ORD 07-550
ORDINANCE NO. 07-550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTERS 1,10, AND 22 OF THE FEDERAL WAY CITY
CODE TO CREATE A NEW ARTICLE TO PROVIDE FOR
THE REGULATION AND REMOVAL OF GRAFFITI, AND
AMENDING THE FEDERAL WAY CITY CODE TO
PROVIDE FOR ABATEMENT AND OTHER
ENFORCEMENT MECHANISMS. (Amending Ordinance
Nos 95-235, 96-270, 99-348, 99-357, 05-486, 05-487, 05-504,
and 06-523)
WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an
increase in crime, generates fear, is costly, lowers property values, and is economically
detrimental to the City; and the timeliness of removal of graffiti is an important aspect in the
problem of graffiti and quick, efficient removal of graffiti promotes public safety and economic
growth; and
WHEREAS, the current Federal Way City Code makes both creating graffiti and failing.
to remove graffiti unlawful and subjects violators to civil and criminal penalties; currently the
City uses a range of options to deal with the problem including attempts to work with the
owner's of property to have the graffiti removed and at times offering vouchers to clean graffiti,
but must resort to a civil process that involves fines and potential abatement where those efforts
do not work, however the current Federal Way City Code graffiti enforcement provisions are
cumbersome and do not timely address the problem of graffiti and
WHEREAS, there are legal requirements a City must follow to abate violations and
public nuisances that requires a process to follow; and
ORD #07-550, PAGE I
WHEREAS, the City is attempting to commence an organized graffiti paint out day in the
near future to remove graffiti with no cost to property owners, which requires the immediate
passage and effectiveness of this Ordinance to address the problem of graffiti; the City also
desires to have a clear and effective process to address graffiti in all cases, intending to continue
its ability to use numerous options to address the problem;
WHEREAS, the potential adverse impacts on the .public. health, property, safety and
welfare of the City and its citizens, if this Ordinance did not take effect immediately, justify the
declaration of an emergency and the designation of this ordinance as a public emergency
ordinance necessary for the protection of public health, public safety, public property or the
public peace by the City Council;
NOW, THEREFORE, THE CITY COUNC1L OF THE C1TY OF FEDERAL WAY,
WASHINGTON, DO ORDAlN AS FOLLOWS
SECT10N L A new section is added to Chapter 1, Article III, Civil Enforcement of the
Code, of the Federal Way City Code to read as follows:
1-24 Infractions authorized and statutes adopted.
(a) Enforcement officers and officials are authorized to issue civil infractions to enforce the
provisions of the Federal Way City Code designated as infractions or as penalties except those
provisions that are either specifically designated as crimes, specifically indicated as not being
civil infractions, or designated as traffic infractions.
(b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of
. .
Chapter 7.80 RCW in issuing civil infractions. lf no penalty is otherwise provided the maximum
penalty and the default amount shall be two hundred fifty dollars, not including fees, costs, and
assessments.
(c) Unless otherwise provided, civil infractions under this section shall be governed by
Chapter 7.80 RCW, except that the rules of evidence shall not apply in any hearing held
regarding civil infractions.
(d) The following state statutes, including all future amendments, revisions, additions, or
deletions. are adopted by reference to the extent that they are not inconsistent with explicit
provisions of the Federal Way City Code: Chapter 7.80 RCW Et. seq.
SECT10N 2. New sections shall be added to Chapter lO, Nuisances, of the Federal Way
ORD #07-550, PAGE 2
City Code, to be designated as Article HI, Graffiti, and to read as follows:
10-51 Purpose.
The purpose of this Article is to establish an efficient enforcement system to regulate and
eradicate graffiti within the City. to provide an opportunity for an appeal of determinations of
violations and prompt hearings and decisions on any such appeals. to establish monetary
penalties for violations. to provide for the collection of said penalties. and to provide a Quick and
efficient abatement process.
It is the express and specific purpose and intent of this Article 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 Article.
It is also the express and specific purpose and intent of this Article that no provision nor any
term used in this Article. nor any action taken pursuant to this Article is intended to impose any
duty whatsoever upon the City or any of its officers or employees.
Nothing contained in this Article is intended nor shall be construed to create or form the basis
of any liability on the part of the City. its officers. employees or agents, for any injury or damage
resulting from any action or inaction on the part of the City. its officers. employees or agents.
10-52 Definitions.
(a). "Abate" means to remove or conceal graffiti by such means as is reasonably necessary
and to otherwise bring a property into compliance with the City Code.
