In lieu of, or as part of, requesting prosecution of a minor,
or in lieu of prosecuting a violation of this chapter as a crime against
an adult, the Police Chief shall be authorized to offer said minor
or adult an option to perform such community service as the Police
Chief deems appropriate, but which community service shall, if offered
at all, contain the following minimum elements:
A. The minor shall perform at least 30 hours of community service.
B. At least one of the custodial parents, or if none, guardians, shall
be in attendance at least 50% of the period of assigned community
service.
C. The entire period of community service shall be performed under the
supervision of a community service provider approved by the Chief
of Police.
D. Reasonable effort shall be made to assign the subject minor or adult
to a type of community service that is reasonable expected to have
the most rehabilitative effect on the minor or adult. To the extent
that the offense giving rise to the offer of community service constitutes
a violation of this chapter, a reasonable effort shall be made by
the Chief of Police to assign the minor to community service which
constitutes in significant part the removal of graffiti.
Any parent or other legal guardian who consents to, permits
or otherwise knowingly allows his or her child under the age of 18
to possess a graffiti implement shall be personally liable for any
and all costs to any person incurred in connection with the removal
of graffiti caused by said child, or by said graffiti implement, and
for all attorneys' fees and court costs incurred in connection
with the civil prosecution of any claim for damages.
If any section, clause, phrase or portion of this chapter is
for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The Town Commission
declares that it would have adopted each section, subsection, sentence,
clause, phrase or portion therefor irrespective of the fact that any
one or more sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.