§ 48-9. Penalties for offenses., Chapter 48. Graffiti and Defacement of Property, Code of Ordinances, Brookhaven

Any person who violates §§ 48-4 and 48-5 of this chapter shall be punishable as follows: upon a first conviction, by a fine of $1,000 to $2,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $2,000 to $3,000 or by imprisonment for not less than 15 days nor more than six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation shall be prosecuted as a misdemeanor. In addition, any person who violates § 48-4 or 48-5 of this chapter shall be liable for the reasonable cost, as determined by the court, of restoring the defaced property to its original condition.

[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

Any person who violates § 48-6A, 48-6B or 48-6C of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for one year, or both, for each violation thereof. The court may suspend any fine or imprisonment by sentencing the defendant to perform appropriate and suitable community service.

[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

Any person who violates § 48-7 of this chapter shall be guilty of a violation punishable by a fine of not more than $250 and, for a second or subsequent offense, shall be guilty of a misdemeanor punishable by a fine of not more than $500, or six months' imprisonment, or both.

[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

Any person who violates § 48-8 of this chapter shall be guilty of a violation punishable by a fine of not more than $150.

[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

The parent or legal guardian, other than the state or local Social Services Department or foster parent, of any minor over the age of 10 and under 18 who violates any section of this chapter, with the exception of § 48-8, shall be liable for any damages and/or restoration costs that result from such violations of this chapter where it is determined by the court that the defendant has failed to, or is financially incapable of, restoring the defaced property as required by Subsection A of this section.