HomeMy WebLinkAboutORD 5429CITY 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
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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.
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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.
1."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.
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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
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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
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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.
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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
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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
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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 anyone 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
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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
Bonnie Walton,City Clerk
,2008.
APPROVED BY THE MAYOR this 1st day of December ,2008.
Denis~f1-
Approved as to form:
~......<#!~••~
Lawrence J.Warren,City Attorney
Date of Publication:12/6/2008 (summary)
ORD.1493:7/18/08:scr
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