(b ) "Defacement" means any marring and includes but is not limited to any unauthorized
writing. painting. coloring. carving. disfigurement. damaging, breaking, drawing, inscription~
figure;':or mark of any type that has been placed upon any property, through the use of means
including but not limited to paint. ink. chalk. dye, markers, objects, adhesive material, or any
other substance capable of marking or damaging property.
(c) "Enforcement officer" or "enforcement official" means any City code enforcement officer
or other City officials designated by ordinance or by the City Manager for purposes of enforcing
the provisions of this Article or provisions of other sections of the City Code or other laws of the
City.
(d) "Graffiti" means any defacement ofpropefty.
(e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof.
(0 "Property" means real or personal property, both public and private. and includes but is
not limited to vehicles. artwork, decorations. sidewalks. pavement. poles. rocks, trees, bridges.
buildings, barriers, walls, fences. gates, signage. installations. improvements, and structures
within the City.
(g) "Responsible Party" means an owner, a person acting as an agent for an owner, a person
who has authority over the property, or a person responsible for the property's maintenance or
management. Irrespective of any arrangement to the contrary with any other party, an owner
shall always be a responsible party for the purposes of this chapter. There may be more than one
responsible party for a particular private property. Where there is more than one responsible
party, notice to any responsible party shall be deemed to be notice to all. Where there is more
than one responsible party. permission from any responsible party shall be deemed to be
permission from all unless a specific obiection is made by a non-consenting responsible party.
ORD # 07- ~~() , PAGE 3
(h) "Unauthorized" means without the prior express permission or consent of a responsible
l2ill1Y.:
10-53 Graffiti deemed a public nuisance.
Graffiti within the City constitutes and is deemed a public nuisance. Where graffiti exists on
property within the City and is visible from public property, from a location open to the public,
or from a public right of way. it is a violation of the City Code and this section.
10-54 Notice to Correct Graffiti.
(a) Issuance. Whenever an enforcement officer determines that graffiti exists on property
within the City; and the graffiti is visible from public property, from a location open to the
public, or from a public right of way he or she may issue a Notice to Correct Graffiti to the
responsible party.
(b) Content. The Notice to Correct Graffiti shall include the following:
(1 ) The name and address of the property owner and/or other responsible party to whom
the Notice to Correct Graffiti is directed;
(2) The street address or other description sufficient for identification of the property,
building, structure, premises. or land upon or within which the graffiti has occurred or is
occumng;
(3) A description of the graffiti, including a reference to this Article;
(4) A statement that within 3 days of service of the Notice to Correct Graffiti, the
responsible party must either abate the graffiti or contact the enforcement officer and enter an
Abatement Plan, An abatement plan shall mean a plan or series of steps agreed to between a
responsible party and an enforcement officer in order to abate graffiti.
(5) A statement that an appeal of the Notice to Correct Graffiti may be filed pursuant to
FWCC lO-56 within 10 days of service of the Notice to Correct Graffiti.
(6) A statement that if the Notice to Correct Graffiti is not appealed. the graffiti is not
abated, an abatement plan is not entered, an abatement plan is not complied with, or a hearings
examiner so orders, that the graffiti may be summarily abated by the City with costs being
assessed against the responsible party.
(c) Service of Notice to Correct Graffiti. The enforcement officer shall serve the Notice to
Correct Graffiti upon the responsible party, either by delivering it personally; or by mailing a
copy by registered. or certified mail to the responsible party at his/her last known address. If
service is not accomplished by personal service and if an address for mailed service cannot after
due diligence be ascertained. notice shall be served by posting a coPy of the Notice to Correct
Graffiti conspicuously on the affected property or structure. If service is by personal service.
service shall be deemed complete immediately. If service is made by mail, service shall be
deemed complete upon the third day following the day upon which they are placed in the mail.
unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be
deemed complete on the first day other than a Saturday; Sunday or legal holiday, following the
third day. If service is made by posting, service shall be deemed complete on the third day
following the day the Notice of Graffiti is posted.
ORD #07- C;<n , PAGE 4
10-55 Civil infraction.
It is a civil infraction to fail to pay costs of abatement pursuant to FWCC 10-57. -Infractions
issued under this section shall be governed by FWCC 1-24 except that the maximum penalty and
the default amount shall be $l not including fees, costs, and assessments. In addition to any fine,
fee. costs, or assessments imposed for an infraction under this section, a court may also impose
restitution for any costs for abatement under FWCC lO-57 as part of the monetary obligations for
an infraction under this section. The provisions of this section are not exclusive, and may be
used in addition to other enforcement provisions authorized by this Article, the Federal Way City
Code in general. or other applicable law, except as specifically precluded by law.
