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Ord 94-208 ORDINANCE NO. 94-208 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER SIX, CRIMINAL CODE, TO ADD A NEW SECTION 6-215 PROHIBITING GRAFFITI WITHIN THE CITY OF FEDERAL WAY AND ESTABLISHING A MANDATORY MINIMUM SENTENCE FOR THE OFFENSE (AMENDS ORDINANCE 91-89). THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Amendment. The Federal Way City Code Chapter six is amended to add a new section 6-215 as follows: Sec. 6-211. Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) (2) (3) (4) (5) (6) (7) (8) (9) ORD # 94-208 RCW 9A.56.010, Definitions. RCW 9A.56.020, Theft--Definition, defense. RCW 9A.56.050, Theft in third degree. RCW 9A.56.060 (1), (2), (3), issuance of checks or drafts. (5), Unlawful RCW 9A. 56 .140, Possessing stolen property-- Definition, credit cards, presumption. RCW 9A.56.170, Possessing stolen property in the third degree. RCW 9.54.130, Restoration of stolen property-- Duty of officers. RCW 9A.56.220, services. television Theft of cable RCW 9A.56.230, Unlawful television services. sale of cable , PAGE 1 COPt' Sec. 6-212. (10) RCW 9A.56.240, Forfeiture and disposal device used to commit violation. of (11) RCW 9A.56.260, converter. Connection of channel (12) RCW 9A.56.270, Shopping cart theft. Malicious mischief and obscuring identity of machines. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) (2) (3) Sec. 6-213. RCW 9A.48.090, Malicious mischief in the third degree. RCW 9A.48.100(1), Malicious physical damage defined. mischief and RCW 9A.56.180, machine. Obscuring a identity of Trespass and related crimes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) (2) (3) (4) (5) (6) (7) (8) ORD # 94-208 RCW 9A.52.010, Definitions. RCW 9A.52.060, tools. Making or having burglary RCW 9A.52.070, Criminal trespass in the first degree. RCW 9A.52.080, Criminal trespass in the second degree. RCW 9A.52.090, Criminal trespass--Defenses. RCW 9A.52.100, Vehicle prowling. RCW 9A.52.120, Computer trespass in the second degree. RCW 9A.52.130, Computer trespass--Commission of other crime. , PAGE 2 Sec. 6-214. Disruption of school activities. (a) A person is guilty of disruption of school activities if he or she comes into or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school. (b) As used in this section, "school" has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. Sec. 6-215. Graffiti. 1& Prohibited. of Graffiti. No person shall commit the offense LQl Defined. A person is auiltv of the offense of "Graffiti" if he or she willfullv defaces public or private propertv includinq anv propertv of the citv bv paintinq. spray paintinq. or defacinq propertv throuah the inscription of svmbols. words. or pictures beina transferred onto the face of said private or public propertv. unless the person is the owner or does have control or custodv of the propertv. or has prior consent of the owner or tenant in lawful possession of such private propertv. 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 anv other state or local laws. rules. or reaulations. 1.£l Penaltv. Anv person violatina the provision of this section shall be auiltv of a qross misdemeanor and there shall be imposed a mandatorv minimum sentence of thirtv (30) davs in iail and shall. in addition to anv other fine imposed. be further subiect to a mandatorv imposition of assessment of costs pursuant to RCW 10.64 (1993 Session Laws. Chapter 355). in the amount of $50.00 per dav of iail actuallv imposed: and in addition to this penaltv. such person mav in the sound discretion of the court. be directed bv the court to erase and remove from anv public place or anv public propertv or anv private propertv with the permission of the owner or the person in possession of the proDertv upon which it is established that such person has col1llllitted the offense of "Graffiti". anv and all Graffiti inscribed thereon bY anvone prior to the date of the execution of the sentence. Sec. 6-215~--6-235. Reserved. ORD # 94-208 , PAGE 3 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. section 5. Severabilitv. 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 6. Effective Date. This ordinance shall be effective thirty (30) days after passage as provided by law. PASSED by the City Council of the city of Federal Way this 1st day of Februarv , 1994. CITY OF FEDERAL WAY ~7MAR~Ef~ c:¡;vrn " TO ,,>ROo. C, ~YN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: February 5, 1994 EFFECTIVE DATE: March 3, 1994 ORDINANCE NO. 94-208 January 12,1994 February 1, 1994 , MARYK\ORDIORAPFITI.ORD ORD # 94-208 , PAGE 4