HomeMy WebLinkAbout4440ORDINANCE NO. 4440
AN ORDINANCE of the City Council of the
City of Kent, Washington, addressing graffiti -related
crimes by amending Kent City Code section
9.02.660 related to the unlawful possession of
graffiti tools to incorporate housekeeping revisions,
and adopting new Kent City Code Sections 9.02.662
and 9.02.664, limiting the sale of aerosol paint
containers to persons over the age of 18 years,
requiring businesses to restrict public access to
aerosol paint containers, and requiring businesses to
post signs informing customers of the age
requirement to purchase aerosol paint containers.
RECITALS
A. Graffiti is becoming an increasing problem in Kent and adjacent'
cities, which causes community members significant costs in time and
materials to remove. Even when graffiti is removed, it returns shortly
thereafter. In 2021, the City's Public Works Department had 268 complaints
of graffiti to remove from public facilities.
B. It is often difficult for law enforcement to arrest graffiti
offenders because they commit their crimes at night, and if a community
member calls 911 to report graffiti in progress, the offender is often gone
by the time law enforcement can respond. Since 2008, the Kent Police
Department has taken 700 cases involving complaints of graffiti. Of those
cases, officers were only able to establish probable cause and arrest 14
individuals on those charges, seven of whom were juveniles.
1 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
C. In an effort to help curb graffiti, this ordinance will limit a
minor's access to aerosol paint containers by requiring businesses to verify
that any purchaser of an aerosol paint container is over 18 years of age.
Additionally, the ordinance will limit the general public's access to aerosol
paint containers by requiring employee assistance before access is obtained.
Considering the business practices that will be impacted by implementation
of this ordinance, enforcement of the provision limiting public access to
aerosol paint containers will not occur until April 5, 2023, which is at least
180 days after the date the ordinance takes effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.02.660. Section 9.02.660 of the
Kent City Code entitled "Possession of graffiti tools", is amended as follows:
Sec. 9.02.660. Possession of graffiti tools.
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 to
damaggif g, deface+rtg,
or destroying publie ei= pFivate property, and they possess the item under
circumstances evincing an intent to use or employ the item, or an intent to
allow the same to be used or employed by another, to damage, deface, or
destroy any public or private building or other structure or anv real or
personal property owned by any other person without the written
permission of the owner or operator of the property.' `" " "F
2 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
C. Deface+n-g as used in subsection (B) of this section shall include, but
not be limited to, the writing, painting, inscribing, drawing, scratching,
cutting, etching, or scribbling of any inscription figure or mark of any type
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 the sueh writing, painting, inscribing, drawing, scratching,
cutting, etching, or scribbling of such inscription, figure, or mark.
D. The unlawful possession of graffiti tools is a misdemeanor. In
addition any property owner whose property has been damaged by graffiti
may be entitled to seek the recovery of civil damages in accordance with
RCW 4 24 190 and RCW 4 24 330 as currently enacted or hereafter
amended.
SECTION 2. - Amendment - New KCC 9.02.662. Chapter 9.02 of the
Kent City Code, entitled "Criminal Code", is amended to add a new Section
9.02.662 entitled "Sale of aerosol paint container to minor prohibited —
Penalty," as follows:
Sec. 9.02.662. Sale of aerosol paint container to minor
prohibited- Penalty.
A. It is unlawful for any person, firm, business, or corporation to sell to
another person who is in fact under the age of 18 years, any aerosol
container of paint without first obtaining bona fide evidence of the person's
identity and age of majority.
3 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
B. For purposes of this section, "bona fide evidence of identity and age
of majority" is any document showing the age and identity of an individual
which has been issued by a federal, state, or local government entity and
includes without limitation a motor vehicle operator's license or an
identification card issued by the State Department of Licensing.
C. Every person who owns, conducts, operates, or manages a retail
commercial establishment selling aerosol paint containers shall post a sign
at each cash register or place where such aerosol paint containers are
displayed stating that such items will not be sold to anyone under 18 years
of age.
D. The sale of an aerosol container of paint to a minor in violation of this
section is punishable as a civil infraction as set forth in RCW 7.80.120, as
currently enacted or hereafter amended or recodified, as follows:
1. First violation - class 3 civil infraction;
2. Second violation - class 2 civil infraction; and
3. Third and subsequent violations - class 1 civil infraction.
SECTION 3. - Amendment - New KCC 9.02.664. Chapter 9.02 of the
Kent City Code, entitled "Criminal Code", is amended to add a new Section
9.02.664 entitled "Sale of aerosol paint containers —Restricted access
required," as follows:
Sec. 9.02.664. Sale of aerosol paint containers —Restricted
access required.