10-56 Appeals to the bearin2s examiner.
(a) General. A responsible party to whom a Notice to Correct Graffiti is directed may appeal
to the hearing examiner. The person appealing may appeal either the determination that graffiti
exists on property within the City~ and the graffiti is visible from public property, from a location
open to the public. or from a public right of way~ the amount of any costs imposed: the corrective
action ordered: or any combination thereof. The City may also request a hearing before the
hearings examiner to assess costs, modify previous orders, or to enter other orders as needed. If
no appeal is filed within 10 days of issuance. the Notice to Correct Graffiti shall be final and
conclusive and not subiect to appeal or review in any forum.
(b) How to appeal. In order to appeal, a person must file a written notice of appeal with the
City Clerk within 10 calendar days from the date of issuance of the Notice to Correct Graffiti,
spec(fying what issue is being appealed. The appeal must be accompanied by a filing fee in the
amount of $100.00, payable by cash or a check to the City of Federal Way, which is refundable
in the event the appellant fully prevails on the appeal. The filing fee is waived in cases where the
City requests the hearing.
(c).Effect of appeal. The timely filing of an appeal in compliance with this section shall stay
any requirement for abatement.
(d) Hearing.
(1) Date of hearing. Within 10 days of the Clerk's receipt of the appeal. the hearing
examiner shall set a public hearing for a date within 30 days of the Clerk's receipt of the appeal
(2) Notice of hearing. The notice shall contain the following:
a. The file number and a brief description of the matter being appealed.
b. A statement of the scope of the appeaL including a summary of the errors
alleged and the findings and/or legal conclusions disputed in the appeal.
c. The date, term, and place ofthe hearing on the appeal.
(3) Distribution of notice. The notice shall be mailed to the City. the responsible party,
and/or the appellant at least 10 calendar days before the hearing on the appeal.
(4) Participation in the appeal. The City and the appellant may participate as parties in the
hearing and each may call witnesses. Any person may participate in the hearing in either or both
of the following ways: .
a. By submitting written comments to the hearing examiner. either by delivering
these comments to the Clerk prior to the hearing or by giving these directly to the hearing
examiner at the hearing.
ORD #07-) So , PAGE 5
b. By appearing in person, or through a representative, at the hearing and making
oral comments directly to the hearing. The hearing examiner may reasonably limit the extent
of oral comments to facilitate the orderly and timely conduct ofthe hearing.
(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal
pursuant to the rules of procedure of the hearing examiner. The City shall have the burden of
proof by a preponderance of the evidence that graffiti exists on the property within the City; and
the graffiti is visible from public property, from a location open to the public, or from a public
right of way, or that abatement is needed to cure the violation. The hearing examiner shall make
a complete electronic sound recording of the public hearing.
(6) Continuation of the hearing. The hearing examiner may continue the hearing if the
hearing examiner determines that he or she needs more information on the matter. The hearing
examiner may continue the hearing by stating the time and place of the next hearing during the
hearing, without need of providing any further notice.
(e) Decision of hearing examiner.
(1 ) Issuance. The hearing examiner shall issue an oral decision at the time of the hearing
unless good cause exists to delay the decision. The hearing examiner shall issue a written
decision, including findings, conclusions. and orders within 14 days of the hearing. The
appellant is required to comply with any decision of the hearings examiner whether oral or
written upon issuance.
(2) Vacation of Notice to Correct Graffiti. If the hearing examiner determines that there
is insuffiCient evidence that a violation substantially as stated in the Notice to Correct Graffiti
exists, the hearing examiner shall vacate the Notice to Correct Graffiti, and order the appeal fee
refunded.
(3) Affirmance. If the hearinl?; examiner determines that there is sufficient evidence that
graffiti exists on property within the City; and the graffiti is visible from public property, from a
location open to the public, or from a public right of way. the hearing examiner shaH affirm the
Notice to Correct Graffiti and shall order the violation be abated by the responsible party and set
a date for compliance no later than 3 days from the date and time of the hearing. If the graffiti is
not abated by the date set for compliance by the hearings examiner the City may abate the
graffiti. The hearings examiner shall seta new hearing date to verify compliance or assess costs
for any abatement by the City.
(4) Modification. The hearings examiner may order a compliance date for abatement later
than 3 days from the date of the hearing or modify the assessment of costs of abatement if good
cause is found. In so ordering, the hearing examiner shall consider the following:
a. Whether the intent ofthe appeal was to delay compliance;
b. Whether the appeal was frivolous;
c. Whether the applicant exercised reasonable~ timely, and good faith effort to comply
with the Notice to Correct Graffiti; and/or
d. Any other relevant factors.
