HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 03/12/2013 Public Safety Committee Agenda
T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair
(CEN
wa�,an�.n
March 12, 2013
5:30 p.m.
Item Description Action Speaker(s) Time Paqe
1. Approval of February 12, 2013 Minutes Yes Bill Boyce 5 min 1
2. Ordinance Amending KCC 9.02.230 Yes David Galazin 10 min 9
3. Photo Traffic Enforcement in School Zones No Sergeant 5 min 21
INFORMATION ONLY Robert Constant
4. Jail Updates No Diane McCuistion 10 min 25
INFORMATION ONLY Jon Straus
Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Kim Komoto (253) 856-5788.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
February 12, 2013
COMMITTEE MEMBERS. Les Thomas, Dana Ralph, and William Boyce, Chair. The meeting
was called to order by Council Chair William Boyce at 4:33 p.m.
Changes to the Agenda
New item #4 added to the agenda Washington Traffic Safety Equipment Grant.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to
approve the January 8, 2013 minutes. Motion PASSED 3-0.
2. Washington Auto Theft Prevention Authority Grant
Debra Leroy with the Kent Police Department presented information regarding the Patrol Auto
Theft Prevention Task Force grant from Washington Auto Theft Prevention Authority in the
amount $15,500 which supplements current grants. The funds will be used to purchase
additional investigative equipment and to pay for public outreach messages on how to prevent
auto thefts. Videos will be run at the Kent Station AMC Theater among others.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend that Council accept the Washington Auto Theft Prevention
authority Grant in an amount of $15,500, authorize amending the budget and
authorize expenditure of the funds in accordance with the grant terms acceptable to
the police chief and city attorney. Motion PASSED 3-0.
3. Washington Transportation Safety Committee DUI Media Buys - Grant
Debra Leroy with the Kent Police Department presented information regarding the Washington
Traffic Safety Commission Grant received for Driving under the Influence Media Grant in the
amount of $5,000. Grant funds will be used to purchase public outreach messages to Target
Zero and Traffic Enforcement emphasis activities taking place this summer.
Sara Wood, the Target Zero manager will work with a steering committee to prepare the
messages.
Councilmember Ralph asked what type of media will be prepared. Debra Leroy indicated that
there are no limitations on the type of media, but in the past they have purchased television and
radio advertisements.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph
SECONDED a Motion to recommend the Council accept the Washington Traffic Safety
Commission DUI Media Grant in an amount of $5,000, authorize amending the budget
and authorize expenditure of the funds in accordance with the grant terms acceptable
to the police chief and city attorney. The Motion PASSED 3-0.
4. Washington Traffic Safety Equipment - Grant
Debra Leroy with the Kent Police Department presented information regarding the Washington
Traffic Safety Equipment grant received by the police department from the Washington
Association of Sheriffs and Police Chiefs. The police department applies for this grant every year
which supplements the traffic unit's equipment. The $7,930 will purchase lidar, radar, and
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Sector scanners and printers. Sector is the State's automated system for collecting data on
collisions and citations which allows the officers to work more efficiently in the field.
Councilmember Ralph asked how many traffic cars are equipped with the Sector equipment.
Sergeant Constant advised that all traffic vehicles are currently equipped and they are currently
in the process of equipping motorcycles.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend the Council accept the Washington Association of Sheriffs and
Police Chiefs Traffic Safety Equipment Grant in an amount of $7,930, authorize
amending the budget and authorize expenditure of the funds in accordance with the
grant terms acceptable to the police chief and city attorney. The Motion PASSED 3-0.
S. Ordinance amending KCC 5.01.020 of the Business License Chapter
Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending
KCC 5.01.020 of the Kent City Code, entitled "Business Licensing." The City recently went
through business licensing ordinance reform and needed to clean up the Kent City Code relating
to the STAR program to fit into business licensing. A lot of the STAR program provisions are
now located in the business licensing code.
During the business licensing code reform process, discrepancies were found in the business
licensing code and rental housing code. Business licensing code called for a business license for
three units or more, but we have always required a license for two or more units.
This ordinance defines rental properties as rental housing facilities of two or more dwelling units.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend adoption of the ordinance amending Section 5.01.020 of the
Kent City Code, entitled, "Definitions," to make the definition of "business" consistent
with the definition of "rental property" in Chapter 5.14. The Motion PASSED 3-0.
6. Ordinance amending KCC 5.14, entitled "Rental Housing Safety."
Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending
5.14 of the Kent City Code, entitled "Rental Housing Safety." This program was developed a
number of years ago to help the city influence the safety of rental housing by creating a system
that penalizes property owners who stand idle when crime repetitively occurs on their property.