A. Restricted access required. Beginning April 5, 2023, it shall be
unlawful for any person who owns, conducts, operates, or manages a retail
commercial establishment where aerosol containers of paint are sold to
store or display, or cause to be stored or displayed, aerosol containers of
4 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
paint in an area that is accessible to the public without employee assistance
in the regular course of business pending legal sale or other disposition. By
way of example, compliance with this section may occur through placement
of aerosol containers of paint behind a service counter, within a locked
display case, or within such other areas where access is restricted to the
establishment's employees.
B. Visual displays allowed if possession restricted. Nothing herein shall
preclude the storage or display of aerosol paint containers in an area
viewable by the public so long as such items are not accessible to the public
without employee assistance.
C. Violations. Violations of this section shall be punished as a civil
infraction as set forth in RCW 7.80.120, as currently enacted or hereafter
amended or recodified, as follows:
1. First violation - class 3 civil infraction;
2. Second violation - class 2 civil infraction; and
3. Third and subsequent violations - class 1 civil infraction.
Additionally, compliance with and enforcement of the restrictions
provided for herein may be pursued through civil code enforcement efforts
as provided for under Chapter 1.04 KCC.
SECTION 4. - Adoptions by Reference. A true and correct copy of
RCWs 4.24.190 and 4.24.330, adopted and incorporated by reference in
Section 1 of this ordinance; and RCW 7.80.120, adopted and incorporated
by reference in Sections 2 and 3 of this ordinance; are attached as Exhibit
0
SECTIONS. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
5 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 6. - 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; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 7. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law.
September 6, 2022
DANA RALPH, mAyoA Date Approved
ATTEST:
' September 6, 2022
KIMBERLEY A OMOTO, CITY CLERK Date Adopted
APP ME'D AS TO FORM:
TAMRIY--WHITE, CITY ATTORNEY
September 9, 2022
Date Published
6 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
EXHIBIT A
RCW 4.24.190 Action against parent for willful injury to person
or property by minor —Monetary limitation —Common law liability
preserved. The parent or parents of any minor child under the age of
eighteen years who is living with the parent or parents and who shall
willfully or maliciously destroy or deface property, real or personal
or mixed, or who shall willfully and maliciously inflict personal
injury on another person, shall be liable to the owner of such
property or to the person injured in a civil action at law for damages
in an amount not to exceed five thousand dollars. This section shall
in no way limit the amount of recovery against the parent or parents
for their own common law negligence. [1996 c 35 § 2; 1992 c 205 §
116; 1977 ex.s. c 145 § 1; 1967 ex.s. c 46 § 1; 1961 c 99 § 1.1
Part headings not law---Severability-1992 c 205: See notes
following RCW 13.40.010.
RCW 4.24.330 Action for damages caused by criminal street gang
tagging and graffiti. (1) An adult or emancipated minor who commits
criminal street gang tagging and graffiti under RCW 9A.48.105 by
causing physical damage to the property of another is liable in
addition to actual damages, for a penalty to the owner in the amount
of the value of the damaged property not to exceed one thousand
dollars, plus an additional penalty of not less than one hundred
dollars nor more than two hundred dollars, plus all reasonable
attorneys' fees and court costs expended by the owner.
(2) A conviction for violation of RCW 9A.48.105 is not a
condition precedent to maintenance of a civil action authorized by
this section.
(3) An owner demanding payment of a penalty under subsection (1)
of this section shall give written notice to the person or persons
from whom the penalty is sought. [2008 c 276 § 307.1
Severability—Part headings, subheadings not law-2008 c 276: See
notes following RCW 36.28A.200.
7 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
RCW 7.80.120 Monetary penalties Restitution. (1) A person
found to have committed a civil infraction shall be assessed a
monetary penalty.
(a) The maximum penalty and the default amount for a class 1
civil infraction shall be $250, not including statutory assessments,
except for an infraction of state law involving (i) potentially
dangerous litter as specified in RCW 70A.200.060(4) or violent video
or computer games under RCW 9.91.180, in which case the maximum
penalty and default amount is $500; or (ii) a person's refusal to
submit to a test or tests pursuant to RCW 79A.60.040 and 79A.60.700,
in which case the maximum penalty and default amount is $1,000; or
(iii) the misrepresentation of service animals under RCW 49.60.214, in
which case the maximum penalty and default amount is $500; or (iv)
untraceable firearms pursuant to RCW 9.41.326 or unfinished frames or
receivers pursuant to RCW 9.41.327, in which case the maximum penalty
and default amount is $500;
(b) The maximum penalty and the default amount for a class 2
civil infraction shall be $125, not including statutory assessments;
(c) The maximum penalty and the default amount for a class 3
civil infraction shall be $50, not including statutory assessments;
and
(d) The maximum penalty and the default amount for a class 4
civil infraction shall be $25, not including statutory assessments.
