Chapter 9.22
GRAFFITI
Sections:
9.22.010 Declaration of policy – Findings.
9.22.020 Definitions.
9.22.030 Prohibited acts.
9.22.040 Display and storage of graffiti implements.
9.22.050 Declaration of public nuisance.
9.22.060 Notice of graffiti nuisance.
9.22.070 Right of city to remove.
9.22.080 Abatement and cost recovery proceedings.
9.22.090 Action against parent for willful injury to person or property by minor – Monetary limitation – Common law liability preserved.
9.22.100 Remedies not exclusive.
9.22.110 Severability.
9.22.010 Declaration of policy – Findings.
The city council finds that graffiti on public and private buildings, structures, and on personal property, including motor vehicles, creates a condition of blight within the city that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The city council further finds that the presence of graffiti is an expensive form of vandalism. It is inconsistent with the city’s goals of maintaining property values, preventing crime, and preserving aesthetic standards. (Ord. 006/2007 § 1)
9.22.020 Definitions.
A. “Graffiti” means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, would be highly offensive to a reasonable person and is not protected by the state or federal constitution.
B. “Graffiti implement” means an aerosol paint container, a broad-tipped marker, paint stick or etching equipment, brush or any other device that is of the type that has been used in the city of Monroe to create graffiti. Pens and pencils shall not qualify as graffiti implements. (Ord. 006/2007 § 1)
9.22.030 Prohibited acts.
A. Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any city-owned property or, without the permission of the owner or occupant, on any non-city-owned property.
B. Possession of Graffiti Implements.
1. By Minors at or Near School Facilities. It shall be unlawful for any person under the age of eighteen years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad-tipped markers. Otherwise, it shall be an affirmative defense to prosecution under this subsection for the minor student to establish the need to possess a broad-tipped marker.
2. In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, 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 abutment, storm drain, or city signs unless otherwise authorized by the city.
C. Furnishing to Minors. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, or paint stick to any person under the age of eighteen years without the written consent of a parent(s) or guardian of the person. It shall be an affirmative defense to prosecution under this subsection that the defendant made a good faith attempt to comply with the requirements of this section by requesting that a customer present photo identification, making a reasonable effort to determine the customer’s age. This subsection shall not apply to the furnishing of graffiti implements to minors if all use of the implements is lawful and subject to adult supervision.
D. Penalties. Any person violating this section of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in MMC 1.01.110. (Ord. 006/2007 § 1)
9.22.040 Display and storage of graffiti implements.
A. Signage Required. Every person who operates a retail commercial establishment selling graffiti implements shall:
1. Place a sign in clear public view at or near the display of such products stating: “Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 90 days and/or a fine up to $5,000.”
2. Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: “Selling spray paint, paint sticks, or broad-tipped markers to persons less than 18 years of age is against the law and punishable by imprisonment of up to 90 days and a fine up to $5,000.”
B. Penalties. Any person found to be in violation of the provisions of this section shall be deemed to have committed a civil infraction as established in Chapter 7.80 RCW and for each violation shall be subject to a civil penalty of one hundred dollars; provided, that penalties for an additional separate violation of a like nature by the same person within a one-year period shall be two hundred fifty dollars. Any person charged with a civil infraction under the provisions of this chapter shall respond to the notice of infraction in the manner set forth in Chapter 7.80 RCW. (Ord. 006/2007 § 1)
9.22.050 Declaration of public nuisance.
Graffiti is determined to be detrimental to the public health, safety and welfare and is a public nuisance. (Ord. 006/2007 § 1)
9.22.060 Notice of graffiti nuisance.
A. When the city has reason to believe that a property within the city may be a potential graffiti nuisance property, the city shall identify a responsible party and send that party an informational letter describing the nature and location of the graffiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti and the need for its prompt removal, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of city code that may lead to legal action to remove the graffiti at the expense of the responsible party and may subject the responsible party to civil penalties. The letter may also identify any graffiti removal assistance programs available through the city, or any private graffiti removal contractors.
