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HomeMy WebLinkAboutITEM VIII-A-1 CIDBURN F AAG ENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6188 6/18/08 Department: Attachments: Budget Impact: Police Ordinance No. 6 188 Administrative Recommendation:. City Council introduce and adopt Ordinance No. 6188. Background Summary: Ordinance No. 6188 would deter, reduce and eliminate graffiti within the City, as well as effectively prosecute those who engage in and/or contribute to graffiti behavior. P0707-1 01.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: E Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance ? Parks ? Human Services ? Planning & CD E Fire E Planning ? Park Board ?Public Works ? Legal ? Police ? Planning Comm. ? Other E Public Works ? Human Resources ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Kell Meeting Date: Jul 7, 2008 Item Number: VIII.A.1 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 6 1 8 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 9.54.020 TO THE AUBURN CITY CODE RELATING TO GRAFFITI WHEREAS, the City has previously found that graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates and other structures, trees and other real and personal property within the City constitutes a nuisance; and WHEREAS, it is the belief of the Auburn City Council that graffiti may contribute to gang activity; and WHEREAS, in order to deter, reduce, and eliminate graffiti within the City, as well as effectively prosecute those who engage in and/or contribute to graffiti behavior, it is appropriate to add a new section to the City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 9.24, Malicious Mischief, Reckless Burning, Fire, of the Auburn City Code be and the same hereby is amended by the addition of a new section 9.54.020 to read as follows: 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. Ordinance No. 6188 June 23, 2008 Page 1 of 5 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, marker pen, 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 or Marker Pen. 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 or Marker Pen, 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 of 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; 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 Ordinance No. 6188 June 23, 2008 Page 2 of 5 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 between 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 or Marker Pen. G. Possession with Intent. It is unlawful for any person to possess a Pressurized Container, Marker Pen, 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 or Marker Pen 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. "Marker Pen" means a broad tip indelible marker with a tip exceeding four millimeters at its diameter. 2. "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. 3. "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. 4. "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. 5. "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. 6. "Unauthorized" means without the prior express permission or consent of the owner of the property or of the person in control of the property. F. Penalties. Any person 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. 6188 June 23, 2008 Page 3 of 5 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. 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. Ordinance No. 6188 June 23, 2008 Page 4 of 5 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Y/ )6eph eck, Assistant City Attorney Published: Ordinance No. 6188 June 23, 2008 Page 5 of 5