Ordinance 3074-08 - Laserfiche WebLink

Section 3: Ordinance No. 1145-85 (Title 10 EMC) is amended by the addition of the following section: Unlawful possession of graffiti implements or paraphernalia- Exceptions. A. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia, in a manner or under circumstances demonstrating his or her intent to paint, spray, chalk, draw, etch, or otherwise apply graffiti, while: 1. In a public place, or private property without the prior written consent of the responsible private party; or 2. On any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property; or 3. While in or upon premises open to the public, or while in or upon any public facility, playground, recreational facility, or other public building or structure owned or operated by the city or while in or within fifty feet of an underpass, bridge, overpass, pedestrian crossing, bridge abutment, storm drain, retaining wall, transit shelter, or similar types of infrastructure unless otherwise authorized by the city or responsible public agency. B. Exceptions. 1. The proscriptions of Subsection A2 of this Section shall not apply to the possession of broad-tipped markers or other implements by a student attending and actively enrolled in a class which formally requires use of such markers or implements, while the student is attending class or traveling to or from the school at which the class is being attended. The burden of proof in any prosecution for violation of Subsection B of this Section shall be upon the student to establish the need to possess a broad- tipped marker or other implement. 2. The proscriptions of Subsection A2 of this Section shall not apply to an authorized school employee, volunteer, contractor, or parent of a student attending class at the school. 3. The proscriptions of Subsection A3 of this Section shall not apply to an authorized City employee of the City of Everett or agents thereof, or its contractors or employees of other government agencies working with the City of Everett. C. Any person who violates the provisions of this section shall be guilty of a gross misdemeanor and may be punished by a fine of not more than five thousand dollars or by imprisonment not to exceed three hundred and sixty-five days or by both such fine and imprisonment. Section 5: Ordinance No. 1145-85 (Title 10 EMC) is amended by the addition of the following section: Restitution—community service. A. In addition to any punishment specified in this Ordinance, the court may order any violator to make restitution to the victim for damages or loss caused by the violator's offense in the amount or manner determined by the court. For purposes of this Section, if the City uses its funds and/or other resources to remove graffiti from City-owned property or, in agreement with the owner, from non-City owned property, the City shall be considered a victim for purposes of restitution.