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HomeMy WebLinkAbout21-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilman Eddie V. Negrete _ Council Office Subject: Graffiti Date: July 29, 1997 ~(Q)~W Synopsis of Previous Council Action: Recommended Motion: To discuss graffiti and possible implementation of stronger penalties. e ~~-/~ /~ri/< --- Signature -.. Contact Person: Councilman Eddie V. Nearete Phone: 5268 Supporting Data Atteched: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct.No.) (Acct. Description) Finance: Council Notes: e Refe.lL1J.eJ -10 LfJl$/qh'lf.. Rei//tuJ {/;rnflll'#Ce ~l/l'I7 AGENDA ITEM NO, ~ I e e e Municipal Cod. City .r F....n. $cc. 5-133.1 while on a public: hi.howey. ,..,...t. e.1Je,.. or way, or ant ~th.OI' public place. reprdJ... or wheth.r t.hat .uch penon it 0:' ia nO:' ill 3JlY automobile. vehicle, or other convoyan... tAdded o.d. 89-53. f 1. .f(. 6-2,,59: Am. o,.d. 94.99. n 1. 2. elr. 10.18-941. SECTION 5.133.1. GRAFFITI ABAT!:l'tlENT. (a) Il'o"TEl'o"T AND PtlllPO$E. The Council .r tho City or Fresno hereby finds a.~d docl_ lIlat cramU on public .r private property ....t.. · condition WntIln, to rod_ tho voluo .r such property. pro"",* bli"'t aIId d.torioral.ion .r Nrroundln, propel'll'. and lnvl:U fIInner "anclalism; and It rtSIllll in Iou of priolo In all'ec&od neiJhborhoocls and 1_ of business to nol,h. borin, commoreia\ ODtarprita. tbl GIlAFFITI DEFINED. For all pu~ .r this Municipal Coda, .cramU" m_ u...uthorizod tprI1in, ofpelnt or -mD, in ink. cba1k or clye or etchln.. dopictiJlc 1etters. ma"'bets. words. 81"'bola or ,..lpIa on .ny SUUc> t...... vohic1eo. r....... wa1Ia.lips. aldonI.... windows. stmts or othClt s1m1lu pi-. .vnauthorisad" _ elthor ..uhou~ tho p..... _t .r tho property 0....... or iD 1ItoIUlon 01.,.,... or ~ Ie) PROKIBIT1ON.lt IIlIII1awfII1 for Ul7 penon to point.r cba1k. or oIherw\Io appl7 ,...mtl, u ~nod In SoetlOD e.133.1lbl. upon stnloturos .r'l\1 kind within tho Cib' 01 Fnono. (cIl U rhalI be uD1awfIII ror.., porMll. reprdMoo of.... to aie!. oW or on_..... ~ to polnt, etch or ill any ot1Ier .........r ~ ".mU upon ttrUClUftl or mrr_ or tAr kind within tho Cit,y or Fresno. GRAFFm ABAri:MENT COST RECOVERY: PABE\Io"TAL CML LIABUJTY. M1 ad of wiIIfIII ~uet 117 a minor In .pp\1iDr srallil.i ill vIo..Uon oI..13U(c) .. c.Hfomia Pua1 Code _&loft 594. and whieh miscon. duet ....... ....... SO pr"""'. DOlin _ 01 $10.000.00, ,ball ..- th. JIU'lIIt or percliu ~ custody and ....lIo1 or tho minor to be joInUy and ..-ny Ii8bIe with &be 11II_ l'or .., ......... mulUn, rrom NO." milcon. due\, incIIadlll, ....t 110\ 1imllod 10. tho <001I apondod to ,......". .r .thOl"A'iH abate ouch ".a-IU damqe. Th. Ci~ Manasor sholl have tho authority to ...h......k reinllN_t l'orth. CI17'.coot.orl'Oft\oYallUId ab.temont pul'lUant 10 Calirornla Civil Coda Soc:lIon 171Ulbi.!AdclecI Ord. n-3o. f I. .rr. 6-19.921. '. SZCTION 8-133.2. J)1SPt.AYOF AEROSOL SPIlAY PAIN'T COl'o"TAll\'E1lS AND M.AJU(EIt PINs. J& sholl be unl.wful ror afty porson. firm. or oorporaUon dol.., butiDtU within &be City ofFrnno 10 -.. Il.O<k. keep or dltpla)' for tale or tnIItfer any _I fPI'Ol' poiBt conYl_. or tzIY Incl.llbl. Ink _kor pon with a Up outtdlnc &lur IIIiI1lIIIot.tr in wldt1l. In an .... otIw' than a pi... that II IocIcod and ........ or II othorwitt mado uaavallablo to tho public 'Dd whith II _lbl. .nly to omployott or Noh buoI_ lAdded Ord. '3.13. t I. 3-26-93) Supp. No. 1.9513.21.95) 213.3 e e e MU:1jci~ Code City "r F",sno 5<<. 3-180 ( SECTION 8-130. /IBA.'lDONiNG DO~lES1'1C ANIMAL No person .hall abandon or "' loose any domesU<: aninlal with ,bo in..n';on o~ .voidi"r ,ho l'ISpon.ibilit;v ror IIlI cu.tody ..~d <an. (Otii. Qrd. 40521. SECTION 8-131. COMMITl1NG mnSANCE. No perso" .ball commit. n~i. ..neo in any ,..bil. pi.... or upon any privale pro~y. or in .oy plael wbero tho.. ... o'b.r poTIOn. to be otr...declor anno;vecl thereby. 'Tho phrue ....mml' . nui..n.... as uoed in this seaion sballmtan ev.cua,.lh. bowels or bladder 01 0 placo not provided ror th" purpoo.. (Otii- Ord. 1076). .. SECTION 8-132. DIST1UB1JTI0N OF COMIC BOOKS. (0) No penon sball distribute. pve .way or in any way ..u" '0 be II1mishecl ulti....toly for _ by ...- under !be .... or oi",_n years any book. mapdno or ~er pIIblicatlon. ..mmonly klIown u ....mi. books" in which thoro is promineDIl1 r.M...... an ....,un' or crim.. and which cIopicta. by tho _ or drawlnp or pIlololl'OPbs the COIIlIftiUioD or _mplaCl OOIllllllalon or tho cri_ ofonon. usawl with oousllc chemi<aIs. _WI with a deodIy _pon, 1,,"'c1..,..!ddnappiA.. eortIare. mayh_. murcIor. rape. robbery. theft. or YONn- lAI')' man.lau"'ter. (bl This MCtioft abaIl not be 00llatI'IMd to In any way prohlblt the pIIbllcallon of aetuaI OCCIlWItI of crime. llOl' to tile dr8winp ofphotoerapbs_ to ill_Ie IUCh _Dla. which an a port 01 the pnoraI ~ill&tion ot nowr. nor ehall it oppIy Ie !be publicatio... dIIlributlon or diaomJnallon of "l)'1ldielltd Comic Section. which ronn 0 pet ot an ..tobliabed ~por onppd In !be ......