HomeMy WebLinkAbout4005ORDINANCE NO. 1m5
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02
of the Kent City code, by adding a new section
9.02.193 entitled "Possession of Graffiti Tools,"
making 1t unlawful for any person to possess
graffiti tools within the city of Kent.
RECITALS
A. Graffiti is a serious problem that is often associated with gang
activity, signals an increase in crime, generates fear, is costly, lowers
property values, and is economically detrimental to the c1t1zens of the city
of Kent.
B. The crime of graffiti is growing within the city and the police
department needs additional tools to combat the ever increasing graff1t1
problems throughout the city.
C. To better meet the needs of the city, and to address specific
areas of criminal conduct regulation, it is appropriate to add the current
provisions dealing with possession of graff1t1 tools to the Kent City Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 Amend KCC 9.02
Possession of Graffiti Tools
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ORDINANCE
SECTIQN 1. -New Section. Section 9.02.193, entitled "Possession
of Graff1t1 Tools/' 1s added to the Kent City Code as follows:
A. It shall be unlawful for any person to possess graffiti tools.
B. A person possesses graffiti tools when they possess any paint,
marking pen, glass-cutting tool, glass-etching tool, materials, instruments,
or any other item adapted, designed or commonly used for committing or
facilitating the commission of an offense involving damaging, defacing, or
destroying public or private property, and they possess the item under
circumstances evincing an intent to use or employ, or allow the same to
be used or employed, in the commission of such an offense, or under
circumstances evincing an intent that some other person will use or
employ the thing possessed m the commission of such offense.
C. "Defacing" as used m subsection (B) of this section shall include,
but not be limited to, the writing, painting, inscribing, drawing,
scratching, cutting, etching or scribbling upon any wall or surface
owned, operated or maintained by any property owner or the city unless
the city or the property owner grants written permission for such
writing, painting, inscribing, drawing, scratching, cutting, etching or
scribbling.
D. The unlawful possession of graffiti tools is a misdemeanor.
SECTION 2. -Severabilitv. If any one or more section, subsection,
or sentence of this ordinance 1s held to be unconstitutional or invalid, such
dec1s1on shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
2 Amend KCC 9.02
Possession of Graffiti Tools
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SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, regulations; or ordinance numbering and section/subsection
numbering.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after rts passage as provided by law.
ATTEST:
APPROVED AS TO FORM:
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Ti~AKER, CITY AlTORNEY
PASSED: I~ day of a~ / 2011.
APPROVED: L~ day of Oc:l--o-~ , 2011.
PUBLISHED: dl day of &t:b-1-uv , 2011.
I hereby certify that this is a true copy of Ordinance No. /foo5
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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Possession of Graffiti Tools
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