Additionally, if they maintain a nuisance on their property, they pay an additional fee when
renewing their business licensing fee._ Finally, if they have_a nuisance, an_d_the city goes through
the legal process to get rid of the nuisance and the business does not get rid of the nuisance,
they are not permitted to renew their business license.
In conjunction with the Rental Housing Safety, the city created the STAR program that creates
an incentive for property owners to deal with conduct and tenants on their property. If they are
a STAR member, they don't' pay business license fee. If criminal activity repetitively occurs on
their property and they are trying to deal with it, STAR members are not penalized for it.
There are two aspects to program: A Crime-free housing addendum is required to be attached
to every lease that they enter with tenants. This has been a very successful tool that property
owners appreciate. Additionally the program requires background checks for people working on
the property.
There are currently three tiers to STAR program. This ordinance will simplify the program so
that you are a STAR member or you are not. This will help police staff administer the program.
Public Safety Committee Minutes
February 12, 2013 2
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After deliberating, Councilmember Thomas MOVED and Councilmember Ralph
SECONDED a Motion to recommend adoption of the ordinance amending Chapter 5.14
of the Kent City Code, entitled, "Rental Housing Safety" to simplify the STAR program,
and to clarify that the business license requirements and fees set forth in Chapter 5.01
KCC apply to rental properties. The Motion PASSED 3-0.
7. Ordinance amending KCC 9.02.190 — Disorderly Conduct
Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending
KCC 9.02.190, entitled "Disorderly Conduct." The police department requested this revision.
The current code indicates that if you engage in conduct that blocks traffic, you can be charged
with a crime. Kent's code was created years ago with a provision unique to our city. Disorderly
Conduct is a crime, but if you are engaged in a constitutionally-permitted behavior, it is not a
crime, i.e., striking and protesting. Pat Fitzpatrick believes that protestors/picketers are starting
to use that provision of the code to refuse to negotiate an amicable resolution to their issue.
Recently, labor strikers blocked businesses where traffic backs into roadway making drivers
angry. Police try to negotiate. Protestors are using this to say "it's my constitutional right" and
it's trumping the police officer's duty to create a safe environment.
This amendment creates a balance so that we consider constitutional rights, but also allow for
what is primary to the police officers on scene - to create a safe environment.
The current amendment will create a balance - if you want to assert your constitutional right,
then get a court order. During a recent strike at Davis Wire, Pat Fitzpatrick spent hours and
hours with the property owner and Teamster's to try to come to a resolution. They would not
budge and told us to take them to court to get them out of the roadway. They were referencing
our code section as the basis prohibiting the city from taking action.
This code amendment will put the responsibility on the businesses and strikers to obtain a court
order that states their constitutional right trumps the city's duty to protect the public. These
code amendments will promote the free flow of traffic on public streets and sidewalks, and in
protecting the property rights of citizens.
Councilmember Ralph wanted clarification regarding the process of standing for a minute and
then moving on. Pat Fitzpatrick indicated that a business took Teamsters to court to try to get
Teamsters from blocking their driveway. The city was not involved. There was some type of
agreement that the strikers would have two minutes to block the driveway. It did not take into
consideration the safety issue._ There-has now been an assumption in the protesting community
that they have the right to sit for two minutes. The Davis Wire issue was on an off street where
there was very little traffic. The current protest is on Washington Ave and people don't
understand the two minute rule and the drivers are impatient.
The Kent Police Department is very well informed on striker's rights, but they do not have any
ability to negotiate a safe resolution with the current provisions of the code.
Councilmember Thomas voiced concerns over requiring a court order when there is a
constitutional right. Pat Fitzpatrick advised that the resolution is that the police officer would
arrive on scene, suggest that we understand they are picketing and there is a right to free
speech and certain labor rights, and we don't want your rights to be trampled on, let's be
reasonable. Walk across and get out of the way to let this five ton truck through and then when
they get through, walk back across, your message has been sent. Even though officers try to
negotiate a resolution, they are told "NO" look at your code.
Public Safety Committee Minutes
February 12, 2013 3
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Councilmember Ralph indicated that we need to clarify that the intent of this amendment is not
to prevent protest. The intent of this amendment is not to provide the police department with a
tool to stop that from happening. Pat Fitzpatrick confirmed that there is no interest in
preventing protest. The purpose is to be in a better position to negotiate a safer resolution.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend adoption of the ordinance amending Chapter 9.02.190 of the
Kent City Code, entitled, "Disorderly Conduct." The Motion PASSED 3-0.
