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2010 ORD O-02-10
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2010 ORD O-02-10
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2/24/2014 4:41:06 PM
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2/20/2014 8:09:45 PM
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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />and severally liable with such minor for any and all costs incurred in connection with the <br />removal of any graffiti caused by the minor, including all abatement costs, attorney's fees and <br />court costs resulting from the civil prosecution of any claim for damages, not to exceed thirty- <br />seven thousand dollars ($37,000), pursuant to the amount set by the California Judicial <br />Council in accordance with California Civil Code section 1714.1(c). The city, including the <br />Colton Police Department, shall be entitled to seek full cost recovery from the parent or legal <br />guardian of a minor found to be guilty of violating any provision of this chapter." <br />SECTION 3. Section 9.27.160 of Title 9, Chapter 9.27 of the Colton Municipal Code <br />is amended in its entirety and restated to read as follows: <br />119.27.160 - Additional remedies—Recovery of law enforcement costs. <br />A. Pursuant to California Penal Code Section 594, a person convicted for acts of <br />vandalism including defacing property with graffiti may be subject to additional punishment <br />imposed by the court. Such punishment imposed by the court may include the following: <br />1. If the amount of defacement, damage or destruction is four hundred dollars <br />($400) or more, vandalism is punishable by imprisonment for up to one year, or by a fine of <br />up to ten thousand dollars ($10,000). <br />2. If the amount of defacement, damage or destruction is less than four hundred <br />dollars ($400), vandalism is punishable by imprisonment for up to one year, or by a fine of up <br />to one thousand dollars ($1,000), or by both a fine and imprisonment. <br />3. If the amount of defacement, damage or destruction is less than four hundred <br />dollars ($400) and the defendant has been previously convicted of vandalism or affixing <br />graffiti, the vandalism is punishable by imprisonment for up to one year, or by a fine up to <br />five thousand dollars ($5,000), or by both a fine and imprisonment. <br />B. These remedies are in addition to any other costs incurred or recovered by the city, <br />and payment of these costs shall not in any way limit, preclude or restrict any other right, <br />remedy or action otherwise available to the city." <br />SECTION 4. Section 9.27.180.5 is hereby added to Title 9, Chapter 9.27 of the <br />Colton Municipal Code to read as follows: <br />119.27.180.5 – Additional remedies—Administrative Citation. <br />A. Pursuant to Sections 8.12.010 through 8.12.130 of this Code, whenever a peace officer <br />charged with the enforcement of any provision of this chapter determines that a violation of <br />this chapter has occurred, the peace officer shall have the authority to issue an administrative <br />citation to any person responsible for the violation, or in the case of a minor, to such minor's <br />parent or legal guardian having custody or control of the minor. <br />B. Whenever a peace officer charged with the enforcement of this chapter determines that <br />a violation of this article has occurred, the peace officer may issue an administrative citation <br />for each violation found to have occurred. <br />-2- <br />
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