9.28.020 Malicious mischief.
A. A person is guilty of malicious mischief if:
1. He knowingly and maliciously causes physical damage to the property of another in an amount not exceeding $750.00; or
2. Affixes “graffiti,” as defined in LMC 14.40.020, to any surface of public or private property.
B. For the purposes of this section, “physical damage,” in addition to its ordinary meaning, shall include:
1. Alteration, damage or erasure of records, information, data or computer programs which are electronically recorded for use in computers; and
2. Removal, alteration or defacing of any street sign, legal notice, official bulletin, poster or advertisement without lawful authority or consent of the owner; and
3. Cutting, altering, changing, removing, disconnecting or connecting with any wire, main, pipe, stopcock, meter, hydrant, valve, pump, conduit or cable without lawful authority; and
4. Posting or attaching any bills, handbills, posters or placards upon any post, fence, tree, building or other structure without lawful authority or consent of the owner.
C. Restitution--Community Service.
1. The court may order any violator under this chapter to make restitution to the victim for damages or loss caused by the violator’s offense in the amount or manner determined by the court. For purposes of this section, if the city uses its funds and/or other resources to remove graffiti from city-owned property or, in agreement with the owner, from non-city-owned property, the city shall be considered a victim for purposes of restitution.
2. In lieu of, or as part of, the penalties specified in this chapter, a violator may be required to perform community service as described by the court. Reasonable effort shall be made to assign the violator to a type of community service that is reasonably expected to have the most rehabilitative effect on the violator, such as community service that involves graffiti removal.
D. Use of Public Funds for Graffiti Removal. Whenever the city becomes aware of or is notified and determines that graffiti is located on publicly or privately owned property visible from premises open to the public, the city is authorized to use public funds for the removal of graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless it is determined in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area. All aspects of graffiti removal are at the discretion of the city including, but not limited to, the method of and material used for repair.
E. Possession of Spray Paint in a Public Area.
1. It shall be unlawful for any person under twenty-one years of age to possess spray paint while in or upon any public facility, park, playground, swimming area, recreation facility, or other public building or structure owned or operated by the city of Lacey without prior authorization from a representative of the city of Lacey.
2. Possession of spray paint in a public area is a misdemeanor.
F. Malicious mischief is a gross misdemeanor. (Ord. 1421 §1, 2013; Ord. 1335 §6, 2009; Ord. 1076 §9, 1998; Ord. 499 §2 (part), 1978).