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(a) Purpose and Intent. It is the purpose and intent of this section to prevent graffiti and to promote its eradication, and to prevent related vandalism, as graffiti and related vandalism damages or destroys property, both public and private. It is the further intent of this section to fight against blight, to preserve the value of property, both public and private, and to promote the security of the community, all of which are threatened and damaged by graffiti and graffiti-related vandalism. The existence of graffiti on any public or private property within the city of Selah is expressly found and declared to be a public nuisance. The city council expressly does not intend for this chapter to conflict with any existing anti-graffiti state laws or local ordinances and the provisions of this chapter are cumulative to such existing provisions.

(b) Definitions. For the purposes of this section, the following words shall have the meanings respectively ascribed to them in this chapter, except where the context clearly indicates a different meaning:

"Aerosol paint container" means any aerosol container that is adapted or made for the purpose of applying paint or pigment that is not water-soluble.

"Broad-tipped marker" means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigment that is not water-soluble.

"Graffiti" means any unauthorized inscription, figure, etching or mark of any type that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property.

"Graffiti implement" means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment or paintbrush.

"Paint stick" or "graffiti stick" means any device containing a solid form of paint, epoxy, or other similar substance that is not water-soluble and is capable of being applied to a surface by pressure and leaving a mark.

"Unauthorized" means not expressly permitted by the owner or legal occupant of the property.

(c) Violation – Prohibited Acts.

(1) Graffiti. It is unlawful for any person to commit any overt act in or attempting to result in application of graffiti utilizing a graffiti implement or etching equipment on any surface, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, paths, streets, bridges, trestles, buildings or any other structure surface without the express permission of the owner situated on property, whether public or private, within the city where the graffiti is unauthorized.

(2) Possession of Graffiti Implements. It is unlawful for any person to possess any graffiti implement while on public property, or on private property without the express consent of the owner of such property, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of the property in the vicinity. Among the circumstances which may be considered by the enforcement officer in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of an enforcement officer, refuses to identify themselves, or manifestly endeavors to conceal themselves or the graffiti implement. Prior to any citation being issued to a person for a violation of this section, such person shall be afforded an opportunity by the enforcement officer to dispel any alarm or immediate concern which could otherwise be warranted by requesting such person to identify themselves and explain their presence and conduct. Violation of this section is a misdemeanor crime and punishable by imprisonment of up to ninety days and/or a fine up to one thousand dollars for each violation.

(3) Accessibility to Graffiti Implements.

(A) Furnishing to Minors Prohibited. It shall be unlawful for a person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish or permit any person under the age of eighteen to possess any aerosol paint container, broad-tipped marker, paint stick or etching equipment.

(B) Display and Storage.

(i) Every person who owns, conducts, operate or manages a retail commercial establishment selling aerosol paint containers, paint sticks, broad-tipped markers or etching equipment shall store the containers, sticks, markers or etching equipment in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.

(ii) In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, broad-tipped markers or etching equipment in an area as provided in this section, the establishment shall store the aerosol paint containers, paint sticks, broad tipped markers or etching equipment in an area not accessible to the public during the regular course of business without employee assistance.

(iii) Every person who operates a retail or commercial establishment selling aerosol paint, broad-tipped markers, paint sticks, or etching equipment shall place a sign in clear public view stating:

Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a misdemeanor crime and is punishable by imprisonment of up to ninety (90) days and/or a fine up to one thousand dollars ($1,000.00) for each violation.

(C) Each violation shall be a separate and distinct offense.

(D) It shall be defense to a violation of this subsection that the person who sold, gave or furnished any aerosol paint containers, paint sticks, broad-tipped markers or etching equipment reasonably relied on an officially issued identification that shows the purchaser's age and bears their signature and photograph. As used in the section, "officially issued identification" shall include a driver's license, instruction permit, or identification card of a state or province of Canada; or identity card issued by the Washington State Department of Licensing under Chapter 46.20 RCW, Passport; or merchant marine identification issued by the United States Coast Guard.

