(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.