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3073 Graffiti Amend MLMC 8.16Page 1 of 2 ORDINANCE NO. 3073 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, REPEALING CHAPTER 8.16 OF THE MOSES LAKE MUNICIPAL CODE TITLED “GRAFFITI NUISANCE” AND AMENDING CHAPTER 8.14 TO ADD A NEW SECTION 8.14.090 TITLED “SALE OR GIFT OF GRAFFITI IMPLEMENTS” OF MOSES LAKE MUNICIPAL CODE. Recitals: 1. The City of Moses Lake City Council has reviewed the existing regulations regarding graffiti nuisances in the Moses Lake Municipal Code and desires to amend those regulations to eliminate duplicative enforcement provisions. 2. The City Council desires to repeal Chapter 8.16, titled “Graffiti Nuisance”, in its entirety and augment Chapter 8.14, titled “Nuisances” to include additional graffiti abatement regulations. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Chapter 8.16 titled ‘Graffiti Nuisance’ is hereby repealed in its entirety. Section 2. A new section, 8.14.090, titled “Sale or Gift of Graffiti Implements”, is added to Chapter 8.14, “Nuisances”, as follows: 8.14.090. Sale or Gift of Graffiti Implements. On a voluntary basis, the Moses Lake City Council requests and encourages all businesses within the City and all citizens to refrain from selling, offering to sell, causing to be sold, giving, or lending any graffiti implements as described above to any minor under the age of eighteen (18) years. Businesses are encouraged to require picture identification for all people who may be under the age of eighteen (18) years. All businesses who offer for sale graffiti implements are requested to voluntarily restrict access to those items from the public by either placing them behind a locked counter, cabinet or other storage facility so that access to them cannot be gained without their being unlocked by an authorized employee or other authorized representative of such business or by placing them in a location where they can be in constant, uninterrupted view of an authorized employee or other authorized representative of such business. Within one (1) year of the effective date of the ordinance codified in this chapter, the City Council shall review the effectiveness of this section and shall consider whether such provisions shall be made mandatory rather than voluntary. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such Document Ref: BENDM-SK9KA-8REBD-WWMDV Page 1 of 2 Page 2 of 2 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized by the Moses Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto which do not change the substantive meaning of the ordinance. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA on July 8, 2025. ________________________________________ Dustin Swartz, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Aye Aye Aye Aye Aye Aye Aye Date Published: July 14, 2025 Date Effective: July 19, 2025 Document Ref: BENDM-SK9KA-8REBD-WWMDV Page 2 of 2 REF. NUMBER BENDM-SK9KA-8REBD-WWMDV DOCUMENT COMPLETED BY ALL PARTIES ON 14 JUL 2025 23:07:57 UTC SIGNER TIMESTAMP SIGNATURE KATHERINE KENISON EMAIL KKENISON@BASINLAW.COM SENT 10 JUL 2025 17:54:04 UTC VIEWED 10 JUL 2025 19:12:09 UTC SIGNED 10 JUL 2025 19:12:28 UTC IP ADDRESS 74.209.9.35 LOCATION ELLENSBURG, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 10 JUL 2025 19:12:09 UTC MAYOR DUSTIN SWARTZ EMAIL DSWARTZ@CITYOFML.COM SHARED VIA LINK SENT 10 JUL 2025 17:54:04 UTC VIEWED 14 JUL 2025 21:34:04 UTC SIGNED14 JUL 2025 21:53:34 UTC IP ADDRESS 74.82.240.250 LOCATION MOSES LAKE, UNITED STATES Signed with PandaDoc PAGE 1 OF 2 REF. NUMBER BENDM-SK9KA-8REBD-WWMDV DOCUMENT COMPLETED BY ALL PARTIES ON 14 JUL 2025 23:07:57 UTC SIGNER TIMESTAMP SIGNATURE DEBBIE BURKE EMAIL DBURKE@CITYOFML.COM SENT 10 JUL 2025 17:54:04 UTC VIEWED 14 JUL 2025 19:39:11 UTC SIGNED 14 JUL 2025 23:07:57 UTC IP ADDRESS 63.135.54.162 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 14 JUL 2025 19:39:11 UTC Signed with PandaDoc PAGE 2 OF 2