Chapter 8.36
GRAFFITI CONTROL
Sections:
8.36.010 Statement of purpose.
8.36.020 Definitions.
8.36.030 Graffiti prohibited.
8.36.040 Failure to remove graffiti prohibited.
8.36.050 Graffiti abatement.
8.36.060 Penalties for causing graffiti.
8.36.010 Statement of purpose.
The city council for the city of Zillah, Washington, has determined that graffiti is a public nuisance and that there is a need for an ordinance prohibiting graffiti and which requires regulating the cleanup of graffiti within the city limits of the city of Zillah, Washington. After considering the matter and having heard input from the chief of police, the city council adopts the ordinance codified in this chapter as necessary for the general welfare of the residents of the city of Zillah, Washington. (Ord. 1011 § 1, 2004)
8.36.020 Definitions.
As used in this chapter, the following definitions shall apply:
A. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye, or other similar substances on public or private buildings, structures and places.
B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the property owner to abate the graffiti, and cures in absence of response.
C. “Owner” means any person or persons, entities, corporations, or other associations in whose name is vested legal title or who have the right to possession of residential or commercial property.
D. “Private contractor” means any person with whom the city shall contract with to remove graffiti in the event owner fails to respond to said notice to abate within the required 15 days. (Ord. 1011 § 2, 2004)
8.36.030 Graffiti prohibited.
It shall be unlawful for any person to spray, write, paint, disfigure, or draw an inscription figure or mark upon a building, fence, gate, sign, bridge, or other structure, tree or rock, regardless of being either publicly or privately owned. (Ord. 1011 § 3, 2004)
8.36.040 Failure to remove graffiti prohibited.
It shall be unlawful for the owner of any lot in the city of Zillah, Washington, to permit any graffiti to remain on their property more than 15 days after receipt of a notice to abate, providing seasonal temperatures and weather conditions permit the painting of exterior surfaces. If seasonal temperatures and weather conditions do not allow for the painting of exterior surfaces within the 15-day period, owner shall make arrangements with the police chief or one of his representatives to extend the 15-day period. Said arrangements shall be in writing, signed by both owner and the police chief or one of his representatives. (Ord. 1011 § 4, 2004)
8.36.050 Graffiti abatement.
A. Procedure. It shall be the duty of the police chief or one of his representatives to notify such person or persons violating any provision of this chapter to abate such nuisance within 15 days after receipt of a notice to abate graffiti. Said notice to abate graffiti shall be sent by regular and certified mail/return receipt requested, or personally served. In the event an owner fails to remove the graffiti within the 15-day period or fails to make arrangements to extend the 15-day period if seasonal temperatures and weather conditions do not permit the painting of exterior surfaces, the police chief may abate any such nuisance, and if there is any expense attached to such abatement, it shall be assessed to the violator of this chapter and collected in a civil action.
B. Appeal. Owner may, within 15 days after receipt of the notice to abate graffiti, file a written notice of appeal with the police chief or one of his representatives. Filing of an appeal will stay any enforcement or actions by the city to abate the graffiti nuisance. The appeal shall be to the city council at its next regularly scheduled session. The city council shall determine whether (1) graffiti exists upon property within the city of Zillah in violation of this chapter; (2) whether proper notice has been given to the appropriate person; and (3) whether the time for abatement is reasonable in light of seasonal temperatures and weather conditions. (Ord. 1011 § 5, 2004)
8.36.060 Penalties for causing graffiti.
Any person violating the provisions of ZMC 8.36.030 shall be guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction for violating ZMC 8.36.030, the penalties for such violation shall be up to 90 days in jail, or a fine of $1,000, or both such fine and imprisonment. (Ord. 1011 § 6, 2004)