S. Ordinance amending KCC 9.02.200, "Public Disturbance."
Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending
Section 9.02.200 of the Kent City Code, entitled, "Public Disturbance," in light of recent case
law. This ordinance is a noise ordinance; honking horns, screaming late at night. A recent
Court of Appeals case indicated that our code needs to change. The court ruled that is was
unconstitutional to cite a woman for honking her horn, unless she was honking it in a way that
unreasonably disrupts people.
Our code qualified every act of disorderly conduct as "unreasonably disturbs," except the
honking the horn section.
This amendment qualifies that you are only committing disorderly conduct if you honk your horn
in an unreasonable manner. The only other amendment was changing the time for making a lot
of noise on the streets from 11:00 to 10:00 PM.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend adoption of the ordinance amending Chapter 9.02.200 of the
Kent City Code, entitled, "Public Disturbance." The Motion PASSED 3-0.
9. Ordinance Amending KCC 9.36.020, "Inattentive Driving"
Deputy City Attorney, Pat Fitzpatrick presented information regarding the Ordinance amending
KCC 9.36.020, "Inattentive Driving." There is an infraction, Negligent Driving - Second Degree,
that can be charged on public or private property that is open to the public. The Kent City
Code's "Inattentive Driving" section is a little less than Negligent Driving and can only be
charged for people that commit the infraction on a street.
This code amendment allows the City to charge Inattentive Driving on either private or public
property.
Councilmember Ralph wanted clarification if this is the same as distracted driving.
This is not an infraction under the State driving code and does not go on the violator's driving
record or affect their insurance. Driving while texting can be charged under this infraction.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend adoption of the ordinance amending Section 9.36.020 of the
Kent City Code, entitled, "Inattentive Driving," that permits citing violations occurring
in areas open to the public, but which are privately maintained in addition to
increasing the penalty making it more consistent with penalties in neighboring
jurisdictions. The Motion PASSED 3-0.
Public Safety Committee Minutes
February 12, 2013 4
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10. Medic One/EMS Resolution
Fire Chief, Jim Schneider, of the Kent Fire Department Regional Fire Authority presented
information regarding a motion recommending the council adopt a resolution supporting the
King County Medic One levy. This shows the City of Kent's support of the advanced support
levy. The current levy expires December 31, 2013. The proposed levy begins January 1, 2014
and is a six-year levy, expiring December 31, 2019.
An EMS task force put the levy together. The current levy is $0.030/$1,000 of assessed value.
The proposed levy is $0.0335/$1,000 of assessed value. The difference is the drop in assessed
property value.
State law requires the City approve the levy.
Councilmember Thomas wanted Deputy City Attorney Pat Fitzpatrick to advise if it is ok for
himself and Councilmember Boyce to vote on this issue due to the fact that they both are
members of the Regional Fire Authority Governing Board. Pat Fitzpatrick advised that there is
no problem with the two of them voting.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend adoption of the Resolution supporting the Medic
One/Emergency Medical Services Levy, confirming the City of Kent's support of the
Levy.
Councilmember Boyce excused himself and Councilmember Thomas took over as Chair.
11. Civility Laws — Information Oniv
Assistant City Attorney David Galazin presented information on the preservation of our open
public spaces. The idea is encapsulated, in part, in Section 4.01.150 of the Kent City Code. Use
of public spaces should be open to everyone. Currently, activities are taking place that prohibits
the enjoyment and use of facilities by other members of the public which discourages people
from using the facilities. Parks does not have any enforcement power, so the police are brought
in. Police prefer to exclude people from facilities.
David Galazin presented a conceptual framework for an ordinance amending KCC 9.02.230 with
the addition of exclusion from public facilities. This ordinance addresses repeat violators and
provides for exclusion from all public facilities if behavior is taking place at multiple public
facilities throughout the city. The last change would add the concept of public facility
assemblage. There would be no provision for preventing loitering.
The ordinance would identify prohibit activities including any felony crimes, misdemeanors,
except traffic offenses, and parks rules that are civil infractions. Harassment and public
disturbance activities, could lead to exclusion.
Parks and police would like to solicit input and further direction on what should be included and
or addressed in this ordinance.
Councilmember Ralph indicated that this ordinance does not target any individual group of
people. She indicated that we should move forward with this ordinance if the police department
feels this will be an effective tool to help them deal with activities.
Councilmembers Thomas and Ralph would like to review the ordinance and receive additional
input.
Public Safety Committee Minutes
February 12, 2013 5
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Public Comment:
Pat Crockett owns the Creamery Building 1s' and West Meeker, Kent
She would like the City to include First street in the public space because people do activities in
those areas such as fighting and urinating. People are being fed in front of her business and
leave trash in their parking lot.
David Galazin advised that the exclusions are civil process and not criminal, we are limited in
exclusion from public facilities and not public right-of-way.
