Everett council approves new civil penalties for graffiti

EVERETT — Graffiti violators in Everett will face more stringent punishments after the City Council approved new civil penalties for graffiti tagging during a council meeting Wednesday.

People who tag buildings with graffiti in Everett already face potential criminal charges — that hasn’t changed. The new ordinance adds a civil penalty to graffiti violations on top of the city’s existing criminal code. That change will allow Everett police to issue fines against graffiti taggers when law enforcement doesn’t have enough evidence to meet the burden of proof necessary for a criminal case, Everett Police Department Captain Tim Morgan previously said.

Civil offenses require only a “preponderance of the evidence” to issue an infraction, whereas criminal cases require the state to prove guilt beyond a reasonable doubt. The new penalties will also provide diversion opportunities away from criminal charges when appropriate, Morgan said.

Penalties include a $250 fine per violation as well as restitution costs that go toward graffiti cleaning. Individuals who are unable to pay may be given community service instead, as long as that service goes toward graffiti removal, the ordinance reads.

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