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HomeMy WebLinkAboutGraffiti Control Ordinance (12/1/2008) k lour ,Naire CITY OF RENTON, WASHINGTON ORDINANCE NO, 5429 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW CHAPTER 29, TITLED GRAFFITI CONTROL, RELATING TO PROHIBITION AND REMOVAL OF GRAFFITI. WHEREAS, graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community; and WHEREAS, unless the City acts to facilitate the removal of graffiti from public and private property, the graffiti tends to remain, which can in turn cause other properties to become the target of graffiti, affecting public safety and quality of life in entire neighborhoods; and WHEREAS, enacting this ordinance is to help prevent the spread of graffiti vandalism and provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title VI (Police Regulations) of ordinance No. 4260 entitled `'Code of General ordinances of the City of Renton, Washington, is hereby amended by adding a Chapter 29, titled Graffiti Control, to read as follows: CHAPTER 29 GRAFFITI CONTROL SECTION 6-29-1 Definitions 6-29-2 Unlawful application of graffiti 6-29-3 Unlawful possession of graffiti implements or paraphernalia—Exceptions 1 ORDINANCE NO. 5429 6-29-4 Restitution—community service 6-29-5 Use of public funds for graffiti removal 6-29-6 Action Against Parent for Willful Injury to Person or Property by Minor— Monetary Limitation— Common Law Liability Preserved 6-29-7 Rewards 6-29-8 Severability 6-29-9 Third Party Liability 6-29-1 DEFINITIONS: The definitions set forth in this Section apply throughout this chapter. A. "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, dye, or other substances. B. "Felt tip marker" means any indelible marker or similar implement, with a tip at its broadest width greater than one-eighth inch, containing anything other than a solution which can be removed with water after it dries. C. "Graffiti" means any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade; to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is deemed a public nuisance. The owner or occupant cannot authorize a public nuisance. 2 ORDINANCE NO. 5429 D. "Graffiti stick" or "paint stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width. E. "Gum label" means any sheet of paper, fabric, plastic, or other substance with an adhesive backing which, when placed on a surface, is not immediately removable. F. "Graffiti implement or paraphernalia" means any aerosol paint container, felt tip marker, graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device capable of scarring or marking any surface, including but not limited to glass, metal, concrete, or wood; and any piece, design, or scrapbook or drawings illustrating graffiti marks or signs. G. "Owner" means any entity or entities having a legal or equitable interest in real or personal property. H. "Occupant" means a tenant, lessee or renter. I. "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. J. "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. 3 Noe ORDINANCE NO. 5429 K. "Responsible public agency" means a public owner, the United States of America, the state of Washington, or any other state, and all political subdivisions thereof, a federal, state, or local department or agency, the director or administrator of a federal, state, or local department or agency who has authority over the public property's maintenance or management. There may be more than one responsible public agency for a particular public property. L. "Responsible private party" means a private owner or occupant, an entity, a person acting as an agent for a private owner by agreement, a person or entity who has authority over the private property, or a person or entity responsible for the private property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each private owner shall always be a responsible private party for the purposes of this chapter. There may be more than one responsible private party for a particular private property. M. "Unauthorized" means without the prior express permission or consent of a responsible public agency or a responsible private party. 6-29-2 UNLAWFUL APPLICATION OF GRAFFITI: A. It is unlawful for any person to paint, spray, chalk, etch, draw, mark, or otherwise apply graffiti on any natural or manmade surface on a public or, without written permission of the owner or occupant, privately owned: buildings, signs, walls, fences, permanent structures, property, or places or other surfaces within the City. B. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand 4 ORDINANCE NO. 5429 dollars or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. 6-29-3 UNLAWFUL POSSESSION OF GRAFFITI IMPLEMENTS OR PARAPHERNALIA— EXCEPTIONS: A. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia, in a manner or under circumstances demonstrating his or her intent to paint, spray, chalk, draw, etch, mark, or otherwise apply graffiti, while: 1. In a public place, or private property without the prior written consent of the responsible private party; or 2. On any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property; or 3. While in or upon premises open to the public, or while in or upon any public facility, playground, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty feet of an underpass, bridge, overpass, pedestrian crossing, bridge abutment, storm drain, retaining wall, transit shelter, or similar types of infrastructure unless otherwise authorized by the City or responsible public agency. B. Exceptions. 