent or guardian having custody and control of the minor. The costs of assessment after confirmation by resolution of the Town Council, after recording shall constitute a lien on said property in the amount of said assessment and shall be collected at the same time and in the same manner as regular bills of taxes levied against said property is collected and be subjected to the same penalties and procedure and sale in case of delinquency. All laws applicable to the levy, collection and enforcement of real property taxes shall be applicable to the special assessment. (Ord, 314, 4-2-2024)