(5) Effect of decision. Failure to. comply with the decision of the hearing examiner shall
constitute a gross misdemeanor punishable by a fine of not more than $5,000 or up to 365 days
imprisonment: or both. In addition to criminal punishment pursuant to this subsection, the City
may pursue any other enforcement authorized by law.
(0 Judicial review. Judicial review of a decision by the hearing examiner may be sought by
any party aggrieved or adversely affected by the decision, if the written petition seeking review
ORD # {)7-550, PAGE 6
is filed and served on all parties within 21 days of the date of the decision. Filing of a petition for
review does not stay any required action without .further order of the hearings examiner or a
court having .jurisdiction over the matter.
10-57 Abatement bv the City.
(a) Authority to Abate. The City may abate graffiti when any responsible party fails to abate
a violation within 10 days of an unappealed Notice to Correct Graffiti where either no abatement
plan has been entered or an abatement plan has not been complied with, or as ordered by the
hearings examiner. The City may use agents, contractors, or volunteers under its direction, who
may act pursliant to this Article.
(b) Authorized Action by the City. Using anvlawful means. the City is expressly authorized
to enter upon the premises to abate graffiti during regular business hours or at times mutually
agreeable with the responsible party. All reasonable efforts to minimize damage from such entry
shall be taken by the City. The City shall not authorize nor undertake to provide for the painting
or repair of any more extensive area than the area where the graffiti is located, The City may
seek such iudicial process as it deems necessary to effect the abatement. .
(c) Recovery of Costs. The responsible party and/or the owner shall be jointly and severally
liable for the costs. including incidental expenses. of any abatement by the City and such costs
shall constitute a personal obligation and a debt owed to the City and shall be enforceable as a
lien against the property upon which such nuisance existed, in addition to the other legal
remedies available for enforcement of debts. The costs shall become due and payable to the City
within,14calendar days from the date of notice from the City that costs are due. The term
"incidental expenses" includes but is not limited to personnel costs, (both direct and indirect)~
attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal
expenses; expenses of the City in preparing notices, specifications and contracts; the costs of
accomplishing and inspecting the work; collection costs whether direct or indirect~ the costs of
any .contractors for any portion of the abatement process~ and the costs of any required printing
and mailing. The Director of the Community Development Department or designee, or the
hearings examiner. may in his or her discretion waive in whole or part the assessment of any
costs of abatement upon a showing that abatement has occurred or is no longer necessary. or that
the costs would cause a financial hardship for the responsible party. The City may authorize the
use of collection agencies to recover costs. The City Attorney is authorized to collect the costs by
use of appropriate legal remedies.
(d) Interference. No person shall obstruct, impede, or interfere with the City or its agents, or
with any person who owns. or holds any interest or estate in any property. in performing any
tasks necessary to correct the violation.
10-58 Warrants authorized if needed.
(a) A warrant to enter the property to inspect or abate under this Article shall not be required
for graffiti visible from outside of the property and accessible from normal access routes from
the public right of way
(b) A judge or commissioner ofthe Municipal Court of the City of Federal Way or other
court with jurisdiction. upon a.proper oath or affirmation showing compliance with the Article
and probable cause that a violation is present on a property, shall have power to issue a warrant
ORD #07 -5So , PAGE 7
directed to a state or local official authorizing the official to enter the property to inspect or
abate.
(c) A warrant shall issue only upon application of an enforcement officer or employee of a
prosecuting or regulatory authority supported by declaration or affidavit made under oath or
upon sworn testimony before the iudge and establishing probable cause for the issuance of the
warrant and particularly describing the property and the violation. For purposes of this section,
probable cause exists if there is reasonable cause to believe that a violation is present upon the
particular property to be entered.
( d) If the judge or commissioner is satisfied that the standard for issuing a warrant has been
met, the judge or commissioner shall issue the warrant. The warrant must particularly describe
the property, the violation, and the action to be taken.
(e) A warrant issued pursuant to this section must be executed and returned within ten days
unless, upon a showing of a need for additional time. the period is extended or renewed by a
iudge or commissioner upon a finding that such extension or renewal is in the public interest. A
coPy ofthe warrant and a receipt for abatement taken pursuant to the warrant shall be given to
the person whose property is entered, or if the person is not at the property. the coPy shall be left
in or on the property that was entered or from which property was taken. The return of the
warrant shall be promptly made accompanied by a written inventory of any property taken. A
copy of the return shall be attached to the warrant and filed with the Clerk of the court.
