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August 20, 2025 <br /> <br />5 <br /> <br />B. It is a complete defense that the graffiti tagger obtained the express permission of the <br />responsible public agency or responsible private party prior to applying the graffiti. The graffiti <br />tagger has the 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 or other extenuating <br />circumstances, the court may convert some or all of the monetary penalty to community <br />restitution pursuant to the procedure established in RCW 7.80.130(2), provided that the <br />community restitution is performed for the purposes of graffiti abatement. Any penalties, <br />restitution, and other costs ordered pursuant to this Section 10.62.055 that go unpaid may be <br />referred to a collection agency, or the City Attorney may pursue collection in any other manner <br />allowed by law. <br /> <br />D. Responsibility for Juveniles. Any parent or legal guardian of a juvenile age sixteen or <br />seventeen who is found to have committed a violation of paragraph (A) of this section is liable <br />for any restitution imposed under paragraph (C) of this section, except community restitution <br /> <br />Discussion ensued with Lacey Offutt answering Council questions. <br /> <br />Roll was called with all council members voting yes, except Council Member Bader who was <br />excused. <br /> <br />Motion carried. <br /> <br /> <br /> <br />The Deputy City Clerk was directed to call roll for the final disposition of the ordinance, as <br />amended. <br /> <br />AYES: Rhyne, Vogeli, Fosse, Tuohy, Zarlingo, Schwab <br /> NAYES: None <br /> ABSENT: Bader <br /> <br /> Ordinance 4106-25 adopted. <br /> <br /> <br /> <br /> <br />EXECUTIVE SESSION <br /> <br />Council recessed to the Executive Session at 7:46 p.m. The Executive Session began at 7:48 p.m. <br />and ended at 7:58 p.m. Council reconvened at 7:58 p.m.