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Subjects › Public Safety › Graffiti Control and Regulation
Updated 04/2012

Graffiti Control and Regulation

Contents

Introduction

Graffiti on public and private property continues to be a problem in many jurisdictions. This page contains information on strategies for controlling and/or regulating graffiti and includes sample ordinances and links to graffiti-related websites. Sample ordinance provisions include those that prohibit the sale and possession of aerosol paint and markers to minors and those that require removal of graffiti within a specified time period. The latter may include removal by the perpetrator if known, or the property owner. Some of the provisions provide detailed notice and hearing procedures.

Statutes

  • RCW 9A.48.090 - Malicious mischief in the third degree - Makes acts of graffiti malicious mischief in the third degree.
  • RCW 9A.48.105 - Criminal street gang tagging and graffiti
  • RCW 4.24.190 - Action against parent for willful injury to person or property by minor - Monetary limitation - Common law liability preserved. - Imposes financial responsibility on the parents of minors involved in acts of graffiti in some circumstances.
  • Laws of 2008, ch. 276 (ESSHB 2712) - Criminal Street Gangs - Contains criminal street gang tagging and graffiti provisions (RCW 9A.48.105), and an appropriation to WASPC for grants to local communities for short-term strategies in enforcement and graffiti abatement

Programs and Ordinance Provisions

  • Battle Ground Police Department Graffiti Abatement Program ()
  • Burien Graffiti Removal
    • Burien Municipal Code Ch. 8.55 - Graffiti Removal - Prohibits graffiti; provides 5 days to remove graffiti after notice
  • Burlington
    • Burlington Municipal Code Sec. 8.12.020(R) - Types of Nuisances - Graffiti
    • Burlington Municipal Code Sec. 8.12.055 - Graffiti Removal Fund and Graffiti Removal - Fund created from donations or fines levied for violations; requires removal of graffiti within 10 days after notice; provides detailed enforcement procedures
  • Edmonds Municipal Code Ch. 5.62 - Graffiti - Prohibits possession of any graffiti implement, with intent to damage property; declares the presence of graffiti a nuisance and requires removal; creates an anti-graffiti trust fund
  • Everett Municipal Code Ch. 10.62 - Graffiti - Provides civil infraction, requires removal within 48 hours, provides detailed abatement procedures, and includes provision that a violator may be required to perform community service
  • Fife Graffiti Solutions
  • Kent Graffiti Removal in the City of Kent
  • Kirkland Public Works Anti-Graffiti Program
  • Marysville Municipal Code Ch. 6.25 - Graffiti Nuisance - Includes prohibition on sale or gift of aerosol paint and indelible markers; presence of graffiti is civil infraction ($25/day); requires removal 48 hours after notice; provides notice and abatement procedures; and provides for rewards
  • Monroe Municipal Code Ch. 9.22- Graffiti - Prohibits possession of graffiti implements near schools by minors; prohibits possession of graffiti implements in public places; prohibits furnishing any aerosol paint container, broad-tipped marker, or paint stick to a minor; regulates display and storage of graffiti implements and requires signage; requires graffiti to be removed within 20 days after notice
  • Pasco Graffiti Abatement Program
  • Seattle Graffiti Prevention & Removal - Seattle Public Utilities
  • Sequim Ordinance No. 2007-015 (Adobe Acrobat Document) - Relating to graffiti and nuisances; requires removal of graffiti within 10 days after notice, provides abatement procedure including language for notice to remove graffiti, authorizes city to pay reward, passed 07/2007
  • Snohomish Municipal Code Ch. 9.96 (Adobe Acrobat Document) - Graffiti Nuisance - Requires removal of graffiti within 48 hours, details abatement procedures, provides for reward
  • Snohomish County Keeping Our Community Clean: Eliminating Graffiti
  • Tacoma Graffiti Removal & Resource Tip Sheet
    • Tacoma Municipal Code Ch. 8.120 (Adobe Acrobat Document) - Graffiti (Scroll bookmarks to chapter) - Includes prohibition on furnishing pressurized container or marker pen to a minor, and purchase by minor; prohibits possession in posted areas
  • Toppenish Municipal Code Ch. 9.84 - Sale of Aerosol Containers of Paint to Minors - Includes provisions prohibiting possession of aerosol containers of paint by minors in public place
  • Yakima Graffiti Removal Program
    • Talking Cameras Surprise Taggers, by Melissa Sanchez, Yakima Herald-Republic - Tri-City Herald, 08/29/2009
    • Yakima Municipal Code Ch. 6.50 - Graffiti - Provides any establishment selling aerosol paint, broad tipped markers, paint sticks or graffiti sticks to have a sign stating that graffiti is against the law; requires perpetrator to remove graffiti within 72 hours after notice; provides for restitution and community service; details notice procedures
  • Zillah Municipal Code Ch. 8.36 - Graffiti Control - Gives property owner 15 days after receipt of a notice to abate graffiti

Additional References

  • Fighting Graffiti Crime (Adobe Acrobat Document), by Commander Mike Clark, Clark County Sheriff, Seniors and Law Enforcement Together S.A.LT., 08/2008
  • Graffiti (), by Deborah L. Weisel, Guide No. 9, Problem-Oriented Guides for Police, Problem-Specific Guides Series, U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), 2009 - This guide presents recommendations for effective responses to the problem of graffiti (the wide range of markings, etchings, and paintings that deface public or private property)
  • Graffiti Hurts, Keep America Beautiful
  • SB 5987 Legislative Work Group on Gang-Related Crime (Adobe Acrobat Document), Final Report: Recommendations to the Legislature on possible strategies to address gangs and gang-related violence, Association of Washington Cities, 12/11/2007 - See recommendations related to graffiti issues