10-59 Provisions not exclusive.
The provisions of this chapter are not exclusive. and may be used in addition to other
enforcement provisions authorized by the Federal Way City Code or other applicable law, except
as specifically precluded by law.
SECT10N 3. Chapter 22, Article XVIII, Section 22-1597 of the Federal Way City Code
shall be amended to read as follows:
22-1597 Definitions.
. The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
. (1) Abandoned sign means any sign remaining in place after a sign has not been maintained
for a period of 90 or more consecutive days or if the activity conducted on the subject property
ceases for 180 consecutive days.
(2) Administrator means the director of community development or hislher designated
representative.
(3) Advertised activity for freeway profile signs. For the purpose of measuring from the
advertised activity for an individual business, the distance shall be measured from the sign to the.
nearest portion of that building, storage, or other structure or processing area which is the most
regularly used and essential to the conduct of the activity; and for a center identification sign,
which identifies businesses within a multi-tenant complex, the distance shall be measured from
the sign to the nearest portion ofthe combined parking area of the subject property.
ORD #0 1- 5 5D , PAGE 8
(4) Animated or moving sign means any sign that uses movement or the appearance of
movement of a sign display through the use of patterns of lights, changes in color or light
intensity, computerized special effects, video display, or through any other method, chasing or
scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing
elements creating sound or smell; except for the scrolling of a static message, scene, or color
onto or off a sign board in one direction per message.
(5) Architectural embellishments - Signs means the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other
elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the
structural elements surrounding or supporting the sign.
(6) Awning means a shelter projecting from and supported by the exterior wall of the
building and which is constructed of a noncombustible framework and covered by a flexible or
nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any stf\Jcture that extends
above the adjacent parapet or roof of a supporting building is not included within the definition
of awning.
(7) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is
printed on, painted on, or attached to an awning or canopy. Illumination for the awning or
canopy shall be for safety purposes only, and therefore, shall point toward the ground and not
illuminate the canopy. (See also "Marquee sign.")
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Figure 1- Awning or Canopy Sign
(8) Balloon means a decorative inflatable device, generally composed of a thin layer of latex
or myla,r, into which a gas (typically helium) is inserted in order to cause it to rise or float in the
atmosphere. (See also "Inflatable advertising device.")
(9) BaIUler means a sign made of fabric or any nonrigid material with no enclosing
framework.
(l0) Billboard means permanent outdoor advertising off-site signs containing a message,
commercial or otherwise, unrelated to any use or activity on the subject property on which the
sign is located, but not including civic event signs, signs oriented to the interior of sports fields,
government signs, or instructional signs.
(11) Building-mounted signs means any sign attached to the facade or face of a building or
mansard roof including without limitation wall signs, marquee signs, under canopy signs and
projecting signs.
ORD # tn--sS"o ,PAGE 9
(12) Cabinet sign means a sign constructed of a box, rigid material, or framework over or
within which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may
have either interior or exterior illumination.
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- 3;/;/E ?/ ~ =l:;/~E
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Figure 2 - Cabinet Sign
(13) Canopy - Building means a rigid, multi-sided structure covered with fabric, metal, or
other material and supported by a building at one or more points or extremities and by columns
or posts embedded in the ground at other points or extremities. Any structure which extends
above any adjacent parapet of roof of the supporting building is not included within the
definition of a building canopy.
(14) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric, metal,
or other material and supported by one or more posts embedded "in the ground.
(15) Canopy sign. See " Awning or canopy sign."
(16) Ce.nter identification sign means a building-mounted or freestanding sign that identifies
the name and/or logo of a development containing more than one office, retail, institutional or
industrial use or tenant and which may separately identify the tenants.
(17) Changeable copy sign means a sign whose informational content can be changed or
altered (without changing or altering the sign frame, sign supports or electrical parts) by manual
or electric, electro-mechanical, or electronic means. A sign on which the message changes more
than eight times a day shall be considered an electronic changeable message sign and not a
changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic
or mechanical indication of time and/or temperature shall be considered a "time and
temperature" sign and not a changeable copy sign.
(18) City means the city of Federal Way, a Washington municipal corporation, unless the
context clearly indicates otherwise,
(19) Clearview zone means the definition set forth in FWCC 22-l151 et seq, of this Code for
intersection sight distance requirements.