Sarah Davidson 24277 141" Place S.E. Kent, WA 98042 is a representative from Kent Hope.
Kent Hope is working on trying to get a shelter in Kent. Kent Hope is in support of the civility
laws. They are willing to provide portable restrooms for these people that need help.
Councilmember Thomas asked Jeff Watling to respond to Ms. Davidson's request for portable
restrooms. Jeff Watling indicated that there are currently quite a few public restrooms including
locations at Kent Square Plaza, Library, City Hall, and Kent Station.
Linda Stockham — 5621 S 234th Street, Kent, Washington and represents Kent Lutheran. They
are having serious problems with urination and defecation on their private property.
12. School Zone Traffic Safety Cameras
Sergeant Robert Constant presented information updating the committee on the school zone
traffic safety cameras. A group met with two vendors and received a structure of the product
available. Follow-up meetings were held to discuss what this program would look like. Next
process is to send RFP to vendors that can provide service we are requiring. After RFP, identify
schools and have feasibility study done. An ordinance and contract will need to be prepared.
Finance is also involved.
Implementation planned for the fall (September) with a live enforcement after the 30-day
required window (October).
Over the past few years, through the Safe Route to Schools Program, the police department has
identified schools with problems that need enforcement and education. Sergeant Constant
presented information regarding resource management and are working on the process to
determine how the city will proceed.
Councilmember -Ralph--wants to make sure that this_program_does not have any detrimental
impacts and that any funds generated go back into traffic and safety.
The city of Renton has seen a 62% reduction in violations after the 1st year. The City of Des
Moines has seen an 82% reduction in pilot program.
Councilmember Ralph indicated that this a safety issue.
13. Human Trafficking (Domestic Sex)
Commander, Eric Hemmen presented information regarding Human Trafficking. Human
Domestic Sex Trafficking is a recruitment and transportation of a person by the threat or use of
force or other forms of coercion for the purpose of forcing them into prosecution.
The city of Kent Police Department has one detective in the special investigative unit who is also
part of the FBI s Innocence Lost Task Force. The Innocence Lost Task Force interviews victims
of Human Trafficking, gets them away from the lifestyle and develops the cases to prosecute the
suspects. We are currently trying to get a second member of the special investigative unit onto
the task force.
Public Safety Committee Minutes
February 12, 2013 6
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Clear Channel has donated space on 13 digital billboards, 2 of their stationary billboards, metro
buses and radio. The messages are translated in eight different languages.
Councilmember Ralph indicated she was not aware of the magnitude of this problem. She is
impressed at how Kent has been involved in this issue and hopes that the Clear Channel
billboards will bring additional community awareness that the community needs to address.
Adiournment
Councilmember Thomas adjourned the meeting at 5:48 p.m.
! ti s
Kim A. Komoto
Public Safety Committee Secretary
Public Safety Committee Minutes
February 12, 2013 7
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LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5782
KENT Fax: 253-856-6770
WASHING70N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
March 12, 2013
To: Public Safety Committee
From: David A. Galazin, Assistant City Attorney
Regarding: Ordinance amending KCC 9.02.230 "Public Facility-Illegal activity -
Exclusion"
MOTION: Recommend adoption of the ordinance amending Chapter 9.02.230
of the Kent City Code, entitled, "Public Facility - Illegal activity - Exclusion,"
adding to the list of activities that warrant exclusion, and defines and identifies
public facility assemblages to which exclusion orders apply.
SUMMARY:
On May 18, 2010, the Kent city council adopted Ordinance No. 3955, which
provided an exclusion process, separate and distinct from any criminal or civil
prosecution, that may be pursued due to an individual's conduct while at an
identified public facility. This ordinance permitted only police officers to issue the
exclusion notices, and appointed the Director of the city's Parks, Recreation, and
Community Services Department as the Hearing Officer to whom all requests for
hearing to modify or rescind an exclusion order shall be submitted.
This ordinance adds to the list of activities that warrant exclusion, and defines and
identifies public facility assemblages to which exclusion orders apply, resulting in
exclusion from all public facilities within a geographically related grouping. It also
provides conditions for which an offending individual may be excluded from a public
facility or public facility assemblage for a period of up to three hundred sixty-four
(364) days from the date of the exclusion notice, for repeat offenders, or exclusion
for a period of three hundred sixty-four (364) days from all public facilities for
repeat offenders who partake in prohibited activities at multiple public facilities not
within the same assemblage.
EXHIBIT: Ordinance
BUDGET IMPACT: None
1
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ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending section
9.02.230, Kent City Code, concerning exclusion
from public facilities for illegal activity.
