(a) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
(1) “Minor” means any individual under the age of 18 years of age.
(2) “Graffiti” means any inscription, design, word figure or mark of any type drawn, marked, painted, tagged or written upon any building, bridge, fence, gate, rock, structure, tree wall or other property visible to the public which defaces, damages or destroys any public or private, real or personal property, without privilege to do so.
(3) “Graffiti implement” means any of the following which is possessed or is likely to be possessed for the purposes of creating graffiti:
A. “Spray paint”- any paint packaged in an aerosol container.
B. “Paint or painting implement” - Any paint or other coating material carried in any container, and which includes an application tool such as brush, sprayer, or other similar application implement.
C. “Indelible marker”- any felt-tipped marker or similar implement that contains a fluid which is not soluble in water and has a writing surface.
D. “Other implement”- Includes pencils, crayons, marking chalk or similar marking implements of a permanent or semi-permanent nature.
(b) Graffitism (Graffiti Prohibited). It shall be unlawful to deface, damage or destroy any public or private, real or personal property, without the privilege to do so, by drawing, marking, painting, tagging or writing any inscription, design, word, figure or mark of any type on any building, bridge, fence, gate, rock, structure, tree, wall or other property visible to the public.
(c) Prohibition on Graffiti Implements in Designated Public and Private Areas.
(1) It shall be unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility or other public building owned or operated by the city, or while in or within one hundred feet of any underpass, bridge, abutment, storm drain or similar types of infrastructure with the intent to violate subsection B hereof or unless otherwise authorized by the City of Kent.
(2) It shall be unlawful for any person to have in his or her possession any graffiti implement while in or upon any property of another without privilege to do so.
(d) Violations. In addition to any other punishment imposed, the court may, as a separate and independent penalty for such offence, order any person convicted of graffitism to make restitution by monetary payment for the loss or damage incurred, or restoration by physical labor to the property owner’s former condition.
(e) Penalties.
(1) Minors who have been apprehended as suspects of the offence of “graffitism” or of the offense of “possession of graffiti implements” shall be referred to the appropriate juvenile court authorities for prosecution, and not be offered participation in a diversion program in lieu of prosecution.
(2) Whoever violates or fails to comply with subsection (b) hereof is guilty of a third degree misdemeanor. If the offender has previously been convicted of or has pleaded guilty to one or more violations of subsection (b) hereof, the violation is a misdemeanor of the second degree. If the offender has previously been convicted of or has pleaded guilty to two or more violations of subsection (b) hereof, the violation is a misdemeanor of the first degree.
(3) Whoever violates or fails to comply with subsection (c) hereof is guilty of a minor misdemeanor. If the offender has previously been convicted of or has pleaded guilty to one or more violations of subsection (b) or (c) hereof, the violation is a misdemeanor of the fourth degree.
(Ord. 2001-26. Passed 3-21-01.)