1. The proscriptions of Subsection A2 of this Section shall not apply to the possession of broad-tipped markers or other implements by a student attending and actively enrolled in a class which formally requires use of such markers or implements, while the student is attending class or traveling to or 5 *toe *lite ORDINANCE NO. 5429 from the school at which the class is being attended. The burden of proof in any prosecution for violation of Subsection B of this Section shall be upon the student to establish the need to possess a broad-tipped marker or other implement. 2. The proscriptions of Subsection A2 of this Section shall not apply to an authorized school employee, volunteer, contractor, or parent of a student attending class at the school. 3. The proscriptions of Subsection A3 of this Section shall not apply to an authorized City employee of the City of Renton or agents thereof, or its contractors or employees of other government agencies working with the City of Renton. C. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed 90 days or by both such fine and imprisonment. 6-29-4 RESTITUTION—COMMUNITY SERVICE: A. In addition to any punishment specified in this ordinance, the court may order any violator to make restitution to the victim for damages or loss caused by the violator's offense in the amount or manner determined by the court. For purposes of this Section, if the City uses its funds and/or other resources to remove graffiti from city-owned property or, in agreement with the owner, from non-city owned property, the City shall be considered a victim for purposes of restitution. 6 ORDINANCE NO. 5429 B. In lieu of, or as part of, the penalties specified in this ordinance, a violator may be required to perform community service as described by the court based on the following minimum requirements: 1. If the Court wishes to impose community service in lieu of other penalties provided herein, the violator shall be ordered to perform at least 30 hours of community service; and 2. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police or his designee; and 3. Reasonable effort shall be made to assign the violator to a type of community service that is reasonably expected to have the most rehabilitative effect on the violator, such as ,community service that involves graffiti removal. 6-29-5 USE OF PUBLIC FUNDS FOR GRAFFITI REMOVAL: Whenever the City becomes aware of or is notified and determines that graffiti is located on publicly or privately owned property visible from premises open to the public, the City is authorized to use public funds for the removal of graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless it is determined in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive 7 ORDINANCE NO. 5429 area. All aspects of graffiti removal are at the discretion of the City including, but not limited to the method of and material used for repair. 6-29-6 ACTION AGAINST PARENT FOR WILLFUL INJURY TO PROPERTY BY MINOR—MONETARY LIMITATION— COMMON LAW LIABILITY PRESERVED: The parent or parents of any minor child under the age of eighteen (18) years who is living with the parent or parents and who shall willfully or maliciously destroy 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 not to exceed five thousand dollars ($5,000.00). This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. 6-29-7 REWARDS: The City may offer a reward not to exceed three hundred dollars ($300.00) for information leading to the identification and apprehension of any person who willfully damages or destroys any public or private property by the use of graffiti. The actual amount awarded (not to exceed $300.00) shall be determined in the discretion of the Chief of Police. In the event of 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 contributors of information, the reward amount shall be divided by 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 designee in the manner specified by the Renton Police Department. No claim for a reward shall be allowed unless the City investigates and verifies the 8 ORDINANCE NO. 5429 accuracy of the claim and determines that the requirements of this section have been satisfied. 6-29-8 SEVERABILITY: Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Renton hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. 6-29-9 THIRD PARTY LIABILITY: It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the party of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the 9 ORDINANCE NO. 5429 part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 1st day of December , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this 1st day of December 2008. I LGGc2 f -' Denis aw, Mayor Approved as to form: Ortft.4.u.err.A.A..ie:?Zlt.A-0-.k.s,__ Lawrence J. Warren, City Attorney Date of Publication: 12/6/2008 (summary) ORD.1493:7/18/08:scr 10 December 1, 2008 Renton City Council Minutes r✓ Page 398 Public comment was invited. Claudia Donnelly (King County) displayed two photographs depicting how water flows in the annexation area. She stated that King County cleans out a drainage ditch every summer to prevent flooding in the area and asked if Renton would continue maintaining the ditch if the area were annexed. Paul Mackay (King County) expressed support for the annexation. He stated that he is excited to know that Renton will soon be helping with the drainage issues in the area. There being no further public comment, it was MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ACCEPT THE 60% DIRECT PETITION FOR THE MACKAY ANNEXATION AND AUTHORIZE FORWARDING THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD. CARRIED. CED: Graffiti Control This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public hearing to �1 e consider the proposed graffiti control ordinance. Current Planning Manager Jennifer Henning reported that Renton, like many other cities, has been experiencing an increase in graffiti and tagging. She stated that graffiti is vandalism and a public nuisance. Ms. Henning remarked that graffiti hurts the community by affecting property value, diminishing perceptions of safety,reduces quality of life, and drains public funds that could be used for other purposes. Ms. Henning stated that the proposed ordinance is a tool to help reduce, eradicate, and eliminate graffiti and is modeled after graffiti control ordinances from other cities including Monroe, Marysville, Everett and Snohomish. She stated that the proposed ordinance makes it unlawful to paint, spray, chalk, etch, draw, mark, or otherwise apply graffiti to public or private property including buildings, fences, bridges,walls, trails, trees, or most anywhere graffiti is typically seen. She stated that the proposed ordinance also makes it unlawful to possess graffiti implements provided that there is a clear intent to commit graffiti. Ms. Henning reported that the proposed ordinance allows a court to order restitution to victims for any damage or loss caused by the graffiti and that the City can be considered a victim. She stated that the restitution can involve up to 30 hours of community service and may include graffiti removal. Ms. Henning noted that the proposed ordinance allows use of public funds to remove graffiti from private property. She stated that this would be used with discretion, noting that the City could offer assistance to someone who does not have the resources to remove the graffiti on their property. Concluding, Ms. Henning stated that the proposed ordinance also allows for assigning liability for damages to parents of minors and allows the City to offer up to a$300 reward for information leading to identification and apprehension of graffiti vandals Public comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY TAYLOR, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ♦ 4. City of Renton PUBLIC INFORMATION HANDOUT December 1, 2008 Graffiti Control Ordinance For additional information, please contact: Jennifer Henning, Current Planning Manager; City of Renton Planning Division; (425)430-7286 ISSUE: Community Services Department, Police Department, and Department of Community & Economic Development request adoption of a Graffiti Control Ordinance. The new ordinance would amend Title VI, by adding a new Chapter 29, titled Graffiti Control. The incidence of graffiti has been increasing in Renton from somewhat evident to overwhelming. Taggers are vandalizing parks, signs, fences, walls, bridges, commercial property, trails, and trees. According to Police, in the six month period from February to August, gang graffiti doubled in Renton. Graffiti hurts our community by decreasing property values, diminishing the perception of safety, lessening quality of life, inviting other unsavory behavior, and draining public and private dollars. City maintenance crews and private property owners are challenged to keep up with cleaning, painting, and removing tags. They are discouraged when structures are tagged multiple times. Police are not able to patrol areas with high graffiti occurrence at all hours; neighbors are reluctant to report taggers due to a fear of retaliation. Without direct observation, prosecution is challenging. For our crews, graffiti removal takes time away from maintaining and improving our parks and public facilities. However, ignoring graffiti is not an option, as it is akin to inviting more taggers to claim an area. The proposed Graffiti Control ordinance seeks to facilitate the removal of graffiti from public and private property to increase public safety and improve the quality of life in neighborhoods. This ordinance would make it unlawful to paint, spray, chalk, etch, draw, mark or otherwise apply graffiti on any natural of manmade surface on public or privately owned buildings, structures, or property. Possession of graffiti implements or paraphernalia would be illegal, provided that intent to conduct graffiti was evident. The ordinance would allow the court to order violators to make fir'' 40100 restitution to the victim for damages or loss caused by the violator's offense, in the amount or manner determined by the court. If the City of Renton used funds or other resources to remove graffiti from city-owned property, or, in agreement with the owner, from non-city-owned property, the City would be considered a victim for purposes of restitution. Such restitution may be in the form of community service. The proposed ordinance would allow for the use of public funds for graffiti removal. In addition, the ordinance allows the City to assign liability to the parents of a minor child who commits graffiti in an amount up to $5,000.00. And, finally, the ordinance would authorize the City to offer a reward, not to exceed $300 for information leading to the identification and apprehension of any person who commits graffiti. RECOMMENDATION: The Community Services Department, Police Department, and Department of Community & Economic Development recommend that the City Council adopt the Graffiti Control Ordinance by amending Title VI and adding a new Chapter 29. Graffiti Graffitia nc •Public nuisance Public Hearing •Affects property value December