§ 14-69. Graffiti crimes, sentencing.

(a)

As used in this section, the word "graffiti" shall have the same meaning as "graffiti" is defined by subsection 10-175(b) of this Code.

(b)

Graffiti crime, sentencing. Any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of graffiti, the person shall be placed on supervised probation for a period of time not to exceed the maximum period of probation allowed by section 14-61 of this Code, shall be ordered, as a condition of probation, to pay restitution for the cost, if any, of abating the graffiti, and shall be required to perform at least the following number of hours of useful public service and pay a fine of at least the following amount:

First offense	Forty (40) hours	$500.00
Second offense	Eighty (80) hours	750.00
Third offense	One hundred sixty (160) hours	999.00

 

The court shall have the authority to suspend any fine in excess of one hundred dollars ($100.00) only when it orders a person convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of graffiti, to perform useful public service in excess of the number of hours stated, and credits the dollar amount earned through such public service toward payment of the minimum fine owed. The person shall be paid at the standard hourly rate for such public service as established by the rules and regulations of the court. Useful public service shall be considered work which is beneficial to the public and which involves a minimum of public cost. Any sentence to perform useful public service pursuant to this section, when entered against a minor, shall be structured to allow the minor to continue regular school attendance.

(Ord. No. 677-07, § 5, 11-19-07)