-1 eircuIatIon of....... lOti,. Ord. 443$1. SECTION 80133. SALE. FUllNlSlUNG. PURCHASE OR POSSESSION OF AEROSOL PAINT CONTAI1'<'E1l: PERSONS UNDER THE AGB OF a YEA1lS; POSSESSION OF GRAFFmINPLEMBNTS. CaI It ohaIl be ulllowful ror any ponon.l\nD. or _ration. oxctplo puant or lop! panllan. to oeII. live away. or III any -'J (urnlsh to another poroolI. who ia III reel uu.r tho ... or 1. J'UI'Io any aeroool _wner ot paint ".J,nin, ,Ix _ or 1_ lJItt ftipl of contents! tIIat is capable or deCaein, property wllhvut nltt ob_iDr bona lido ovlden.. or III8jorlty and iOtntUy. For tho purpoooS orthlullbdMslon. "bona IIQ tyjclonoe oCmeJori17 and IdtntilY" Is any docum.nl eYidenclnr tho ..- and Idtnti17 ot an Individual ",hich lias boon isoued b'J a rederal. NW. or *-I ~I entity, and 1Il.lud... but is not limited to. a drl_', Iicotloe. a rqlstratton otrtlt'_:e ....ed under tho rederal Sol~ve Service Act. or an icIonlifioation card iaaued to a member of tho armed r....... ChI It ehall be unla.-ftalfor any poraon unclor !be ... or 18 yea.. Ie ,,,"best an -' OOIltalner or paint welPlnr the 011.... or I... (nol weiCht of conlOnlsl lbo' I, capable .t MtaciD, pl-IK. c,. tel It is u..lawlw for any penon reprdless of ace. to po...... ",ilb the Intent," deC... an,. ...'jlIrtY. an'J ..rosel container of ~l, or rolt lip marker pen or othor inclollbk ink muker. any pressurized eo"w"er deslped to proptlliquid. ""Y spray acUv.lor copoble or beillr .tlschod to en _I palntoonwner. or any otchi", tool u dofined by California Penal Code Section 594.2(0) or any other dtyj", capable or sca:rini ilus. Illetal. ..nerete or ...ood. ., . . Supp. No. 1.9513-21.95) 273.2 -= ~~,- ~ e '- e - ORDINANCE NO. 3686 AN ORDINANCE OF THE COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING ARTICLE V (GRAFFITI REMOVAL AND REWARD PROGRAM) OF CHAPTER 5 OF ORDINANCE NO. 1673, ALSO KNOWN AS THE CODE OF THE CITY OF POMONA. BE IT ORDAINED by the Council of the City of Pomona, Caiifornia, as follows: SECTION 1. That Article V of Chapter 5 of Ordinance No. 1673, also known as the Code of the City of Pomona. California. 1s hereby amended to read as fonows: Article v. Graffiti Removal and Reward Program Sec. 5-130. Graffiti. A. Intent. The City Council hereby finds and determines that the writing, spraying, scratching. or otherwise affixing graffiti or other inscribed materials on permanent structures located on public or privately owned real property without the consent or permission of the owner thereof is a public nuisarice and obnoxious. as well as. injurious to the public health, safety, and welfare. for the following reasons: 1. Such markings are often placed on said structures by gangs to Indicate illicit control over certain locations or areas for purposes of criminal activity. 2. Such markings directly and Indirectly encourage gang warfare, including drive-by shootlngs, and other acts of violence which result in injuries and fatal ities to gang members and innocent by-standel'S. alike. 3. Such markings are destructive to publicly and privately owned property and cause a depreciation in the value of said property and a depreciation in the value of adjacent and surrounding properties as well. Such markings result in blight and deterioration of property and business values in the community and lead to economic loss and the destruction of property in general. 4. B. Definitions. For the purposes of this Article. certain terms used shall have the meaning provided in this Section: 1. "Graffiti" means any unauthorized inscription, word, figure or design which is marked, etched, scratched, drawn, painted or otherwise placed on any structural component of any building structure, or other facn ity regardl ess of the nature of the material of that structural component. .1. . . e -, 2. "Responsible Adult" means a parent, legal guardian or person having legal responsibility for an individual under the ag~ of 18. Sec. 5-131. Removal of Graffiti. The City Administrator is hereby authorized to use public funds and facilities for the removal of any of the aforementioned described graffiti as provided for and subject to the provisions of Section 53069.3 of the Government Code of the State of California. Sec. 5-132. Reward Leading to the Apprehension of Vandals. The City Council may by resolution offer to pay a reward for the information leading to the determination of the identity whose