Council adopts downtown chalking cleanup ordinance, city to require removal by sundown

The Walla Walla City Council unanimously adopted an ordinance on Feb. 12 that requires individuals who place chalk messages on sidewalks in the city's downtown core to remove those markings by sundown the same day, or by the following sundown if the chalking occurred after dark.

City attorney staff told council that courts have consistently held that sidewalk chalking is constitutionally protected speech, so the city cannot regulate content. The ordinance is therefore written as content-neutral regulation focused on maintenance and cleanup: it preserves the right to chalk while requiring the person who applied the chalk to remove it within the time window.

Why it matters: City staff and business owners said downtown has seen repeated, persistent chalking that imposes cleanup costs on businesses and volunteers and harms downtown appearance and tourism. Supporters of the ordinance said it will restore downtown conditions without restricting message content. Opponents warned enforcement questions and raised First Amendment concerns.

Key provisions: The ordinance applies to the downtown core (map defined by staff). It requires clean-up by sundown on the day of application; chalk applied after dark must be removed by sundown the following day. Violations carry an infraction fine schedule (the ordinance sets fines; the council's staff report explains fees and enforcement procedures). City staff said enforcement will begin with education and voluntary compliance and escalate to infractions when warranted. The police chief said enforcement will rely on documentation (photos, timestamps, camera video) and that officers and code-enforcement staff can issue citations for repeated or intentional violations.

Public comment during the hearing was mixed. Business owners and volunteers who have cleaned downtown urged adoption and said community members had spent significant volunteer time removing chalk. Several residents said First Amendment protections are important but supported a content-neutral cleanup requirement. Others warned the ordinance could be applied unevenly or used against particular speakers; councilmembers replied the measure is written to apply to all messages and all users equally.

Council members debated enforcement details and geographic scope; staff said the ordinance is targeted at the downtown core where the city has documented repeated, persistent incidents and is tied to economic and civic interests in the downtown revitalization effort.

Outcome and next steps: The ordinance passed unanimously. Staff and the police department said they will emphasize education during an initial rollout and develop reporting and evidence procedures to support enforcement. The city clerk will publish the downtown boundary map used for enforcement and the city will field complaints and photograph evidence to support any required infractions.

Votes and outcome: Council passed the ordinance unanimously.