RECITALS
A. On May 18, 2010, the Kent city council adopted Ordinance
No. 3955, which provided an exclusion process, separate and distinct from
any criminal or civil prosecution, that may be pursued due to an
individual's conduct while at an identified public facility. This ordinance
permitted only police officers to issue the exclusion notices, and appointed
the Director of the city's Parks, Recreation, and Community Services
Department as the Hearing Officer to whom all requests for hearing to
modify or rescind an exclusion order shall be submitted.
B. This ordinance adds to the list of activities that warrant
exclusion, and defines and identifies public facility assemblages to which
exclusion orders apply, resulting in exclusion from all public facilities within
a geographically related grouping. It also provides conditions for which an
offending individual maybe be excluded from a public facility or public
facility assemblage for a period of up to three hundred sixty-four (364)
days from the date of the exclusion notice, for repeat offenders, or
1 Amend Section 9.02.230
Public Facility-Illegal Activity
Exclusion-Ordinance
12
exclusion for a period of three hundred sixty-four (364) days from all
public facilities for repeat offenders who partake in prohibited activities at
multiple public facilities not within the same assemblage.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.02.230 of the Kent City Code
is amended as follows:
Sec. 9.02.230 Public facility - Illegal activity - Exclusion.
A. The city council finds that, from time to time, the right of the
general public to enjoy public facilities provided by the city is infringed
upon by persons who engage in disruptive, unsafe, or otherwise prohibited
activity at the public facilities. This behavior is often engaged in by a
comparatively small number of repeat offenders. The city council further
finds that the right of persons who engage in such activities to remain at
or frequent public facilities is outweighed by the right of law-abiding
citizens to use such facilities without the interference or fear of the illegal
activity of others.
B. Whenever a police officer has probable cause to believe that a
person has committed any act set forth in subsection (F) of this section on
or at any public facility as described in subsection (G) of this section, the
officer may, by written order, exclude that person from entering the public
facility where the act was committed.-; provided, further, that if the public
facility where the act was committed is part of a public facility assemblage
2 Amend Section 9.02.230
Public Facility-Illegal Activity
Exclusion-Ordinance
13
as described in subsection (H) of this section, the officer may, by written
order, exclude that person from entering all public facilities within that
assemblage.
C. If the offender:
1. Has not been issued an exclusion notice within one year prior
to the violation or the current violation is not a felony violation, a weapon
violation, or a violation involving an act of violence or threat of violence,
then the officer may exclude the offender from the eitypublic facility or
public facility assemblage in which the current violation occurred for a
period of forty-five (45) days from the date of the exclusion notice.
2. Has been issued an exclusion notice within the one (1) year
prior to the current violation or the current violation is a felony violation, a
weapon violation, or a violation involving an act of violence or threat of
violence, then the officer may exclude the offender from the e" ublic
facility or public facility assemblage in which the current violation occurred
for a period of ninety (90) days from the date of the exclusion notice.
3. Has been issued two (2) or more exclusion notices from the
same public facility or public facility assemblage in which the current
violation has occurred within the one (1) year prior to the current violation,
then the officer may exclude the offender from the public facility or public
facility assemblage in which the current violation occurred for a period of
three hundred sixty-four (364) days from the date of the exclusion notice.
4. Has been issued two (2) or more exclusion notices within the
one (1) year prior to the current violation and, in combination, the current
violation and those prior violations did not occur at the same public facility
3 Amend Section 9.02.230
Public Facility-Illegal Activity
Exclusion-Ordinance
14
or within the same public facility assemblage, or if the offender has been
issued one (1) exclusion notice based on a felony violation, a weapon
violation, or a violation involving an act of violence or threat of violence
within the one (1) year prior to the current violation, then the officer may
exclude the offender from all public facilities for a period of three hundred
sixty-four (364) days from the date of the exclusion notice.
D. The exclusion notice shall be in writing and shall contain the date of
issuance, shall specify the duration and location of exclusion, and shall be
signed by the issuing officer. A warning of the consequences for failure to
comply with the exclusion notice, as well as procedures for seeking review
of the exclusion, shall be contained within the exclusion notice.
E. The person subject to the exclusion notice shall have the right to a
hearing to seek the modification or rescission of the exclusion. For the
purposes of exclusion modification or rescission hearings, the city's hearing
officer shall be the city of Kent's director of parks, recreation, and
community services or his/her designee, or the person acting in the
position of the director or designee in his/her absence.
1. A request for hearing shall be in writing and shall be
accompanied by a copy of the exclusion notice for which the hearing is
sought. The request shall contain the address of the offender, and it shall
be the responsibility of the offender to notify the hearing officer of any
change of address. The hearing shall occur and a decision be rendered
within ten (10) business days after the city's hearing officer receives the
request for hearing. Notice of the hearing shall be effective upon the third
business day after placement of the notice in the mail to the address
provided by the offender.
