10-6-5 Penalties.
A. Fines and Imprisonment. Any person violating this code shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense; five hundred dollars ($500.00) for the second offense; and one thousand dollars ($1,000) for each subsequent offense, or by imprisonment in jail or probation or by both fine and imprisonment and probation at the discretion of the court.
1. In the case of a minor, the parents or legal guardian shall be jointly and severably liable with the minor for payment of all fines.
2. Failure of the parents or legal guardian to make payment may result in the filing of a lien on the parent’s or legal guardian’s property that includes the fine and administrative costs.
3. Upon an application and finding of indigence, the court may decline to order fines against the minor, parents or guardian.
B. Restitution. In addition to any punishment specified in this section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severably liable with the minor to make the restitution.
C. Forfeiture of Personal Property. All personal property, including, but not limited to, automobiles, motorcycles and bicycles, used or intended to be used in violating this code may be forfeitable to the Town. In forfeiting such personal property, the Town may follow the procedures outlined in State statutes concerning forfeitures of personal property. In any forfeiture proceeding under this section, the court shall not order forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by the Arizona and United States Constitutions.
D. Community Service. In lieu of, or as part of, the penalties specified in this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements:
1. The minor or adult shall perform at least thirty (30) hours of community service within the Town boundaries of Oro Valley.
2. At least one (1) parent or guardian of the minor or responsible adult may be in attendance a minimum of fifty percent (50%) of the period of assigned community service.
3. The entire period of community service shall be performed under the supervision of a community service provider.
4. Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have a rehabilitative effect on the minor or adult, including community service that involves graffiti removal.
5. Any minor determined to be a ward of the court under Arizona State law as a result of committing an offense in the town shall be required, at the Town’s option, to perform community service, including graffiti removal service of not less than thirty (30) hours nor more than eighty (80) hours.
E. Civil Responsibility for Damages for Wrongful Sale, Display or Storage. Any person who sells, displays or stores, or permits the sale, display or storage, of graffiti implements in violation of the provisions of this code shall be liable for all costs, including attorney’s fees and court costs, incurred by any party in connection with the removal of graffiti, or such party’s prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully sold, displayed or stored graffiti implement in violation of the provisions of this code; provided, that such liability shall not exceed two thousand five hundred dollars ($2,500). ((O)11-09, 03/16/2011; (O)10-12, 10/20/2010)