B. If the graffiti is not removed within twenty days after the information letter has been sent, the city shall notify the responsible party in writing, by certified mail, that the property has been identified as a potential graffiti nuisance property. The notice shall contain the following information:
1. The street address and legal description of the property sufficient for identification of the property;
2. A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; and
3. A statement that the graffiti must be removed within ten days after receipt of the notice and that if the graffiti is not abated within that time the city may declare the property to be a public nuisance, subject to the abatement procedures herein. (Ord. 006/2007 § 1)
9.22.070 Right of city to remove.
A. Use of Public Funds. Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the city shall be authorized to use public funds for the removal of the 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 an area than that where the graffiti is located, unless the city determines 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 area. Pursuant to MMC 9.22.080, the city shall recover public funds expended to remove graffiti from private property.
B. Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal, the city shall attempt to secure the consent of the property owner or responsible party and a release of the city from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this chapter, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. (Ord. 006/2007 § 1)
9.22.080 Abatement and cost recovery proceedings.
A. Notice of Due Process Hearing. The city, the applicable director, or a designee thereof, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than forty-eight hours’ notice of the city’s intent to hold a due process hearing at which the property owner and/or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. The property owner and the party responsible for the maintenance of the property shall be deemed served with notice three days after the same is sent to the property and to the address shown on the county tax roll as the owner of said property by certified U.S. mail.
B. Determination of Hearing Examiner. The determination of the hearing examiner after the due process hearing shall be final, subject to appeal to the city council. If, after the due process hearing, regardless of the attendance of the owner or the responsible party or their respective agents, the hearing examiner determines that the property contains graffiti viewable from a public or quasi-public place, the hearing examiner shall declare the same a nuisance and order the owner or responsible party to abate it by having the graffiti removed within ten days. Should the owner or responsible party fail to comply with the hearing examiner’s order, daily fines of up to one hundred dollars shall accrue until the nuisance is abated. Furthermore, the city shall, pursuant to Chapter 7.48 RCW, obtain a warrant of abatement to enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the court), or such other eradication thereof as the court determines appropriate, and shall provide the owner and the responsible party thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis. Appeals to the city council must be filed with the city clerk in writing within ten days of the hearing examiner’s decision. The hearing examiner’s decision shall be stayed pending resolution of the city council appeal.
C. Liens. As to such property where the responsible party is the property owner, if all or any portion of the assessed eradication charges remain unpaid after thirty days, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort. Any lien imposed by the city under this chapter shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and city taxes, with which it shall be on a parity.
1. Liens – Filing and Recording. The applicable director shall cause a claim for lien to be filed for record in the auditor’s office within ninety days from the date of completion of the abatement work performed pursuant to this chapter. The claim of lien shall contain the authority for the proceeding to abate the violation; a brief description of the abatement work done, including the dates the work was commenced and completed and the name of the persons or organizations who performed the work; a legal description of the property to be charged with the lien; the name of the known or reputed owner, and, if not known, the fact shall be alleged; and the amount including lawful and reasonable costs, for which the lien is claimed. The applicable director shall sign and verify the claim. The claim of lien may be amended in case of action brought to foreclose the lien, by order of the court, as long as the interests of third parties are not detrimentally affected by amendment. The auditor shall record and index the claims described in this chapter. No lien created by this chapter binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien.
2. Liens – Foreclosure. The lien provided by this chapter may be foreclosed and enforced by a civil action in a court having jurisdiction. All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant. Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suit who claims a lien. (Ord. 006/2007 § 1)
9.22.090 Action against parent for willful injury to person or property by minor – Monetary limitation – Common law liability preserved.
The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. (Ord. 006/2007 § 1)
9.22.100 Remedies not exclusive.
The remedies for violation of this chapter that are set forth in this chapter are not exclusive. (Ord. 006/2007 § 1)
9.22.110 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 006/2007 § 1)