4 Amend Section 9.02.230
Public Facility-Illegal Activity
Exclusion-Ordinance
15
2. The parties to the hearing shall be the city and the offender.
At the hearing, the violation that forms the basis for the exclusion notice
must be proved by a preponderance of the evidence in order to uphold the
exclusion. The offender need not be charged with a crime or civil infraction
in a court of law, and need not be convicted or found to have committed
the alleged violation in a court of law for the exclusion to be upheld. The
city's hearing officer shall consider the exclusion notice and a sworn report
or a declaration made under penalty of perjury as authorized by RCW
9A.72.085, written by the police officer who issued the exclusion notice,
without further evidentiary foundation. Both the city and the offender may
submit physical or written evidence, or call witnesses to testify. The city's
hearing officer may consider information and evidence that would not be
admissible in a court of law under the evidence rules but which the hearing
officer considers relevant and trustworthy. Each party shall be responsible
for securing the attendance of any witnesses it intends to call to testify.
3. If the violation is proved, the exclusion notice shall be upheld;
however, upon good cause shown, the city's hearing officer may shorten
the duration of the exclusion. If the violation is not proved by a
preponderance of the evidence the city's hearing officer shall rescind the
exclusion. If an exclusion is rescinded, it shall not be considered a prior
exclusion for the purposes of subsection (C) of this section.
4. The decision of the city's hearing officer is final. An offender
seeking judicial review of a decision of the city's hearing officer shall file an
appeal or an application for a writ of review in the King County superior
court within fourteen (14) days of the date of the decision.
5. The exclusion shall remain effective during the pendency of
any administrative or judicial proceeding.
5 Amend Section 9.02.230
Public Facility-Illegal Activity
Exclusion-Ordinance
16
6. The determination of the city's hearing officer shall not have
any collateral estoppel effect on a subsequent criminal prosecution or civil
proceeding and shall not preclude litigation of those same facts in a
subsequent criminal prosecution or civil proceeding.
F. An act which may result in the issuance of a written order excluding
a person from a public facility or public facility assemblage may consist of
any of the following when committed on or at a the-public facility:
1. Any act that qualifies as a felony crime;
2. Any act that qualifies as a gross misdemeanor or
misdemeanor crime, excluding all traffic offenses except for violations of
RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, and 46.61.525;
3. Any act that qualifies as a violation of RCW 66.44.100;
4. Any act that qualifies as a violation of:
a. KCC 4.01.020 Same - Damaging property.
b. KCC 4.01.030 Same - Animals.
C. KCC 4.01.040 Same - Discharging weapons, fireworks.
d. KCC 4.01.080 Prohibited activities - Speed limits,
vehicles, and horses.
e. KCC 4.01.100 Same - Littering.
6 Amend Section 9.02.230
Public Facility-Illegal Activity
Exclusion-Ordinance
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f. KCC 4.01.120 Same - Fires.
g. KCC 4.01.130 Same - Alcoholic beverages.
h. KCC 4.01.140 Same - Golf.
i. KCC 4.01.150 Use of facilities.
j. KCC 4.01.160 Hours.
k. KCC 4.01.190 Sales of refreshments.
I. KCC 4.01.210 Traffic regulations.
s
5. Any act that qualifies as a violation of KCC 9.02.190.A.3
Urinating in public.
G. For the purpose of this section, a public facility consists of the
buildings, structures, and equipment, and the adjoining grounds,
appurtenances, and parking areas of any of the following when located
within the city of Kent:
1. Any building maintained or operated by the city of Kent, King
County, or the state of Washington.
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2. Any park maintained by the city of Kent, King County, or the
state of Washington.
3. Any recreational area maintained by the city of Kent, King
County, or the state of Washington, including but not limited to any
skateboard park, the Kent Commons, the Kent Senior Activity Center, the
Kent Resource Center, the Riverbend Golf Complex, the Green River Trail,
the Green River Natural Resources Area, and the Interurban Trail.
4. The city's ShoWare Center, located at 625 W. James Street.
5. The bodies of water known as Lake Meridian and Lake
Fenwick and associated boat ramps and areas of ingress and egress.
6. Any public school maintained by the City of Kent, the Kent
School District, King County, or the state of Washington.
7. The watershed areas owned and operated by the city of Kent,
including Armstrong Springs, Clark Springs, and Kent Springs.
S. Any public library or pool maintained by the city of Kent, King
County, or the state of Washington.