(20) Community service event or civic event means an event or gathering (such as a food
fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private
or public nonprofit organization. Sponsoring organizations can include, but are not limited to,
schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable
organizations. The event may not be primarily for the purpose of selling or promoting
merchandise or services.
(2l) Construction sign means a temporary sign identifying an architect, contractor,
subcontractor, and/or material supplier participating in construction on the property on which the
ORD # O.)-SSo , PAGE 10
sign is located. Construction signs also include "Coming Soon" and "Open During Construction"
SIgnS.
(22) Copy means the graphic content of a sign surface in either permanent or removable
letter, pictographic, symbolic, or alphabetic form.
(23) Directional sign, on-site means a sign giving directions, instructions, or facility
information and which may contain the name or logo of an establishment but no advertising copy
(e.g., parking, exit or entrance signs).
(24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or
fixtures are used.
(25) Electronic changeable message sign means an electronically activated sign whose
message content, either whole or in part, may be changed by means of electronic programming.
(26) Exposed building face means the building exterior wall of a single occupant building or
the building exterior wall of an individual tenant's leased space in a multi-tenant complex,
including the vertical distance between eaves and ridge of a pitched roof above it, used for sign
area calculation for building-mounted signs.
(27) Facade means the entire building front including the parapet.
(28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(29) Flag means any piece of cloth of individual size, color and design, used as a symbol,
signal, emblem or for decoration.
(30) Flashing sign means a sign when any portion of it changes light intensity, switches on
and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by
use o[electrical energy or illumination.
(31) Freestanding sign means a sign supported permanently upon the ground by poles,
pylons, braces or a solid base and not attached to any building. Freestanding signs include those
signs.'otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs."
,,/
Sign
HEJigN
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1
ORD#I)7-SS0 ,PAGE 11
Sign
Height
./
FigUre 3 - Freestanding Sign
(32) Frontage means the length of the property line along any public right-of-way on which it
borders.
(33) Frontage, building means the length of an outside building wall on a public right-of-
way.
(34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
(35) Repealed
(36) Grand opening means apromotional activity used by newly established businesses to
inform the public of their location and services available to the community. A grand opening
does not mean an annual or occasional promotion of retail sales or other services, and does not
include a change in.ownership, remodeling, or other change incidental to the initial establishment
of the business.
(37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign
permanently affixed to the ground:
(38) Government sign means any temporary or permanent sign erected and maintained by
any city, public utility, county, state, or federal government for designation of or direction to any
school, hospital, hospital site, property, or facility, including without limitation traffic signs,
directional signs, warning signs, informational signs, and signs displaying a public service
message.
(39) Height (of a sign) means the vertical distance measured from the highest point of the
sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
(40) Identification sign means a sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation being identified.
(41) Identification sign (subdivision) means a freestanding or wall sign identifying a
recognized subdivision, condominium complex, or residential development.
(42) Illuminated sign means a sign with an artificial light source incorporated internally or
externally for the purpose of illuminating the sign.
(43) Incidental sign means a small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours
of business).
(44) Inflatable advertising device means an advertising device that is inflated by some means
and used to attract attention, advertise, promote, market, or display goods and/or services. These
devices include large single displays or displays of smaller balloons connected in some fashion
to create a larger display.
ORD#d7-S<"~ ,PAGE 12
(45)Instructional sign means a sign which designates public information including, without
limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs.
(46). Integral sign means a sign displaying a building date, monument citation,
commemorative inscription, or similar historic information.
(47) Kiosk means a freestanding sign, which may have a round shape or which may have two
or more faces and which is used to provide directions, advertising or general information.
(48) Maintenance means the Cleaning, painting, and minor repair of a sign in a manner that
does not alter the basic design, size, height, or structure of the sign.
(49) Marquee sign means any sign attached to or supported by a marquee, which is a
permanent roof-like projecting structure attached to a building.
(50) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in
or drive-through restaurant.
(51) Monument sign means a freestanding sign supported permanently upon the ground by a
solid base of landscape construction materials such as brick, stucco, stonework, textured wood,
tile or textured concrete materials harmonious with the materials of the primary structure on the
subject property. (See drawing set forth in FWCC 22-l602( c )(2), Figure 8.)
(52) Multi-tenant complex means a complex containing two or more uses or businesses.
(53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22-1.
(54) Mural means a design or representation that is painted or drawn on the exterior surface
of a structure and that does not advertise a business, product, service, or activity.
(55} Nameplate means a non-electric on-premises identification sign giving only the name,
address;-andlor occupation of an occupant or group of occupants ofthe building.
