A. Any person knowingly and wilfully violating the provisions of Section 12.28.040(A) shall be deemed guilty of a misdemeanor and shall be punished in accordance with Chapter 1.08 of this code.

B. Except as provided in subsection A of this section, any person violating, or causing or permitting the violation of, this chapter shall be deemed guilty of an infraction and shall be punished by a fine in accordance with Chapter 1.08 of this code; provided, however, that any offense which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three or more violations of this chapter within the twelve-month period preceding the commission of the offense alleged in the accusatory pleading.

C. Any individual found guilty of a violation of this chapter shall reimburse the city or the property owner, as appropriate, for any and all costs incurred in removing the graffiti. Such reimbursement shall be in addition to any other penalties imposed by the court pursuant to this section. If the violator is a minor, the parent or guardian shall also be responsible for such reimbursement. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

D. If a minor is personally unable to pay any fine, levied for violation of this chapter, or reimbursement of costs incurred in removal, the parent or legal guardian of the minor shall be liable for payment of the fine or costs. In lieu of any such payment, the minor may be ordered to participate in community service in the form of removal of graffiti within the city.

E. In addition to any other available remedies and penalties, any violation(s) shall also be subject to the remedies and penalties provided in Chapter 1.10 of this code. (Ord. 94-8 § 1, 1994)