H. For the purpose of this section, a public facility assemblage consists
of a group of public facilities so related to one another geographically that
exclusion from one public facility within the group would be ineffective
without exclusion from the other or others in the same group. A violation
occurring at any public facility within a public facility assemblage shall be
deemed to have occurred within the public facility assemblage. Public
facility assemblages include the following:
8 Amend Section 9.02.230
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1. Downtown public facility assemblage, consisting of Town
Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson
Park, Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad
Park, Uplands Playfield, and the Kent Library.
++I. The violation of an exclusion notice is a misdemeanor.
SECTION 2, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall maintain its full force and effect.
SECTION 3, - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4, - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
9 Amend Section 9.02.230
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APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12013.
APPROVED: day of 12013.
PUBLISHED: day of 12013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\Civility-Amend 9.02.230.Docx
10 Amend Section 9.02.230
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School Zone Traffic Safety Cameras
At the beginning of the 2012-2013 school year, the Kent School District contacted the City
and requested implementation of a school zone traffic safety camera program to help
ensure the safety of pedestrians navigating to and from schools. The school district has
indicated it would ideally like the program to be fully-implemented in all 38 school zones
within the city.
Since that time, the Police Department has been gathering information and meeting with
various traffic safety camera vendors and city personnel, in addition to advising the Public
Safety Committee on the options and process for implementing the program.
The city is communicating with local jurisdictions that have implemented the school zone
traffic safety cameras in an effort to gather as much information as possible to effectively
evaluate the benefits of implementing this program in the city of Kent.
The city hopes to mimic the success of neighboring jurisdictions which have implemented
the school zone traffic safety camera program allowing them to effectively create additional
safety school zones by freeing up police officers so that they can provide their services
throughout the entire community including coverage in school zones and surrounding
neighborhoods that do not have school zone traffic safety cameras.
Program Purpose
The Kent School District and city wish to implement a school zone traffic safety camera
program that will become a tool to reduce speeding through school zones. The Police
Department consistently receives calls from the school district administration, parents and
community members complaining about various safety issues surrounding the school zones,
i.e., speeding, near-misses in crosswalks, and congestion.
Current Police Department staffing levels do not allow for a constant presence in the
troubled school zones while also performing daily functions of the traffic patrol unit such as
responding to city-wide complaints, collisions, and general traffic issues.
The School Zone Traffic Safety Program should allow the city to use its limited resources
and officers in other ways while still tackling this safety problem. In that way it is a
violator-funded, rather than a taxpayer-funded program. The goal of this program is to
change dangerous driving behaviors and hold violators accountable in order to create a
safer environment for pedestrians.
How does the program work?
Video and still images are captured. When electronic sensors detect a potential violation,
cameras capture still and video photographs of the incident showing the vehicle from
behind. The cameras only take pictures of the vehicle and vehicle license plate. Drivers are
not photographed
Footage of violations is evaluated. The images are reviewed by vendor representatives, and
then sent to the Kent Police Department for further review. Not all violation events are cited
and the benefit of the doubt is given to citizens.
Tickets are sent by mail. If the citation is approved by a Kent Police Officer, a Notice of Civil
Infraction is mailed to the registered owner of the vehicle. This mailing includes still
zz
photographs showing the alleged infraction, and a website address where a video of the
incident can be viewed.
Follow up options are available. Penalties must be paid or actions to contest the infraction
must be taken within 14 days. Payment options include: check by mail or credit card
payment by phone or online.
Who decides whether a violation has occurred? Kent police officers make the final decision.
The vendor views the footage and sends the footage showing potential violations to the
Kent Police Department. Kent Police traffic officers review each image and make the final
determination that a violation has or has not occurred. If the violation is confirmed by the
officer, the vendor then files the violation with the Kent Municipal Court and mails a Notice
of Infraction to the registered owner of the vehicle.
Will the cameras take a picture of the driver of the vehicle? No. Automated traffic safety
cameras may only take pictures of the vehicle and license plate, not the driver or
passengers. A violation is a civil infraction assessed against the owner of the vehicle based
on vehicle registration data. There is no need to identify the driver and therefore, no need
to capture the image of the driver.
How much is the fine?
The Police Department is proposing that violations up to 10 mph over the 20 mph posted
speed limit will be $124, and that violations in excess of 10 mph over posted speed limit will
be $225.
How are the locations of the cameras to be selected?
In cooperation with the Kent School District, the Kent Police Department has identified
school zones that have had the most complaints. The Police Department identified the
following school zones (in alphabetical order):
• Kentridge High School
• Meadowridge Elementary
• Meridian Elementary
• Millennium Elementary
• Neeley-Obrian Elementary
• Springbrook Elementary
• Sunrise Elementary
A Feasibility study, performed by the vendor, will be conducted to help determine the
location of the cameras. Criteria that should be taken into consideration when setting
school zone enforcement standards include: the geographical environment of the arterial
and school property; the age of the students; and the speed of the vehicles.
