HomeMy WebLinkAbout3839 (42)Ordinance No..3849.
(Amending or Repealing Ordinances)
CFN= 122 — Police/Fire Departments
Passed — 8/7/2007
Declare Graffiti a Public Nuisance (Sec. 8.01.030)
Amends Ord. 3111
ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending section 8 01.030 of the
Kent City Code to declare graffiti a public nuisance.
RECITALS
A. The Federal Bureau of Justice reports that graffiti is the most
common type of property damage.
B. Graffiti has increased significantly within the City of Kent over the
past several years, and damages both the quality of life and the economic health
of our community by creating the appearance of blight in commercial districts and
raising concerns over safety among residents and visitors. Research by the
Justice Department suggests that criminals perceive the tolerance of graffiti as
signaling that other crime is also tolerated, leading to increased criminal activity.
C. Crime data supports that removal of graffiti within 48 hours is key
to suppressing the spread of graffiti within a community and will be especially
effective in deterring "tagger" graffiti by denying the opportunity for the tagger's
markings to be seen.
D. The existing provisions of chapter 8.01 KCC do not specifically
identify graffiti as a public nuisance; explicitly identifying graffiti as a nuisance will
enable the city to take the steps necessary to address the problem.
1 Declare Graffiti a Public Nuisance
THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 8.01.030 of the Kent City Code,
entitled "Types of nuisances," is amended to add a new subsection (15) as
follows:
Sec. 8.01.030. Types of nuisances. Each of the following conditions,
unless otherwise permitted by law, is declared to constitute a public nuisance, and
whenever the director determines that any of these conditions exist upon any
premises, the director may provide for the abatement thereof and monetary
penalties may be assessed pursuant to Ch. 1.04 KCC, Civil Violations,
Enforcement, and Abatement:
1. The existence of any trash, dirt, filth, the carcass of any animal,
manure or rubbish, accumulation of yard trimmings, excluding properly
maintained yard compost, or other matter which is offensive to a reasonable
person; except for such yard debris that is properly contained and concealed as
not to affect the health, safety, or depreciation of adjoining property for the
purpose of composting_;—e
2. Erecting, maintaining, using, placing, depositing, leaving, or
permitting to be or remain in or upon any premises, which may be viewed or
smelled from without the premises, or in or upon any street, alley, sidewalk, park,
parkway, or other public or private place in the city, any one (1) or more of the
following disorderly, disturbing, unsanitary, fly -producing, rat -harboring, disease -
causing places, conditions, or things -
a. Any putrid, unhealthy, or unwholesome bones, meat, hides,
skins, the whole or any part of any dead animal, fish, or fowl, or waste parts of
fish, vegetable, or animal matter in any quantity; but nothing herein shall prevent
the temporary retention of waste in approved covered receptacles; or
b. Any privies, vaults, cesspools, open containers of stagnant
water, sumps, pits, or like places which are not securely protected from flies and
rats, or which are malodorous; or
2 Declare Graffiti a Public Nuisance
C. An accumulation of material including, but not limited to
bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone or
cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels,
boxes, crates, packing cases, mattresses, bedding, packing hay, straw, or other
packing material or building materials on any premises which not properly stored
or neatly piled or is offensive to a reasonable person or in which flies or rats may
breed or multiply; or
d. Accumulation of any litter, garbage, trash, refuse, and/or
rubbish; or
e. The keeping, using or maintaining of any pen, stable, lot,
place or premises in which any hog, cattle, or fowl may be confined or kept in
such a manner as to be nauseous, foul, or offensive.
3. The existence of any fence or other structure on private property
abutting or fronting upon any public street, sidewalk, or place which is in a
sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition_
4. The existence of wrecked or disassembled trailers, house trailers,
boats, tractors, or other vehicle, appliance, or machinery of any kind, or any
mayor parts thereof_;
5. The existence on any premises of any abandoned or unused well,
pit, shaft, cistern, or storage tank without first demolishing or removing from the
premises such storage tank, or securely closing and barring any entrance or
trapdoor thereto or without filling any well, pit, shaft, or cistern or capping the
same with sufficient security to prevent access thereto_
6. The existence in a place accessible to children of any attractive
nuisance dangerous to children, including but not limited to any abandoned,
broken, or neglected equipment, machinery, refrigerator, freezer, or other large
appliance.
7. Dense smoke, noxious fumes, gas, and soot, or cinders, in
unreasonable quantities.
8. All snow and ice not removed from public sidewalks within a
reasonable time after the snow and ice have ceased to be deposited thereon.
9. All trees, hedges, billboards, fences, or other obstructions which
prevent persons from having a clear view of traffic approaching an intersection
from cross streets in sufficient time to bring a motor vehicle driven at a legal
speed to a full stop before the intersection is reached.
3 Declare Graffiti a Public Nuisance
10. Any use of property abutting on a public street or sidewalk or any
use of a public street or sidewalk which causes large crowds of people to gather,
obstructing traffic and the free use of the streets or sidewalks. This subsection
shall not apply to events, programs, or parades authorized by the city council.
11. Any poisonous or harmful substance which is reasonably accessible
to persons or to animals.
12. The keeping or harboring of any animal which by frequent or
habitual howling, yelping, barking, or the making of other noises, or the keeping
or harboring of any fowl which by frequent habitual crowing or the making of other
noises shall annoy or disturb a neighborhood or any considerable number of
persons.
13. Every building or unit within a building used for the purpose of
unlawfully manufacturing, delivering, selling, storing, or giving away any
controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in
Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter 69.52
RCW, and every building or unit within a building wherein or upon which such acts
take place.
14. Soils contaminated by dangerous waste, hazardous substances, or
hazardous wastes as those terms are defined in RCW 70.105.010.
15. The existence of graffiti on public property or on private property
where the graffiti is visible from any vantage point located on public property, a
railwav, or anv property open for business to the public. As used in this
subsection, "graffiti" shall mean any unauthorized inscription, word, figure,
picture, graphics, or design that is sprayed, painted, posted pasted, drawn, or
otherwise affixed to or upon any surface of public or private property. Signs
regulated by Chapter 15.06 KCC shall not constitute graffiti under this section.
SECTION 2. - Severabrllty, If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect,
4 Declare Graffiti a Public Nuisance
SECTION 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
ATTEST:
BRENDA JACOBER, CITVLERK
APPROVED AS TO FORM:
"("W"k r?uL �L'
TOM BRUBAKER, CITY ATTORNEY
PASSED: �_ day of August, 2007.
APPROVED: �_ day of August, 2007.
PUBLISHED: �� day of August, 2007.
KE, MAYOR
I hereby certify that this is a true copy of Ordinance No.39t/q passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
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(SEAL)
BRENDA JACOBER, TY CLERK
5 Declare Graffiti a Public Nuisance