CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to a new civil cause of action against graffiti taggers for illegal graffiti on public and private property and requiring restitution; adding a new Section 10.07.055 to the Seattle Municipal Code; and amending Section 10.07.010 of the Seattle Municipal Code.
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WHEREAS, illegal graffiti on public and private property is a significant public nuisance that costs public and private property owners in Seattle millions of dollars per year to abate; and
WHEREAS, the proliferation of illegal graffiti across Seattle has caused substantial public blight that detracts from the natural beauty and character of Seattle; and
WHEREAS, in 2024, illegal graffiti was reported at 29,946 City-owned properties, including traffic signs, traffic control stations, parking pay stations, libraries, parks, and public utility facilities; and
WHEREAS, in 2024, the City spent approximately $5.9 million on the abatement of illegal graffiti from public property, after spending approximately $6.3 million in 2023; and
WHEREAS, in 2024, there were a total of 28,816 reports of illegal graffiti sent to the Find-It, Fix-It app, and other sources; the most significant number of reports of illegal graffiti were in Council District 7 (7,611); followed by 6,463 in Council District 1; 5,210 in Council District 3; 2,769 in Council District 2; 2,721 in Council District 6; 2,625 in Council District 4; and 1,391 in Council District 5; and
WHEREAS, in 2024, 1,845 incidents of illegal graffiti were reported at Port of Seattle, King County Metro, Sound Transit, and Washington State Department of Transportation sites within Seattle; and
WHEREAS, Washington law has long recognized the authority of municipalities to abate public nuisances through civil actions; and
WHEREAS, establishing an appropriate civil cause of action in the Seattle Municipal Code will allow the City Attorney to bring these civil actions in the Seattle Municipal Court; and
WHEREAS, the intent of authorizing these civil actions is to discourage future illegal graffiti and renumerate the City for the substantial costs of abatement; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 10.07.010 of the Seattle Municipal Code, enacted by Ordinance 118082, is amended as follows:
10.07.010 Definitions
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E. “Graffiti tagger” means any person or entity who applies illegal graffiti to public or private property, or who assists or encourages another person or entity to do the same.
F. “Graffiti violation” means a single piece of graffiti, including but not limited to a graffiti tagger name or design, in a single location.
((E.)) G. "Hearing Examiner" means The City of Seattle Hearing Examiner and the office thereof established pursuant to Seattle Municipal Code((,)) Chapter 3.02.
((F.)) H. "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.
((G.)) I. "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.
((H.)) J. "Property" means any real or personal property and that 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.
((I.)) K. "Responsible party" means an owner, or an entity or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a responsible party for the purposes of this ((chapter)) Chapter 10.07. There may be more than one responsible party for a particular property.
((J.)) L. "Unauthorized" means without the consent of a responsible party.
Section 2. A new Section 10.07.055 is added to the Seattle Municipal Code as follows:
10.07.055 Civil actions against graffiti taggers
A. In addition to any other civil or criminal penalties or other remedies authorized by law or equity, a graffiti tagger shall be subject to a civil penalty of up to $1,000 per illegal graffiti violation, and shall further be liable to the City for restitution of costs incurred by the City, including but not limited to all labor and materials costs of removing the illegal graffiti.
B. In cases involving graffiti on private property, it is a complete defense that the graffiti tagger obtained the express permission of the property owner prior to applying the graffiti. The graffiti tagger has the burden of establishing this defense.
C. The City Attorney is authorized to enforce this Section 10.07.055 through a civil action commenced in the Seattle Municipal Court within three years of the graffiti violation. The City has the burden of proving by a preponderance of the evidence that a graffiti violation was committed.
D. Monetary penalties and restitution imposed pursuant to this Section 10.07.055 are payable immediately. On motion of the graffiti tagger supported by a showing of financial hardship, the court may convert some or all of the monetary penalty to community restitution pursuant to the procedure established in RCW 7.80.130(2), provided that the community restitution is performed for the purposes of graffiti abatement. Any penalties, restitution, and other costs ordered pursuant to this Section 10.07.055 that go unpaid may be referred to a collection agency, or the City Attorney may pursue collection in any other manner allowed by law.
Section 3. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of its application to any person or circumstance, does not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.
Section 4. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.
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President ____________ of the City Council
Approved / returned unsigned / vetoed this ____day of _______________, 2025.
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
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Scheereen Dedman, City Clerk
(Seal)