(56) Neon (outline tubing) sign means a sign consisting of glass tubing, tilled with neon gas,
or other similar gas, which glows when electric current is sent through it.
(57) Nonconforming sign means any sign, which was legally in existence on the effective
date of this Code, February 28, 1990, or on the effective date of annexation if located in areas
annexed"'to the city thereafter, but which does not comply with this Article or any other sections
of this Code.
(58) Notice of determination means the determination that the city issues as to whether a sign
conforms to this Article and other sections of this Code.
(59) Obsolete sign means a sign that advertises a product that is no longer made, a business
that is no longer in operation, or an activity or event that has already occurred, except for
historical signs.
(60) Off-site sign means a sign relating, through its message and content, to a business
activity, use, product, or service not available on the subject property on which the sign is
located.
(61) On-site sign means a sign which contains only advertising strictly applicable to a lawful
use of the subject property on which the sign is located, including without limitation signs
indicating the business transacted, principal services rendered, 'lnd goods sold or produced on the
subject property, or name of the business and name ofthe person occupying the subject property.
(62) Person means any individual, corporation, association, firm, partnership, or other legal
entity.
(63) Pedestal means freestanding signs supported permanently upon the ground by a solid
base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or
textured concrete materials harmonious with the materials of the primary structure on the subject
ORD #O")-S"S'o , PAGE 13
property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth
in FWCC 22-l602(c)(1), Figure 6.)
(64) Point of purchase display or sign means an advertisement for an item accompanying its
display indicating only instructions and the contents or purpose of the item (e.g., an
advertisement on a product dispenser, tire display, recycling containers, collection containers,
gas pumps, phone booths, etc.).
(65) Pole or pylon signs means freestanding signs supported permanently upon the ground by
poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured
concrete materials harmonious with the materials ofthe primary structure on the subject property
and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(I), Figure 7.)
(66) Political signs means temporary signs advertising a candidate or candidates for public
elective office, or a political party, or signs urging a particular vote on a public issue decided by
ballot in connection with local, state, or national election or referendum.
(67) Portable sign means any sign designed to be moved easily and not permanently affixed
to the ground or to a structure or building. Portable signs differ from temporary signs in that
portable signs are made of durable materials such as metal, wood, or plastic.
(68) Pre-opening sign means a temporary sign which identifies a new business moving into a
new tenant space or building. The sign must include the name of the business and copy stating
the business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.).
(69) Private advertising sign means a temporary sign announcing an event, use or condition
of personal concern to the sign user including without limitation "garage sale" or "lost animal"
SIgnS.
(70) Private notice sign means a sign announcing a restriction or warning regarding the
subject property, such as, but not limited to, "no trespassing" or "beware of dog."
(71) Projecting sign . means a sign, other than a flat wall sign, which is attached to and
projects from a building wall or other structure not specifically designed to support the sign.
SIGN
ORD # t)?,-Ssv , PAGE 14
o 0
I I
Figure 4 - Projecting Sign
(72) Public right-of-way means land owned, dedicated or conveyed to the public, used
primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately
owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long
as such privately owned land has been constructed in compliance with all applicable laws and
standards for a public right-of-way.
(73) Real estate, off-site sign means a portable or temporary sign announcing the proposed
sale of property other than the property upon which the sign is located and providing directions
to the subject property.
(7,4),Real estate, on-site sign means a sign placed on the subject property and announcing the
sale or rental of the subject property. .
(75) Registration sticker means the sticker that is assigned to a sign that has been inventoried
_ and has been determined to comply with this Article and other sections of this Code.
(76) Roof sign means any sign erected, constructed, or placed upon, over, or extended above
any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a
mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or
placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof.
(77) Sign means any communication device, structure, fixture, or placard that uses colors,
words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or
written copy for the purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event,
establishment, product, good, or service, and includes all supports, braces, guys, and anchors
associated with such sign.
Painted wall designs or patterns which do not represent a product, service, or registered
trademark, and which do not identify the user, are not considered signs. If a painted wall design
or pattern is combined with a sign, only that part of the design or pattern which cannot be
distinguished from the sign will be considered as part of the sign.
(78) Sign area means the entire area of a sign on which colors, words, letters, numbers,
symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed,
ORD # /Jj-SScJ , PAGE 15
excluding sign structure, architectural embellishments and framework. Sign area is calculated by
measuring the perimeter enclosing the extreme limits of the module or sign face containing the
graphics, letters, figures, symbols, trademarks, ancIJor written copy; provided, however, that
individual letters, numbers or symbols using a canopy, awning or wall as the background,
without added decoration. or change in the canopy, awning or wall color, have sign area
calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the
square footage of these perimeters.