(E) Any person who wrongfully sells, displays or stores graffiti implements shall be guilty of a civil infraction and is subject to punishment by a fine of up to two hundred fifty dollars for an initial violation. For a second violation or any subsequent violation, the person is subject to punishment by a fine of up to five hundred dollars for each violation.

(d) Civil and Criminal Penalties. Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of any ordinance of the city shall be guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment, but the punishment provided for violation of any criminal ordinance shall be the same as the punishment provided in state law for the same crime. The provisions of this section shall take priority over any ordinance not consistent herewith, and those portions of all ordinances in conflict herewith are repealed.

(1) Classification of Offenses. Unless otherwise specifically provided for, any person who is convicted of violating or failure to comply with any of the criminal provisions of this title shall be subject to the following penalties:

(A) Gross Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a five thousand dollar fine or three hundred sixty-four days in jail, or both. If no state law provides for such penalty, then the penalty shall not exceed a five thousand dollar fine or three hundred sixty-four days in jail, or both.

(B) Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a one thousand dollar fine or ninety days in jail, or both. If not state law provides for such penalty, then the penalty shall not exceed a one thousand dollar fine or ninety days in jail, or both.

(C) Any criminal violation not specifically designated as a gross misdemeanor shall be a misdemeanor.

(e) Penalty Cumulative. The civil penalty imposed under this chapter is cumulative to and does not affect the imposition of any other penalty whether criminal or civil under any other provisions of state or local law.

(f) Parental Civil Liability. Any parent, legal guardian, or other adult person authorized by said parent or guardian to have the care, custody, and responsibility of a minor who violates any provision of this chapter, is responsible for the payment of any civil penalty and the cost of restoration imposed under this chapter.

(g) Graffiti Removal.

(1) Removal by the Perpetrator. A person, and in the case of a minor, the parent or legal guardian, violating this chapter shall, in addition to all other penalties provided under this chapter, remove or cause removal of the graffiti at their sole expense and at the direction and under the supervision of the property owner. If the person, including a minor and the minor's parent or legal guardian, fails to remove the graffiti, the property owner may cause the graffiti to be removed and charge the person responsible for doing so for the removal expenses incurred, to including filing a lawsuit or action in a court of competent jurisdiction to recover such expenses.

(2) Removal by the City. Graffiti on any public or private property visible from any public right-of-way, including but not limited to any street, sidewalk, walkway, alley, or road, may be removed and abated by the city's enforcement officers. In such cases, the city will notify the owner or occupant of the property, by posting notice on the subject property or by other means, that the graffiti must be removed by the owner or occupant within seventy-two hours, or such will be removed or painted over by the city, and the cost thereof billed to the owner and/or occupant and assessed as a lien against such property if not paid. The code enforcement officer may extend the period of time for the owner or occupant to remove the graffiti in circumstances and for reasons deemed appropriate by the code enforcement officer. Notwithstanding the above requirement for prior notification to the property owner or occupant, if the surface of a structure marked with graffiti is immediately adjacent to and visible from any public right-of-way, the code enforcement officer may immediately remove or paint over the graffiti and notify the property owner and/or occupant of such action by posting or other appropriate means.

(3) Removal Through City Graffiti Abatement Program. Subject to Section 302.10 of the International Property Maintenance Code, and the availability of funding and personnel, the city makes available a graffiti abatement program. Owners of property within the city, and any owner who receives a notice issued pursuant to Chapter 6.75, and Section 302.10.2 of the International Property Maintenance Code, to abate graffiti may request assistance from the city's graffiti abatement program to abate graffiti placed on their property.

(h) Community Service. Any person violating this chapter shall perform community service, including graffiti removal service, of not less than twenty hours, in addition to all other fines, penalties and restoration work. If the violator is a minor, at least one parent or legal guardian shall be present at the community service site for at least one-half of the community service hours required of the minor. (Ord. 2205, § 1 (Exh. A), 2023.)