willful mi sconduct results in the damage to property by reason of inscribing thereon graffiti as herein set forth shall be liable for the amount of any reward paid pursuant to this Article and Section 53069.5 of the California Government Code, and if he or she is an unemancipated minor. the Responsible Adult for said minor shall be liable for that amount. Sec. 5-133. Vandalism Damages. The Ci ty Admini strator. Pol ice Chief, or their designees, are authorized to notify and inform any court finding any person guilty of the act of vandalism as defined in Section 594 of the California Penal Code that the City has an ordinance wherein the City Council has authorized the City Administrator or his agent to clean up and repair the property damaged by the act of vandalism and the cost to the City of doing that cleanup and repair and to further request that the court order the person convicted of the vandal ism to pay the City for said cost to repair pursuant to Section 594 of the California Penal Code. Sec. 5-134. Penalties for Placement of Graffiti. Upon conviction of any person under sections 594 and 640.5(a) of the California Penal Code, in addition to the monetary and community service sanctions prOVided under said code sections, the court shall order the defendant to perform a minimum of forty (40) hours of community service with the City of Pomona or with an agency located within the City of Pomona, for the purpose of graffiti removal or other related activities. Sec. 5-135. Liability ~f Responsible Adult. In addition to the monetary 1 iabll ity that the Responsible Adult may incur pursuant to Section 640.6(3) of the Penal Code, said Responsible Adult upon conviction of any minor child under his or her care, shall be ordered to pay the costs of rest itut ion in a sum not 1 ess than $250.00 or no more than $5,000.00 to cover the costs of any and all damage caused by said minor's action, upon which the conviction was based. A court may waive payment of said restitution by the Responsible Adult upon a finding of good cause. - 2 - , e .... e - SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it. shall thereafter be in full force and effect thirty days after the date of its adoption. APPROVED, PASSED AND ADOPTED this , ~t day of , 1993. MIIl"ch ATTEST: THE CITY OF POMONA ELIZABETH VILLERAL City Clerk DONNA SMITH Mayor By APpROVED AS TO FORM: ~~m" - (grafford) - 3 - e e e PAGE 1 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT CHAPTER FILED WITH SECRETARY OF STATE APPROVED BY GOVERNOR PASSED THE ASSEMBLY PASSED THE SENATE AMENDED IN SENATE AMENDED IN ASSEMBLY 847 SEPTEMBER 24, 1996 SEPTEMBER 23, 1996 AUGUST 30, 1996 AUGUST 14, 1996 AUGUST 8, 1996 MARCH 25, 1996 INTRODUCED BY Assembly Member Harvey FEBRUARY 20, 1996 An act to amend sections 640.5 and 640.6 of, and to add Section 640.8 to, the Penal Code, relating to graffiti. LEGISLATIVE COUNSEL'S DIGEST AB 2433, Harvey. Graffiti: freeways: penalties. III Under existing law, it is an infraction punishable by a fine not to exceed $500 and the performance of community service to deface with graffiti or other inscribed material, as defined, certain real or personal property or the interior or exterior of facilities or vehicles of a governmental entity. For second violations of this graffiti provision, existing law makes it a misdemeanor punishable by county jail time, a fine, or the performance of community service. For the third or subsequent violations of this provision, existing law makes it a misdemeanor punishable by imprisonment in a county jail not exceeding one year or the performance of community service. This bill would provide that, with respect to the first and 2nd violations, the maximum fine and community service time be doubled. The bill would also provide that, for the 3rd or subsequent violation, the maximum community service time be doubled and a fine not to exceed $3,000 be imposed. The bill would make corresponding increases in the time allotted for completion of the performance of community service time. (2) Existing law provides that any person who violates certain provisions regarding vandalism and graffiti offenses on or within 100 feet of a highway, or its appurtenances, as specified, is guilty of a misdemeanor, punishable as specified. This bill additionally would provide that any person who violates those provisions on a freeway or its appurtenances, as specified, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed $5,000, or by both the imprisonment and fine. The bill would authorize the court to order, as a condition of probation, the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days during a time other than during his or her hours of e e e PAGE 2 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AS 2433 BILL TEXT school attendance or employment. Because this bill would increase the punishments for existing crimes, it would impose a state-mandated local program. (3) This bill would incorporate additional changes to Sections 640.5 and 640.6 of the Penal Code proposed by AS 2295, to be operative only if AS 2295 and this bill are both chaptered and become effective January 1, 1997, and this bill is chaptered last. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 640.5 of the Penal Code is amended to read: 640.5. (a) Any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a governmental entity, as defined by Section 811.2 of the Government Code, or the interior or exterior of the facilities or vehicles of a public transportation system as defined by Section 99211 of the Public Utilities Code, or the interior or exterior of the facilities of or vehicles operated by entities subsidized by the Department of Transportation or the interior or exterior of any leased or rented facilities or vehicles for which any of the above entities incur costs of less than two hundred fifty dollars ($250) for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($l,OOO) and by a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days. during a time other than during his or her hours of school attendance or employment. This subdivision does not preclude application of Section 594. (b) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4. 640.6, or 640.7, the offense is a misdemeanor, punishable by imprisonment in a county jail not to exceed six months. by a fine not to exceed two thousand dollars ($2,000). or by both that imprisonment and fine. As a condition of probation, e e e PAGE 3 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a-period not to exceed 350 days during a time other than during his or her hours of school attendance or employment. (c) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than during his or her hours of school attendance or employment. (d) (1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (bl, or (cl, at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (2) If a minor is personally unable to pay any fine levied for violating subdivision (a), (bl, or (c), the parent or .legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. (e) Any fine levied for a violation of subdivision (a), (bl, or (cl shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental entity having jurisdiction over, or responsibility for, the facility or vehicle involved, to be used for removal of the graffiti or other inscribed material or replacement or repair of the property defaced by the graffiti or other inscribed material. Before crediting these fines to the appropriate governmental entity, the county may determine the administrative costs it has incurred pursuant to this section, and retain an amount equal to those costs. Any community service which is required pursuant to subdivision (a), (bl, or (cl of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. (fl As used in this section, the term "graffiti or other. inscribed material" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property. SEC. 1.5. Section 640.5 of the Penal Code is amended to read: 640.5. (al (1) Any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a governmental entity, as defined by Section 811.2 of the Government Code, or the interior or exterior of the facilities or vehicles of a public transportation system as defined by Section 99211 of the Public Utilities Code, or the interior or exterior of the facilities of or vehicles operated by entities subsidized by the Department of Transportation or the interior or exterior of any leased or rented facilities or vehicles for which any of the above entities incur costs of less than two hundred fifty dollars ($250) for e e e PAGE 4 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000) and by a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment. This subdivision does not preclude application of Section 594. (2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for 90 days. participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (b) (1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.6, or 640.7, the offense is a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 180 days. participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (c) (1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service that may be ordered pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 240 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent e e e PAGE 5 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT who must care for young children. (d) (1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (2) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. (e) Any fine levied for a violation of subdivision (a), (b), or (c) shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental entity having jurisdiction over, or responsibility for, the facility or vehicle involved, to be used for removal of the graffiti or other inscribed material or replacement or repair of the property defaced by the graffiti or other inscribed material. Before crediting these fines to the appropriate governmental entity, the county may determine the administrative costs it has incurred pursuant to this section, and retain an amount equal to those costs. