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Published: Monday, June 9, 2008

Everett stiffens penalties for graffiti vandals

The city has stiffened penalties and made it easier to prosecute those who leave their mark.

  • Everett made it easier to prosecute vandals for graffiti like this seen along Rucker Avenue in Everett.

    Justin Best / Herald file photo

    Everett made it easier to prosecute vandals for graffiti like this seen along Rucker Avenue in Everett.

EVERETT -- A tough new ordinance in Everett closes a loophole that made it difficult for the city to prosecute graffiti vandals.

Police officers can now cite people in possession of aerosol paint cans and other tools that can be used for graffiti, if the city can prove suspects were intent on defacing property.

Previous rules made it difficult to file graffiti charges without a witness.

The new ordinance also stiffens punishment by making all graffiti crimes gross misdemeanors, punishable by up to a year in jail and or a fine of $5,000.

It mirrors state laws against possessing tools for stealing cars. Graffiti tools include spray-paint cans, markers and etching tools, as well as scrapbooks or drawings illustrating graffiti marks or signs.

City Council President Drew Nielsen said research supports the notion that if left to linger, graffiti can invite other problems.

On the flip side, rapid removal is thought to discourage vandals.

"If an area appears to be neglected, crime goes up and graffiti tends to play a role in that," he said.

In its most benign form, graffiti is simply vandalism, but it can also signal more menacing behavior such as gang members marking turf for drug sales.

Earlier this year, Mayor Ray Stephanson announced plans for a free graffiti-removal program to help victimized homeowners clean up their properties.

This new ordinance also allows the city to use tax dollars to help homeowners remove graffiti from their properties. The details on that program are still being worked out. Initially, the program would be funded by $50,000 and focus only on residential properties. It could eventually extend to commercial and industrial properties.

Painters contracted with the city will be available to cover graffiti starting Sept. 1, according to the city's spokeswoman.

Councilwoman Brenda Stonecipher is the chairwoman of the council's public safety committee.

She said the city deliberately shaped its anti-graffiti policies to be reasonable and to not punish graffiti victims.

"It's hard to penalize property owners, because they're a victim already," Stonecipher said.

In March, Snohomish County approved a similar program that directs county public works staffers to help paint over graffiti for people who are unable to do the work themselves or who cannot afford to have it done. Everett's ordinance would apply to everyone, including absentee landlords.

It's hard to say how popular the program will be, Stonecipher said.

City Councilman Shannon Affholter, who came to the council as a north Everett crime watch organizer, said graffiti eyesores are irritating residents from alleyways in the Delta neighborhood to walls around the newly widened Bothell-Everett highway skirting Silver Lake.

"Graffiti and tagging is a tremendous concern throughout the community," Affholter said.

Herald writer David Chircop: 425-339-3429 or dchircop@heraldnet.com.

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