Grocery
I G+f+()+(:+e +t+y ; Sign At:ea
fe:a~
I ~ x ( b+c+d+e) '" .$191'1 Afea
Figur-e 5 - Calculating Sign Art
ORD #0,-550 , PAGE 16
(79) Sign face means the area of a sign on which the colors, words, letters, numbers,
symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed.
(80) Sign inventory sticker means the sticker that is assigned to any sign after it has been
inventoried and determined to be a legal nonconforming sign.
(81) Sign inventory sticker number means the inventory number that is assigned to a sign
after it has been inventoried and determined to be a legal nonconforming sign.
(82) Sign registration means the approval issued to any sign that has an approved sign permit
and that has passed all inspections required by the cify, or is in conformance with this Code after
an analysis conducted as part of a sign inventory. .
(83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility
poles, ex.cept those posted by a govenunent or public utility.
(84) Temporary sign means a sign not constructed or intended for long-term use.
(85) Tenant directory sign means a sign for listing the tenants or occupants and then suite
numbers of a building or center.
(86) Time and temperature sign means any sign that displays the current time and
temperature, without any commercial message.
(87) Under canopy sign means ,any sign intended generally to attract pedestrian traffic
suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent
exposed building face and which contains no commercial messages other than the name of the
business.
(88) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the
purpose of advertising a product or service, or providing directions to such products or services.
(89) Wall sign means either a sign applied with paint or similar substance on the surface of a
wall or a sign attached essentially parallel to and extending not more than 24 inches from the
wall of a building with no copy on the side or edges.
(90)-Waming sign means any sign which is intended to warn persons of prohibited activities
such as "no trespassing," "no hunting," and "no dumping."
(91) Window sign means all signs affixed to a window and intended to be viewed from the
exterior of the structure.
SECTION 3. Chapter I, Article XVIII, Section 22-1600 of the Federal Way City Code
shall be amended to read as follows:
22-1600 Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs are
. subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604:
(1) Abandoned or obsolete signs.
(2) Animated or moving signs.
(3) Banners, except as expressly allowed pursuant to Table land FWCC 22-l599(d)(2)(f).
(4) Billboards.
(5) Dilapidated, nonmaintained signs.
(6) Flashing signs, except electronic changeable message signs or changeable copy signs.
(7) Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e).
(~) Mylar balloons.
ORD # tY,-s.5{) , PAGE 17
(2) Obstructing signs which obstruct or interfere with free access to or egress from a required
exit from a building or structure.
.(lQ) Off-site signs except those expressly allowed in this chapter.
ill) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or
similar items that attract attention through movement, reflection or illumination unless expressly
. allowed pursuant to Table 1 of this Article.
(12) Portable signs except as expressly allowed in FWCC 22-1599( d)(2).
(11) Real estate signs providing information other than the name of the development and that
the subject property is for sale; lease or n~nt, such as signs which only announce the features or
amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights,
covered parking, free cable, laundromat services, community centers, etc.).
(14) Right-of-way signs including any sign in a public right-of-way except governmental
SIgnS.
ill) Roof signs.
(lQ) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or
any other words, symbols, or characters in such a manner as to interfere with, mislead, or
confuse pedestrian or vehicular traffic.
(11) Snipe signs.
(~) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer
used principally for advertising purposes, rather than transportation, but excluding signs relating
to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or
its principal product on a vehicle operated during the normal course of business.
SECTION 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity ofthe application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
SECTION 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 6. Declaration of Emergency - Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public
emergency exists, necessitating that this ordinance take effect iI11IIiediately upon its passage by a
majority plus one of the whole membership of the Council in order to protect the public health
ORD #07-550 , PAGE 18
safety, property and general welfare. This ordinance shall take effect and bein force
immediately upon passage by the City Council.
~. ~SED by the City Council of the City of Federal Way this c90fL
()J ,2007.
day of
CITY OF FEDERAL WAY
~~/L
ATTEST:
APPROVEP AS TO FORM:
f~./:1. ~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 3(n(01
PASSED BY THE CITY COUNCIL: '3/~Olo7
PUBLISHED: 3/~ V/OI .
EFFECTIVE DATE: ~t-C'1- - C/Udt.M:'- unmedlJ.4o-
ORDINANCE NO. 07-550
K:\ord\2007\Graffiti Amendment 1 (clean)
ORD# 07-S50,PAGE 19