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HomeMy WebLinkAbout6234 ORDINANCE NO. 6 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 9.54 OF THE AUBURN CITY CODE RELATING TO MALICIOUS MISCHIEF AND GRAFFITI VIOLATIONS WHEREAS, the current provisions of the Auburn city Code provide for graffiti abatement in terms of public nuisance and criminal violations; and WHEREAS, in order to allow graffiti abatement programs, it would be appropriate to amend the provisions of Chapter 9.54 of the Auburn City Code (ACC) to allow minors to possess materials that would otherwise be prohibited other than through a supervised community service program - graffiti abatement or an adult supervised non-graffiti painting project; and WHEREAS, it is also appropriate to add adult responsibility for graffiti and malicious mischief violations as well as the opportunity for city rewards to resist graffiti and malicious mischief conduct. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That chapter 9.54 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 9.54 MALICIOUS MISCHIEF, RECKLESS BURNING, FIRE Sections: 9.54.010 Unguarded fires. 9.54.020 Graffiti violations. I 9.54.030 Action Against Parent for Willful Injury to Propertv by Minor. 9.54.040 Rewards. ~ 9.54.900 Statutes incorporated by reference. Ordinance No.6234 April 13, 2009 Page 1 of 6 9.54.010 Unguarded fires. Any person who kindles a fire upon any street, alley, land, lot or block within the corporate limits of the city, which is not so enclosed or guarded as to prevent the same from spreading or being transmitted to any adjoining property belonging to or occupied by any other person, shall be guilty of a misdemeanor. (Ord. 5682 § 1, 2002.) 9.54.020 Graffiti violations. A. Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, or possession of graffiti tools, as defined herein. B. Graffiti Defined. A person is guilty of the offense of "graffiti" if he or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations. C. Aggravated Graffiti Defined. A person is guilty of the offense of "aggravated graffiti" if he or she has been previously convicted of graffiti, or malicious mischief in the third degree, or a similar offense, and commits the offense of graffiti. D. Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of graffiti tools" if he or she possesses a pressurized container, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti. E. Unlawful to Furnish to Minor. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give, or in any way furnish to another person under the age of 18 years any pressurized container. It shall be a defense to a violation of this subsection that the person, firm, or corporation which sold, gave, or furnished any pressurized container did so after first obtaining bona fide evidence of majority and identity. For purposes of this subsection, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual, which has been issued by a federal, state, or local governmental entity, and includes, but is not limited to: 1. A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the individual; 2. A Washington State identicard or an identification card issued by another state that contains the signature and a photograph of the individual; 3. An identification card issued by the United States, a state, or agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency, that contains the signature, date of birth, and a photograph of the individual; 4. A military identification card that contains the signature, date of birth, and a photograph of the individual; Ordinance No.6234 April 13, 2009 Page 2 of 6 5. A United States passport that contains the signature, date of birth, and a photograph of the individual; 6. An Immigration and Naturalization Service form that contains the signature, date of birth, and photograph of the individual; or 7. If the individual is a minor, an affidavit of the individual's parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation, as specified in this subsection, along with additional documentation establishing the relationship befinreen the parent or guardian and the applicant. F. Unlawful for Minor to Purchase. It shall be unlawful for any person under the age of 18 years to purchase a pressurized container. G. Possession with Intent. It is unlawful for any person to possess a pressurized container, or any other object capable of defacing property, for the purpose of committing graffiti vandalism. H. Minor in Possession. It is unlawful for any individual under the age of 18 years, who is not accompanied by a responsible adult, to possess a pressurized container in or upon a public place or private property, without the consent of the owner, lessee, or other person entitled to legal possession thereof. 1. Graffiti Definitions. The following terms shall apply to this section: 1. "Owner" means any entity or entities having a legal or equitable interest in real or personal property, including, but not limited to, the interest of a tenant or lessee. 