What is the Process for Imolementina the Proaram?
• Research qualified vendors
• Prepare ordinance establishing the program
• Contract development with target vendor
• Feasibility study performed by target vender with no cost to city
All locations where an automated traffic safety camera is used must be clearly marked at
least thirty days prior to the activation of the camera by placing signs in locations that
clearly indicate to a driver that he or she is entering a zone where traffic laws are
enforced by an automated traffic safety camera.
• Approval of contracts assuming supported by feasibility study
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Public Works review/approval of contractor proposal/design for physical install
Issue Permits
Contractor provides physical install
Community education process with Vendor, Kent Police Department and Kent School
District
30 day warning period
Implementation
How much will it cost to implement this program? The Kent Police Department will contract
with a vendor for automated traffic safety services that includes installation and operation of
equipment at the locations identified. The vendor owns, maintains, and updates the
equipment as needed, reviews footage of violations, forwards the images to the Police
Department and mails the notices of infraction. The city will pay a monthly fee to the
vendor; however, the penalties assessed from the violations will cover the cost of the
service.
The feasibility study and contract negotiations will ensure that this will be a self-sustaining
program. Even though the cameras will remain operational when school is not in session,
there will be no violations issued and the city will not pay service fees.
Short-Term Impact to City Resources. Initially, the Public Works Department will need to
determine the position of the required hardware and the Economic and Community
Development Department will need to issue required permits. No additional Public Works or
Economic and Community Development staff will be required to implement this program.
1. It is anticipated that initially there will be a high volume of violations
2. It is anticipated that there will be a reduction in violations 6-12 months after
implementation
3. The Police Department anticipates that overtime for police, records, and court
personnel will be necessary during the initial implementation of the program.
4. The city of Kent prosecutor's office will reallocate resources to handle the initial influx
of violations.
Assessment of Program after initial implementation. After one year from implementation,
The Police Department, Courts, and Law Department will reevaluate and determine a
baseline for these services and any additional resources needed.
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POLICE DEPARTMENT
40 Ken Thomas, Chief of Police
Phone: 253-856-5888
ZKENT Fax: 253-856-6802
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 12, 2013
TO: Public Safety Committee
FROM: Diane McCuistion, Corrections Commander
SUBJECT: 2012 Jail Highlights — INFORMATION ONLY
INFORMATION ONLY
Staff chances:
• Commander change
Curt Lutz left to Chelan County Jail - a 27 year career with Kent Jail (17 as Cmdr)
Diane McCuistion - promoted through a promotional process
• Sergeant change
Travis Reed - was promoted to Sergeant Reed
• Programs Sergeant change
Gini Griesbach was promoted to Programs Sergeant
• Programs Work Crew Coordinator
Matt Crawford - received the position
• Two Corrections Officers were hired
Andrew Reed - replace Eric Vance who is now a patrol officer for Enumclaw
James Chapman — replace Sergeant Reed's spot due to Commander Lutz leaving
Operational chances:
• Safety was a priority in 2012
• We enhanced our security system by adding additional cameras and an 8 channel DVR
recorder
One camera was added on the roof - view the court entrance and the back of the
jail
One camera by control - view the entrance to medical, the kitchen and laundry
room
The final camera was added - in the contact visiting room to enhance civilian safety
This project was grant funded
26
• Cuff ports — added to all of the lower tear of C-unit (5-cells)
Created more secure holding for mental ill, and max status inmates
• Restored security lights on the roof of the jail
Better visibility for staff to monitor
• Two Additional Tasers were purchased from patrol
Increased the amount of Tasers available for officers
• Five new radios were purchased
Each officer is assigned a radio
This purchase was grant funded (INS funds)
Community Partnerships: (Work Crew Coordinator and Inmates assisted)
• Auburn Food Bank - breakfast fund raiser
• Kent Food Bank - breakfast fund raiser
• Cornucopia Days — garbage pickup and assisted with event setup and takedown
• Kent Kiwanis - food stand assistance
• Kent Lyons — (farmers market and Christmas lighting parade) setup, takedown and
garbage pickup
• Tahoma National Cemetery — Veterans Day and Memorial Day event assistance
• KPD —homeless camps, graffiti removal, emissions building and training center grounds
cleanup
• New Connection — Building and grounds cleanup
Contractual information:
• Renewed Chelan County Jail contract
For population management (if needed)
• Maple Valley Contract
Two beds are contracted for Maple Valley inmates
Generates $84,000.00 a year in revenue for the city
• Criminal Justice Training Center
Contracts our work crew services