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2 <br />3 <br />4 <br />5 <br />6 <br />8' <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />16 <br />17 <br />21 <br />22 <br />23 <br />24 <br />27 <br />B. General Civil Liability. In addition to the administrative and other penalties <br />identified in this Chapter, any person may be held liable in a civil proceeding for damages to <br />public or private property, including attorney's fees and court costs, incurred as a result of <br />said person violating any provision of this chapter. <br />C. Criminal Penalties. In addition to the administrative and other penalties <br />identified in this Chapter, violation of any of the provisions of this chapter is a misdemeanor <br />subject to the penalties prescribed by California Penal Code Section 594. Any person <br />convicted of violation of any of the provisions of this Chapter who is granted probation, and <br />any juvenile offender under a juvenile court's jurisdiction, as described in California Welfare <br />and Institutions Code section 602, as a result of committing an offense set forth in this <br />chapter, shall, in addition to any other penalties prescribed by law, make restitution to the <br />victim. <br />D. Community Service Requirement. Upon the conviction of any person for the <br />application of graffiti, the City may request the court to order the person to complete <br />community service not to exceed one hundred twenty-five (125) hours for the first conviction. <br />Upon the second and subsequent conviction of any person for the same offense, the City <br />may request the court to order the person to complete community service not to exceed two <br />hundred fifty hours (250). <br />E'Driving Privilege Suspension. In accordance with California Vehicle Code <br />Section 13202.6, upon the conviction of any person for the application of graffiti committed <br />while the person was thirteen years of age or older in violation of California Penal Code <br />Section 594, the City may request the court to suspend the person's driving privilege for one <br />year. <br />If the person convicted does not yet have the privilege to drive, the City may request <br />that the court order the California Department of Motor Vehicles to delay issuing the privilege <br />to drive for one year subsequent to the time the person becomes legally eligible to drive. For <br />each successive offense, state law requires that the court suspend the person's driving <br />privilege for those possessing a driver's license or delay the eligibility for those not in <br />possession of a driver's license at the time of their conviction for one additional year. <br />F. Prosecution as Infraction. Notwithstanding any penalty provision provided in <br />this Municipal Code, where the City Attorney or City Prosecutor (or in the case of a notice to <br />appear, the citing official) determines that such action would be in the interests of justice, the <br />City Attorney or City Prosecutor may prosecute any such offense as an infraction. In the <br />event a notice to appear is prepared as a misdemeanor, the City Attorney or City Prosecutor <br />may nonetheless prosecute any such offense as an infraction. Each and every day that a <br />violation of this Chapter is committed shall be deemed a separate offense and shall be <br />punishable as herein provided. <br />G. Nothing in this chapter shall prevent the City initiating civil, criminal or other <br />legal or equitable proceedings as an alternative or in addition to the proceedings set forth in <br />the administrative fine and penalty provisions of Chapter 8.12 of this Municipal Code." <br />SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase or <br />portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision <br />of any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this Chapter. <br />-13- <br />