2. "Premises open to the public" means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them. 3. "Pressurized container" means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property. 4. "Property" means any real or personal property which is affixed, incidental, or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not. 5. "Unauthorized" means without the prior express permission or consent of the owner of the property or of the person in control of the property. J. Penalties. Other than as specified in section 9.54.030 of the Citv Cade, Any-gMperson violating the provisions of this section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW in the amount of $50.00 per day of jail actually imposed; and in addition to this penalty, such person may, in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public Ordinance No.6234 April 13, 2009 Page 3 of 6 property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of graffiti any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to any financial penalties under this section, any person found guilty of aggravated graffiti shall be punished by imprisonment of not less than five days upon the first such conviction; imprisonment of not less than 10 days upon the second such conviction; and imprisonment of not less than 30 days upon the third or subsequent convictions. K. Exception for Community Service and Supervised Projects. The provisions of this section shall not apply to instances where the minor is in possession of or has been provided paintinq supplies as a part of a supervised community service project or a project where adult supervision is pravided for a qraffiti abatement program or for a non-graffiti painting project. (Ord. 6188 § 1, 2008.) 9.54.030 Action Aqainst Parent for Willful Injury to Property bv Minor. The parent or parents of anv minor child under the age of eighteen (18) years who is livinq with the parent or parents and who shall willfully or maliciously destro,y, damaqe or deface property, real or personal or mixed, shall be liable to the owner of such property in a civil action at law for damages in an amount nat ta exceed five thousand dollars 5 000.00 . This section shall in no wa limit the amount of recoverv aqainst the parent or parents for their own liability under neqliqent or intentional tort or other basis under the law. 9.54.040 Rewards. The Citv mav offer a reward not to exceed three hundred dollars(,$30Q.00) for information leading to the identification and apprehension of any person who willfully defaces damaqes or destroys any public or private property by the use of qraffiti, malicious mischief, or reckless burning. The actual amount awarded (not to exceed $300.00) shall be determined in the discretion of the Chief of Police. In the event af damage to public property, the offender or the parents of any unemancipated minor must reimburse the City for any reward paid. In the event of multiple cantributors of information, the reward amount shall be divided by the Citv in the manner it shall deem appropriate. Claims for rewards under this section shall be filed with the Chief of Police or his/her designee in the manner specified by the Auburn Police Department. No claim for a reward shall be allowed unless the City investiqates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. 9.54.900 Statutes incorporated by reference. The following statutes are incorporated in this chapter by reference: RCW 9.40.100(1) Tampering with fire alarm or fire fighting equipment - False alarm - Penalties (effective until July 1, 2004) Ordinance No.6234 April 13, 2009 Page 4 of 6 9.40.100 Tampering with fire alarm or fire fighting equipment - False alarm - Penalties (effective July 1, 2004) 9A.48.050 Reckless burning in the second degree 9A.48.060 Reckless burning - Defense 9A.48.090 Malicious mischief in the third degree 9A.48.100 Malicious mischief - Physical damage defined 27.12.330 Penalty for injury to property [libraries] (Ord. 5822 § 2, 2004; Ord. 5682 § 1, 2002.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: APR 2 O 2009 PASSED: APR 2 0 2009 APPROVED: APR 2 0 2009 OF AUB PETER B. LEWIS MAYOR Ordinance No.6234 April 13, 2009 Page 5 of 6 ATTEST: ~ Danielle E. Daskam, City Clerk AP VED S TO FORM: r Daniel B. City o ey Published: Ordinance No.6234 April 13, 2009 Page 6 of 6 CITY OF ¢ . ' UBU~~~l ~1 Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 STATE OF WASHINGTON )ss. : COUNTIES OF KING AND PIERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the' City of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, certify as follows: 1. The foregoing is a full, true and correct copy of Ordinance No. 6234 (the "Ordinance") duly passed by the Council and approved by the Mayor of fhe said City of Auburn, on the 20th day of April, 2009, as that ordinance appears on the minute book of the City. 2. Ordinance No. 6234 was published as provided by law in the Seattle Times, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 23rd day of April, 2009. ' Witness my hand and the official seal of the City of Auburn, this 29th day of June, 2009. ka,~~~~~_~-'~-~--' . Danielle Daskam, City Clerk . City of Auburn AUBURN * MORE THAN YOU IMAGINED