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Home My WebLink About3603Ordinance No. 3603 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) Repealing (Sec. 9.02.56) Ord. 3407 and adding new Sec. 9.02.56 Repealing (Sec. 9.02.19) Ord. 3350 and adding new Sec. 9.02.19 Repealed by Ord. 3621 (Ch. 9.02) ORDINANCE NO. 3(oO3 AN ORDINANCE of the City Council of the City of Kent, Washington (1) repealing section 9 02 56 of the Kent City Code, entitled "Public Facility—Criminal activity—Prohibition of entry," (2) creating a new section 9 02 56 entitled "Public Facility--Cnmmal activity— Prohibition of entry," (3) repealing section 9 02 19 entitled "Disruption of government offices," and (4) creating a new section 9 02 19 entitled "Disruption of public facilities " WHEREAS, the City Council desires that all public facilities, including parks, be welcoming and inviting for the general public and that the public is able to visit and access these facilities without interference or fear, and WHEREAS, from time to time, the right of the general public to access and enjoy these facilities is hindered by persons who engage in criminal conduct at the facilities or who interfere with the proper use of the facility by using the facilities in a manner other than that for which the facility is intended, and WHEREAS, the purpose of this ordinance is to encourage the lawful use of public facilities and to discourage and prevent the unlawful use of the facilities, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS 1 Disruption of Public Facilities SECTION 1. - Repeal. Section 9 02 56 of the Kent City Code, entitled "Public Facility—Criminal activity Prohibition of entry," is hereby repealed in its entirety SECTION 2. - Adoption A new section, Section 9 02 56, entitled "Public Facility—Criminal activity—Prohibition of entry," is hereby added to the Kent City Code to read as follows Sec. 9.02.56. Public facility – Criminal activity – Prohibition of entry. 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 criminal conduct at the public facilities or who possess and consume alcohol at the public facilities The city council further finds that the right of persons who engage in criminal activity at public facilities is outweighed by the right of law abiding citizens to use such facilities without the interference or fear of the criminal activity of others B Whenever a police officer or a judge, commissioner or judge pro tem pore of the Kent municipal court has probable cause to believe that a person has committed any act set forth in subsection (D) of this section on any public facility as described in subsection (E) of this section, that person may be given a written order prohibiting that person from entering the public facility where the act was committed When issued by a police officer, the order shall remain effective for forty-five (45) days, PROVIDED, that in the event the person is charged with a crime or infraction that gives rise to the issuance of such order, the order shall remain effective until the person is arraigned for such charge or appears for a hearing for such infraction In the event the person is charged with the crime or infraction that gives rise to the issuance of the prohibition of entry, the judge, commissioner or judge pro tempore shall, upon finding probable cause, issue, reissue or extend the order which shall remain effective for the period in wluch the court retains lunsdiction over the matter C Whenever a police officer has probable cause to believe that a person is on or has entered a public facility and such person is prohibited from being on or entering the 2 Disruption of Public Facilities public facility pursuant to this section, the officer may arrest the person for violating the prohibition of entry D An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed on the public facility 1 Any act which qualifies as a felony crime, 2 Any act which qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46 61500, RCW 46 61502, RCW 46 61503, RCW 46 61 504, RCW 46 61525, or 3 Any act which qualifies as a violation of RCW 66 44 100, or 4 Any act which involves entering an area designated in subsection (E) after the area is closed to the public. E For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following 1 Any park maintained by the city of Kent, the county of King, or the state of Washington 2 Any recreational area maintained by the city of Kent, the county of King, 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 and the Interurban Trail 3 The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress 4 Any public school maintained by the city of Kent, the county of King, or the state of Washington 5 Any public library maintained by the city of Kent, the county of King, or the state of Washington F In the event that no criminal charges are filed as a result of the activity which leads to the police officer's issuance of the order prohibiting entry, the party prohibited from entering the public facility may request to have the order removed prior to the 3 Disruption of Public Facilities expiration of the forty-five (45) day period Such request shall be filed with the Legal Department of the City of Kent Such request shall contain a return address or contact information which will remain valid and be sufficient to enable the court to provide written notice of court dates Within five (5) days of receipt of the request for hearing, the Legal Department shall submit a request for hearing to the Kent Municipal Court The court shall set a hearing to be held within ten (10) days of the date such request for hearing is received by the court from the Legal Department The city must establish that probable cause exists to believe that the person committed any act set forth in subsection (D) Proof of probable cause may be established based upon the sworn declaration incorporated by reference in a police officer's report that substantially conforms to the requirements of 9A 72 085 without further evidentiary foundation The sworn declaration may be supplemented by the testimony of witnesses and the presentation of other evidence The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order G A person who violates any prohibition of entry issued pursuant to this section shall be guilty of a misdemeanor SECTION 3. - Re eal Section 9 02 19 of the Kent City Code, entitled "Disruption of govenunent offices," is hereby repealed in its entirety SECTION 4. - Adoption A new section, Section 9 02 19, entitled "Disruption of public facilities," is hereby added to the Kent City Code to read as follows Sec. 9.02.19. Disruption of public facilities. A A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and 1 intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility, or 4 Disruption of Public Facilities 2 intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended B As used in this section, the term "public facility" shall include, but not be limited to, the facilities commonly referred to as the Kent Commons, the Kent Resource Center, the Kent Senior Activity Center, the Riverbend Golf Complex, the Kent Library, Kent City Hall, the Centennial Center, and any other building, structure, equipment and adjoining grounds and appurtenances of city, county, state and federal government offices C A violation of this section is a misdemeanor SECTION 5. — Savings The existing sections 9 02.56 and 9 02 19 of the Kent City Code, which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance SECTION 6. — Severabahty If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 7. — E(jective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law � e4e� J)K4 WHITE, MAYOR ATTEST , CITY CLERK JWPP/,(ipgipnSJ Ac7�in9 5 Disruption of Public Facilities "AaMel9a01_Rus] AR �" FITZPATR ACTING CITY ATTORNEY PASSED % day of %1—a --A= 2002 APPROVED J? 107 day of 2002 PUBLISHED o2 S day of 12002 I hereby certify that this is a true copy of Ordinance No 360,5 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated //// A,l A�u� -e (SEAL) 11 xA c. 1 T�i-,z�c�c 11,CITY CLERK '9�,ry S,MMons, f r, 6 Disruption of Public Facilities