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3 <br /> <br /> <br />H.L. I. “Property” means any real or personal property which is affixed, incidental or appurtenant to <br />real property, including, but not limited to, any structure, fence, wall, sign, or any separate part <br />thereof, whether permanent or not. <br /> <br />I.M. J. “Responsible public agency” means a public owner, the United States of America, the state of <br />Washington, or any other state, and all political subdivisions thereof, a federal, state, or local <br />department or agency, or the director or administrator of a federal, state, or local department <br />or agency who has authority over the public property’s maintenance or management. There <br />may be more than one responsible public agency for a particular public property. <br /> <br />J.N. K. “Responsible private party” means a private owner, an entity, a person acting as an agent for <br />a private owner by agreement, a person or entity who has authority over the private property, <br />or a person or entity responsible for the private property’s maintenance or management. <br />Irrespective of any arrangement to the contrary with any other party, each private owner shall <br />always be a responsible private party for the purposes of this chapter. There may be more than <br />one responsible private party for a particular private property. <br /> <br />K.O. L. “Unauthorized” means without the prior express permission or consent of a <br />responsible public agency or a responsible private party . <br /> <br />Section 2. A new section 10.62.055 .is added to the Everett Municipal Code as follows: <br /> <br /> 10.62.055 Civil Infraction against graffiti taggers <br /> <br />A. In addition to any other civil or criminal penalties or other remedies authorized by law <br />or equity, a graffiti tagger shall be subject to a civil infraction punishable by a fine of $250 per <br />illegal graffiti violation, and shall further be liable to the Responsible Public or Private Party for <br />restitution of costs incurred by the Responsible Public or Private Party, including but not limited <br />to all labor and materials costs of abating the illegal graffiti. <br />B. It is a complete defense that the graffiti tagger obtained the express permission of the <br />Responsible Public or Private Party prior to applying the graffiti. The graffiti tagger has the <br />burden of establishing this defense by a preponderance of evidence. <br />C. Restitution imposed pursuant to this Section 10.62.055 is payable immediately. On <br />motion of the graffiti tagger supported by a showing of financial hardship, the court may <br />convert some or all of the monetary penalty to community restitution pursuant to the <br />procedure established in RCW 7.80.130(2), provided that the community restitution is <br />performed for the purposes of graffiti abatement. Any penalties, restitution, and other costs <br />ordered pursuant to this Section 10.62.055 that go unpaid may be referred to a collection <br />agency, or the City Attorney may pursue collection in any other manner allowed by law. <br />