r,zoositA01, •Diminishes perception of safety •Reduces quality of life , •Drains public funds Cit. of ftEMON THE CEMER OF OPPORTON��' y City ofRillJ1 � o Graffiti Control Ordinance Graffiti Control Ordinance •Tool to help prevent graffiti •Amends Title VI Police Regulations •Adds another enforcement tool •Adds Chapter 29,Graffiti Control •Modeled after other cities ordinances City of i City,�o,qfent � REMON.THE CENTER OF OPPORNMN o '�,�+` RENTONTHE CEMEROF OPPOO\ ri en ton i Graffiti Control Ordinance Graffiti Control Ordinance •Makes unlawful:to paint, - •Allows for restitution to the victim spray,chalk,etch,draw, Ii CRIME •The City may be considered a victim mark,or otherwise apply •Restitution: minimum 3o hours graffiti •Restitution: may include graffiti removal •Makes unlawful:possessing graffiti implements Ciitty of City of E RFNTON.THE CENTER OF OPPORTUN1N e �„�,�� RENTON THE CEMER OF OPPORTUN ?y. `�' Graffiti Control Ordinance Graffiti Control Ordinance •Allows use of public funds to remove •Assigns liability for damages to parents of graffiti minors who commit graffiti •City may paint or repair graffiti on public or •Allows the City to offer a reward up to$300 private property for information leading to identification and apprehension =City of cx.1i City of <. RENTON THE CENTEROF OPPOR'NN'� 11tqn RENTON THE CENTER OF OPFORTON,, eiit�/.�a ii '�,;1• Recommendation •Adopt Graffiti Control Ordinance �I►rnton City""��o""""f�� ((""�� RENTON THE CENTER Cf OPPORT�MN ,+`„ Cameras Q-Star FlashCAM-880 • System is solar-powered, a'/ portable,and easy to install GT. •The City has purchased several Q-Star x x • Wireless download of cameras systems pictures onto a laptop computer • Cameras are installed in graffiti hot spots • operating range-up to roo feet • The cameras are rotated to various • Sensing device-pyroelectric �' , locations as needed motion detector • More cameras may purchased urchased'in the • Camera-7.1 mega pixel Digital camera resolntion future city of • camera Memory-z.o Gigabyte City of 11t )11 (off REMON THE CENTER OF OPPORT�N�TY �.;� RENTON THE CEMEROF OPPORT�N�T� Educations Key Messages l, • Proactive anti-graffiti education,k j " • Encourage community to .1 campaign including: irvnase�ragg,;,a report graffiti,abate it � :" In Pragrnsz em s i '` • Renton CityNews111t quickly and volunteer • Media ' rerau$ee Taggang 110 r • Promote graffiti hotline In Progress Ca11911 • Educational Posters r�z 1i - " 425-430-7373 • Flyers Report graffiti in progress '" rN ,� To report exrshng groHlr, • Door Hangers - � to 9-1-1 11 425-430-7373 Milk • Business Outreach information • Website a City o^^ff ' z �►w1 Z c Gityji/o/f��. j�/�jjy■(�r�([ RENTON THE CEMEROF OPPORTUMTY �% <.�-,�- RENTON-THE CENTER OE OPPORTUNE Graffiti Removal Kits Graffiti Removal Kits •Intended use Kits include: g 'r %- Paint trim tray ,. • Kit Design Disposable heavy duty towels "� �: •Available at various city facilities one 3'foam brash -Community Centers One q"foam brush • One roll masking tape °'` . -Fire StationsMedium duty scrubbing sponge -City Hall • Cloth sand paper(tits) kt • Three sets of disposable latex gloves • $5.0o discount certificate City of T O City of RENTON THE CEMEROF OP O vitV1 REM ON THE CENTER OF OPP ONen t on lam. tf Ahatemeducatx �QttY CosIdin3tor .��ll'tt1BXStll E�1 City of e „e Renton kENTON THE CENTER OFOPPORTUN- f, Nee' Niro '6raffin Partner opnerteetfles Community Partnerships Community Partnerships °.. The City is specifically •The City is seeking partners to join seeking help in the form of: the City and local retailers,businesses •Donations of products for and other organizations to prevent graffiti removal kits graffiti, provide resources, and help •Participation in the w eradicate graffiti in the community. "Wipe-Out Graffiti"initiative n •Sponsorship of volunteer opportunities City of >City of ,iitO �� en ton RENTON THE CENTER OF OPPORT 'y.�,�� RENTON THE CENTER OF OPFOft'NN • Next Steps • Hiring part time Abatement Coordinator • Graffiti removal kit construction • Passage of Graffiti Ordinance • Wipe out graffiti campaign public rollout • Ongoing evaluation of initiative effectiveness City e ntoii RENTON THE GEMEft Of OPPOM1T�N�� `�� New w Graffiti Abatement Coordinator •Part time position •Will coordinate both internal and external clean-up efforts,including: •Coordinate volunteer clean-up projects •Assist citizens with limited resources who are victims of graffiti •Liaison with Code Enforcement al city of 1■ ton RENTON THE CENTER OF OPRORT' ':ly (? / Agenda Item No.: ( g RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: (-O l O PLEASE PRINT 5 Minute Time Limit 1 5 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 2 6 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 3 7 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 4 8 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: (CONTINUED ON REVERSE SIDE) (100 (Continued from Reverse Side - Page 2) RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time Limit 9 13 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 10 14 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 11 15 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 12 16 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: CITY OF RENTON CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 1st day of December, 2008, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, to consider: Graffiti Control Ordinance All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published: Renton Reporter November 22, 2008 Account No. 50640