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Note: Chapter 8.120 is effective beginning 1999-12-20.
“Abate”
means to remove Graffiti by such means, in such a manner, and to such an extent, as the Director or the Hearing Examiner reasonably determines is necessary to remove the Graffiti from public view.
“Director”
means the Director of Public Works, or his or her designee.
“Graffiti”
means any unauthorized writing, painting, drawing, inscription, figure, or mark of any type that has been placed upon any property through the use of paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking property.
“Graffiti vandalism”
means the act of intentionally altering, marking, or defacing property through the use of Graffiti.
“Hearing examiner”
means the City of Tacoma Hearing Examiner and the office thereof, established pursuant to Tacoma Municipal Code (“TMC”) 1.23.
“Marker pen”
means a broad tip indelible marker with a tip exceeding four millimeters at its diameter.
“Owner”
means any entity or entities having a legal or equitable interest in real or personal property, including, but not limited to, the interest of a tenant or lessee.
“Premises open to the public”
means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them.
“Pressurized container”
means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property.
“Property”
means any real or personal property which is affixed, incidental, or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
“Unauthorized”
means without the prior express permission or consent of the owner of the property or of the person in control of the property.
(Ord. 26395 § 2, 1999-09-21; Ord. 27632 Ex. B, 2007-07-17)
Any Property located in the City that has graffiti on it is deemed a Public Nuisance as defined in TMC § 8.30.040 and is subject to the enforcement provisions in Chapter 8.30 TMC (Nuisance Code).
(Ord. 26395 § 2, 1999-09-21; Ord. 27632 Ex. B, 2007-07-17)
A. 
Unlawful to furnish to minor. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give, or in any way furnish to another person under the age of 18 years, any Pressurized Container or Marker Pen. It shall be a defense to a violation of this subsection, that the person, firm, or corporation which, sold, gave, or furnished any Pressurized Container or Marker Pen, did so after first obtaining bona fide evidence of majority and identity. For purposes of this subsection, “bona fide evidence of majority and identity” is any document evidencing the age and identity of an individual, which has been issued by a federal, state, or local governmental entity, and includes, but is not limited to:
1. 
A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the individual;
2. 
A Washington State identicard or an identification card issued by another state that contains the signature and a photograph of the individual;
3. 
An identification card issued by the United States, a state, or agency of either the United States or a state, of a kind commonly used to identify the members of employees of the government agency, that contains the signature, date of birth, and a photograph of the individual;
4. 
A military identification card that contains the signature, date of birth, and a photograph of the individual;
5. 
A United States passport that contains the signature, date of birth, and a photograph of the individual;
6. 
An immigration and naturalization service form that contains the signature, date of birth, and photograph of the individual; or
7. 
If the individual is a minor, an affidavit of the individual’s parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation, as specified in this subsection, along with additional documentation establishing the relationship between the parent or guardian and the applicant.
B. 
Unlawful for minor to purchase. It shall be unlawful for any person under the age of 18 years to purchase a Pressurized Container or Marker Pen.
C. 
Possession in posted area. It is unlawful for any person to carry on his or her person, or in plain view to the public, a Pressurized Container while in any posted public facility, park, playground, swimming pool, beach, or recreational area, other than a highway, street, alley, or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area. “Posted” means a sign placed in a reasonable location or locations providing notice that it is a misdemeanor to openly possess a Pressurized Container in such public facility, park, playground, swimming pool, beach, or recreational area without valid authorization.
D. 
Possession with intent. It is unlawful for any person to possess a Pressurized Container, Marker Pen, or any other object capable of defacing Property, for the purpose of committing Graffiti Vandalism.
E. 
Minor in possession. It is unlawful for any individual under the age of 18 years, who is not accompanied by a responsible adult, to possess a Pressurized Container or Marker Pen in or upon a public place or private Property, without the consent of the Owner, lessee, or other person entitled to legal possession thereof.
F. 
Graffiti vandalism. Graffiti Vandalism is unlawful.
G. 
Penalty. Violation of any of the provisions of Sections 8.120.030A through 8.120.030E is a misdemeanor, punishable by a fine not to exceed $1,000, or imprisonment not to exceed 90 days, or both such fine and imprisonment. Violation of Section 8.120.030F is a gross misdemeanor, punishable by a fine not to exceed $5,000, or imprisonment not to exceed one year, or both such fine and imprisonment. Violation of Section 8.120.030G is a Class 1 civil infraction, with a maximum penalty and default amount of $250, not including statutory assessments. Each day constitutes a separate violation of Section 8.120.030G.
(Ord. 26395 § 2, 1999-09-21; Ord. 27632 Ex. B, 2007-07-17)
Notwithstanding the remedies available under Chapter 8.30 TMC, whenever Graffiti exists upon the Property owned by a public agency, or a private Property Owner, the City may remove it with the consent of the public entity or private Property Owner owning such Property.
(Ord. 26395 § 2, 1999-09-21; Ord. 27632 Ex. B, 2007-07-17)
The provisions of this chapter are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this chapter, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.
(Ord. 26395 § 2, 1999-09-21; Ord. 27632 Ex. B, 2007-07-17)