(2) The supreme court shall prescribe by rule the conditions
under which local courts may exercise discretion in assessing fines
for civil infractions.
(3) Whenever a monetary penalty is imposed by a court under this
chapter it is immediately payable. If the person is unable to pay at
that time the court may grant an extension of the period in which the
penalty may be paid. If the penalty is not paid on or before the time
established for payment, the court may proceed to collect the penalty
in the same manner as other civil judgments and may notify the
prosecuting authority of the failure to pay.
(4) The court may also order a person found to have committed a
civil infraction to make restitution. [2022 c 105 § 1; 2021 c 65 § 8;
2018 c 176 § 5; 2013 c 276 § 3. Prior: 2003 c 365 § 3; 2003 c 337 § 4;
1997 c 159 § 2; 1987 c 456 § 20.1
Effective date-2022 c 105: "This act takes effect July 1, 2022."
(2022 c 105 § 9.1
Explanatory statement-2021 c 65: See note following RCW
53.54.030.
Declaration —Finding —Purpose —Effective date-2018 c 176: See
notes following RCW 49.60.215.
Findings-2003 c 365: See note following RCW 9.91.180.
Findings-2003 c 337: See note following RCW 70A.200.060.
8 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN962115
was published on September 9, 2022
The full amount of the fee charged for said foregoing publication is the
sum of $20.34 /
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 9"' day of September, 2022 .
Je Mfer'fribbett,, otary Public for the State of Washington, Residing in
rting, Washingon
K
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-TA R� -_
1j4N►O111,11t1��
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on September 6.
2022.
ORDINANCE NO, 4439
AN ORDINANCE of the
City Council of the City
of Kent, Washington. ap-
proving the consolidating
budget adjustments
made between April 1.
2022 and June 30. 2022.
reflecting an overall bud-
get increase of
516.463.769 This ordi-
nance shall take effect
and be in force five days
after publication. as pro-
vided by law.
ORDINANCE NO. 4440
- AN ORDINANCE of
the City Council of the
City of Kent. Washing-
ton addressing graffiti -
related crimes by
amending Kent City
Code section 9.02-660
related to the unlawful
possession of graffiti
tools to incorporate
housekeeping revisions.
and adopting new Kent
City Code Sections
9.02.662 and 9.02.664.
limiting the scale of aero-
sol paint containers to
persons over the age of
18 years, requiring busi-
nesses to restrict public
access to aerosol paint
containers. and requiring
businesses to post signs
Informing customers of
the age requirement to
purchase aerosol paint
containers. This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage as provided b;, law.
ORDINANCE NO. 4441
- AN ORDINANCE of
Page: 2
Proofed by Jennifer Tribbett, 08/30/2022 10:20:27 pm
Classified Proof
the City Council of the
City of Kent. Washing-
ton, amending Chapter
9,02 of the Kent City
Code to add a new Sec-
tion 9.02 645. entitled
"Solicitation of occu-
pants of vehicles on
public roadways". mak-
ing it unlawful for any
person to enter or re-
main on an arterial road-
way or a median with the
intent to conduct a solici-
tation of the occupant of
any vehicle traveling on
or stopped on the arteri-
al roadway. This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage as provided by law.
ORDINANCE NO.
4442- AN ORDINANCE
of the City Council of the
City of Kent. Washing-
ton', (1) amending sec-
tion 9.1220 of the Kent
City Code to make it ille-
gal to use dangerous
drugs in a public place:
(2) to revise a number of
other sections in Chap-
ter 9 12 of the Kent City
Code to make them con-
sistent with state law
and to incorporate revi-
sions required by State
v. Blake: and (3) to re-
peal Kent City Code sec-
tions 9.12.04, 9,12.08.
9.12.12. 9.12.16.
9.12.24. 9.12.28,
912.32. 9.12.36,
9.12.40. and- 9.12.48,
which prohibit conduct
regulated under other
laws and are therefore
no longer necessary.
This ordinance shall take
effect and be in force 30
days from and afteits
r
passage as provided by
law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Kkomoto^KentWA.gvv
253.856-5725
9962115
919122
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Page: 3