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. (f) As used in this section, the term "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property. (g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (dl to undergo counseling. SEC. 2. Section 640.6 of the Penal Code is amended to read: 640.6. (al Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not his or her own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). This subdivision does not preclude application of Section 594. In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 48 hours of community service not to exceed 200 hours over a period not to exceed 180 days during a time other than during his or her hours of school attendance or employment. (b) If the person has been convicted previously of an infraction under subdivision (al or has a prior conviction of Section 594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor, punishable by not to exceed six months in a county jail, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than during his or her hours of school attendance or employment. (c) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any combination of these e e e PAGE 6 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than during his or her hours of school attendance or employment. (d) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (e) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. (f) As used in this section, the term "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property. SEC. 2.5. Section 640.6 of the Penal Code is amended to read: 640.6. (a) (1) Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not his or her own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). This subdivision does not preclude application of Section 594. In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 48 hours of community service not to exceed 200 hours over a period not to exceed 180 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (b) (1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor, puniShable by not to exceed six months in a county jail, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not e e e PAGE 7 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 180 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (c) (1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service that may be ordered pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 240 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (d) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (e) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. Any community'service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. (f) As used in this section, the term "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property. (g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling. SEC. 3. Section 640.8 is added to the Penal Code, to read: e e e PAGE 8 Display 1995-1996 Bill Text - INFORMATION BILL NUMBER: AB 2433 BILL TEXT 640.8. Any person who violates Section 594, 640.5, or 640.6, on a freeway, or its appurtenances, including sound walls, overpasses, overpass supports, guardrails, signs, signals, and other traffic control devices, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days during a time other than his or her hours of school attendance or employment. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 640.5 of the Penal Code proposed by this bill and AB 2295. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1997, (2) each bill amends Section 640.5 of the Penal Code, and (3) this bill is enacted after AB 2295, in which case Section 1 of this bill shall not become operative. SEC. 5. Section 2.5 of this bill incorporates amendments to Section 640.6 of the Penal Code proposed by this bill and AB 2295. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1997, (2) each bill amends Section 640.6 of the Penal Code, and (3) this bill is enacted after AB 2295, in which case Section 2 of this bill shall not become operative. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.