(1) The penalty for violation of § 10-501(1) or
§ 10-501(3) of this Chapter shall be a fine of not less than $100 nor more
than $300 except that acts of graffiti shall be subject to a fine of $300. The
Court may in its discretion suspend the fine if the offender agrees to and does
in fact perform such community service as the court deems appropriate, which may
include but need not be limited to restoring the property to the condition it
was in prior to its destruction, damage or defacement or, agrees to and does in
fact provide restitution to the condition it was in prior to its destruction,
damage or defacement, for the restoration of the property whichever the Court
determines is appropriate under the circumstances. In making this determination,
the Court shall also consider recommendations made by the
victim.
[76] (2) The penalty for
violation of subsection 10-501(2) of this Chapter shall be a fine of not less
than fifty (50) dollars, nor more than three hundred (300)
dollars.
(3) Repeat Offenders.
[77] Any
person who commits, on more than one occasion, an act of graffiti in violation
of Section 10-501(1) shall be guilty of a separate offense of Repeat Violation,
and for each such Repeat Violation, shall be subject to a fine of three hundred
($300) dollars, or imprisonment for not more than ninety (90) days, or both.
Each violation, after the first, shall constitute a separate Repeat Violation
offense.