HomeMy WebLinkAboutITEM VIII-A-4
Ac'AGENDA BILL APPROVAL FORM
WASH[NGTON
Agenda Subject: Date:
Ordinance No. 6234 April 6, 2009
Department: Attachments: Ordinance No. 6234 Budget Impact:
Human Resources $ 0.00
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6234.
Background Summary:
Ordinance No. 6234 amends Chapter 9.54 of the Auburn City Code by adding the following new sections
relating to graffiti and malicious mischief: 9.54.020 (K) - Exception for Community Service and
Supervised Projects; 9.54.030 - Action against parent for willful injury to property by a minor; 9.54.040 -
Rewards for leading to the identification and apprehension of any person who willfully defaces, damages
or destroys and public or private property.
SO420-1
01.8
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITi'EES: ❑ Building ❑ M&O
❑ Airport ED Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner 0 Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑ Public Works ED Legal ❑ Police
❑ Planning Comm. ❑ Community Center Z 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: Heineman
Meetin Date: A ril 20, 2009 Item Number: VIII.A.4
AU$URN *MORE THAN Y4U TMAGINED
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.
9 54 030 Action Against Parent for Willful Injury to Propertv bv Minor.
9.54.040 Rewards.
1 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 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.
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 equitabte
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 City
Code, Any-pMperson 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 Proiects. The
provisions of this section shall not apply to instances where the minor is in
possession of or has been provided painting su,pplies as a part of a supervised
communitv service proLect or a proLect where adult supervision is provided for a
graffiti abatement proqram or for a non-qraffiti painting proiect. (Ord. 6188 § 1,
2008.)
9 54 030 Action Aqainst Parent for Willful Iniury to Property bv Minor.
The parent or parents of any minar child under the age of eiqhteen (18)
years who is livingwith the parent orparents and who shall willfullV or maliciouslv
destroy, damage or deface property, real or personal or mixed shall be liable to
the owner of such property in a civil action at law for damaqes in an amount not
to exceed five thousand dollars ($5 000 00). This section shall in no wav limit the
amount of recovery aqainst the parent or parents for their own liabilitv under
neqliqent or intentional tort or other basis under the law.
9.54.040 Rewards.
The City may offer a reward not to exceed three hundred dollars ($300.00)
for information leading to the identification and apprehension af any person who
willfullv defaces damaqes or destrovs any public or private propertv bv the use of
qraffiti malicious mischief, or reckless burninq. The actual amount awarded (not
to exceed $300 00) shall be determined in the discretion of the Chief of Police. In
the event of damaqe to public property, the offender or the parents af anv
unemancipated minor must reimburse the City for anv reward paid. In the event
of multiple contributors of information the reward amount shall be divided bv the
City in the manner it shall deem appropriate. Claims for rewards under this
section shall be filed with the Chief of Police or his/her desiqnee in the manner
specified by the Auburn Police Department No claim for a reward shall be
allowed unless the City investiqates and verifies the accuracv 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. Severabilitv. 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:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Ordinance No.6234
April 13, 2009
Page 5 of 6
ATTEST:
Danielle E. Daskam, City Cierk
AP VED S TO FORM:
Daniei B. City o ey
Published:
Ordinance No.6234
April 13, 2009
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