ORD 07-551
ORDINANCE NO. 07-551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL W AY, WASHINGTON, AMENDING CHAPTER 6,
ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF
THE CITY OF FEDERAL WAY TO ADD THE CRIME OF
AGGRAVATED GRAFFITI AND A PROHIBITION AGAINST
THE POSSESSION OF GRAFFITI TOOLS AND CHANGE
THE PENAL TIES (Amending Ordinance No. 94-208)
WHEREAS, among the responsibilities imposed on the City of Federal Way are those
involving enforcement of ordinances proscribing violations of criminal laws adopted as a part ofthe
Federal Way City Code; and
WHEREAS, the provisions ofthe Federal Way City Code include identification of certain
criminal violations in its criminal code designed to provide for public safety within the City and to
meet specific needs of the City; and
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 citizens of Federal Way; and
WHEREAS, the crime of graffiti is growing within the City; and
WHEREAS, to better meet the needs of the City, and to address specific areas of criminal
conduct regulation, it is appropriate to add to the current provisions dealing with possession of
graffiti tools;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD #07-551, PAGE 1
SECTION 1. Chapter 6, Article IX, Section 6-215 of the Federal Way City Code shall be
amended to read as follows:
6-215 Graffiti.
(a) Prohibited.. No person shall commit the offense~ of graffiti. aggravated graffiti. or
possession of graffiti tools.
(b) Graffiti Defined. A person is guilty of the offense of "graffiti" if he or she willfully
defaces public or private property including any property of the city by painting, spray painting, or
defacing property through the inscription of symbols, words, or pictures being transferred onto the
face of said private or public property, unless the person is the owner or does have control or custody
of the property, or ha~ prior consent of the owner or tenant in lawful possession of such private
property, or unless the act is done under the personal direction of said owner or tenant and provided
such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules,
or regulations.
(c) Af!f!ravated Graffiti Defined. A oerson is guiltv of the offense of "aggravated graffiti" if
he or she has been oreviouslv convicted of "graffiti". or malicious mischief in the third degree. or a
similar offense. and commits the offense of "graffiti".
fgt (d)Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession
of graffiti tools" ifhe or she possesses a pressurized container. marker pen, acid etch or any other
obiect capable of defacing property, under circumstances demonstrating an intent to commit graffiti.
W &a W PenaltYies. Any person violating the provision~ of this section shall be guilty of a
gross misdemeanor and there shall be imposed a mandatory minimum sentence 000 days injail and
shall, in addition to any other fine imposed, be further subject to a mandatory imposition of
ORD # tJ7-S5'1 , PAGE 2
assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the
amount of$50.00 per day of jail actually imposed; and in addition to this penalty, such person may in
the sound discretion of the court, be directed by the court to erase and remove from any public place
or any public property or any private property with the permission of the owner or the person in
possession of the property upon which it is established that such person has committed the offense of
"graffiti," any and all graffiti inscribed thereon by anyone prior to the date ofthe execution of the
sentence. In addition to anv financial oenalties under this section. anv oerson found guiltv of
"aggravated graffiti" shall be ounished bv imorisonment of not less than five (5) davs uoon the first
such conviction: imorisonment of not less than ten (10) davs uoon the second such conviction: and
imorisonment of not less than thirtv (30) davs uoon the third or subseauent convictions.
SECTION 2. 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 of the 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 3. Ratification. Any and all acts consistent with the authority and prior to
the effective date of this ordinance are hereby ratified and affirmed.
SECTION 4. Declaration of Emergency and Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public emergency
ORD # /)/.:. 55 (
, PAGE 3
exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus
one of the whole membership of the Council in order to protect the public health, safety, property
and general welfare. This ordinance shall take effect and be in force immediately upon passage by
the City Council.
PASSED by the City Council ofthe City of Federal Way this _ day of
2007.
CITY OF FEDERAL WAY
~/?~
MAYO, I. 0ARK
ATTEST:
APPROVED AS TO FORM:
~tf~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 3(/7/01
PASSED BY THE CITY COUNCIL: 3/J..r:/o'f
PUBLISHED: 3/:2lf/D7
EFFECTIVE DATE: J;rn.mvd(~
ORDINANCE NO. 0'7 -551
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ORD #07-SS(
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