Chapter 8.82 GRAFFITI
Section 8.82.050 Penalties.
1. Fines and imprisonment. Any person violating this ordinance shall be
punished by a fine of one
hundred dollars ($100.00) for the first offense; two hundred fifty dollars ($250.00) for the second
offense;
and five hundred dollars ($500.00) for each subsequent offense, or by imprisonment in the County jail
for a
term not to exceed thirty (30) days, or by both fine and imprisonment at the discretion of the court.
a. In the case of a minor, the parents or legal guardian
shall be jointly and severely liable with the
minor for payment of all fines.
b. Failure of the parents or legal guardian to make
payment will result in the filing of a lien on the
parents' or legal guardian's property that includes the fine and administrative costs.
c. Upon an application and finding of indigence, the
court may decline to order fines against the minor,
parents or guardian.
2. Restitution. In addition to any punishment specified in this section, the
court shall order any violator to
make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense
in
the amount or manner determined by the court. In the case of a minor, the parents or legal guardian
shall be
ordered jointly and severely liable with the minor to make the restitution.
3. Community service. In-lieu of, or as part of, the penalties specified
in this section, a minor or adult
may be required to perform community service as described by the court based on the following minimum
requirements:
a. The minor or adult shall perform at least thirty
(30) hours of community service.
b. At least one parent or guardian of the minor shall
be in attendance a minimum of fifty percent (50%)
of the period of assigned community service.
c. The entire period of community service shall be performed
under the supervision of a community
service provider approved by the chief of police.
d. Reasonable effort shall be made to assign the minor
or adult to a type of community service that is
reasonably expected to have the most rehabilitative effect on the minor or adult, including community
service that involves graffiti removal.
e. Any minor determined to be a ward of the court under
Chapter 232 of the Code of Iowa as a result
of committing an offense in the city shall be required, at the city's option, to perform community service,
including graffiti removal service of not less than thirty (30) hours nor more than eighty (80) hours.
(Ord.
No. 2006-0203)