ORD 07-565
ORDINANCE NO. 07-565
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6,
ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF
THE CITY OF FEDERAL WAY TO PROHIBIT POSSESSION
OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING
CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE
FEDERAL WAY CITY CODE TO REFINE THE DEFINITION
OF GRAFFITI TOOLS. (Amending Ordinance Nos. 94-208 and
07-551)
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 of the
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, the City has defined "graffiti tools" to include pressurized canisters, paint sticks,
or broad-tipped marker pens; and
WHEREAS, refining the definition of certain graffiti tools would assist in the prosecution of
the crime; and
WHEREAS, the City has made it a crime to possess graffiti tools with the intent to commit
graffiti; 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
ORD #07-565, PAGE 1
WHEREAS, a substantial portion of graffiti is perpetrated by individuals under the age of
eighteen; and
WHEREAS, a majority of graffiti crimes are committed using aerosol paint cans; and
WHEREAS, prohibiting minors from possession of items most prevalently used as graffiti
may reduce a substantial portion of graffiti and facilitate police enforcement, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6, Article IX, Section 2-215 of the Federal Way City Code shall be
amended to read as follows:
6-215 Graffiti.
(a) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, m: possession
of graffiti tools. or minor in nossession of lITaffiti 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 has 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) Aggravated Graffiti Defined. A person is guilty of the offense of "aggravated graffiti" ifhe or
she has been previously convicted of "graffiti", or malicious mischief in the third degree, or a similar
offense, and commits the offense of "graffiti".
(d) Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of
graffiti tools" ifhe or she possesses a pressurized paint container defined under FWCC 10-52, indelible
broad;tinned marker pen as defined under FWCC 10-52, acid etch or any other object capable of defacing
property, under circumstances demonstrating an intent to commit graffiti.
ORD #07-565, PAGE 2
( e) Minor in Possession of Graffiti Tools Defined. A oerson is guilty ofthe offense of "minor in
oossession of graffiti tools" if he or she is under the age of eighteen (18) vears. not accomoanied bv a
resoonsible adult. and oossesses a oressurized oaint container in a Dublic olace or on orivate orooertv
without the consent of the owner. lessee. or other oerson entitled to legal oossession thereof. It-is
unla\vful f-or any individual under the age of ei~hteen (18) years. who is not aooompanied by a responsible
adult, to Dossess a pressurized paint container or broad tip marker as defined lmder Y'Hcc 10 52 in or
upon a publio plaee or priyate property, without the eonsent of the owner, lessee, or other person entitled
to lef!al possession thereof.
teJ ill Penalties. Unless otherwise provided, aAny person violating the provisions of this section
shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject
to a mandatory imposition of 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 of the execution of
the sentence. In addition to any financial penalties under this section, any person found guilty of
"aggravated graffiti" shall be punished by imprisonment of not less than five (5) days upon the first such
conviction; imprisonment of not less than ten (10) days upon the second such conviction; and
imprisonment of not less than thirty (30) days upon the third or subsequent convictions.
SECTION 2. Chapter 10, Article III, Section 10-52 of the Federal Way City Code shall be
amended to read as follows:
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.
ORD #07-565, PAGE 3
(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 of property.
(e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof.
(0 "Marker Pen" means a broad-tinned indelible marker with a tip exceeding four millimeters at
its diameter.
(g) "Pressurized Paint Container" means anv can, bottle, sprav device, or other mechanism
designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled '
under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is
callable of marking property.
(t)@ "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.
fgtffi "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 objection is made by a non-consenting responsible party.
(h) "Unauthorized" means without the prior express permission or consent of a responsible party.
SECTION 3. Severability. The provisions ofthis 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 4. Ratification. Any and all acts consistent with the authority and prior to the effective
date of this ordinance are hereby ratified and affirmed.
ORD #07-565, PAGE 4
SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from
the time of its final passage, as provided by law.
2007.
PASSED by the City Council of the City of Federal Way this ~ day of ~
CITY OF FEDERAL WAY
~~
. MAYOR, MI . . P
ATTEST:
APPROVED AS TO FORM:
rdc6 ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: /IJ!,d/l) 7
PASSED BY THE <;I~Y: COUNCIL: /1 (IP (0 7
PUBLISHED: /I ( /0[07
EFFECTIVE DATE: II (~5ID1
ORDINANCE NO. 07-Sl,~
K:\Ordinance\2007\graffiti minors 100907 .doc
ORD # 07 'SiPS-, PAGE 5