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Home My WebLink About3910ORDINANCE NO. -9910 AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 9.02.210 and 9.02.230 of the Kent City Code to add the ShoWare Center as a public facility for enforcement purposes of the City's criminal code on the premises of the ShoWare Center. RECITALS A. Chapter 9.02 of the Kent City Code sets forth the City's criminal code, which is enforced by Kent police officers. Included within this criminal code are two provisions, KCC 9.02.210 and KCC 9.02.230, that allow police officers to cite and/or arrest individuals who cause a disturbance at a public facility, and to prohibit that person's re-entry into the facility for a stated period of time. B. These code provisions were last updated in October 2002. However, since that time, the City has constructed the ShoWare Center. The ShoWare Center is a public facility owned by the City of Kent, operated by SMG, and leased to the Seattle Thunderbirds and other performers and entertainers. Because the ShoWare Center is a public facility, Kent police officers currently possess the authority to enforce KCC 9.02.210 and KCC 9.02.230 on the ShoWare Center's premises. However, for clarity purposes, it is appropriate to amend these code provisions to 1 Update Criminal Code to Add ShoWare Center as a Public Facility specifically identify the ShoWare Center along with the other named public facilities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 9.02.210 of the Kent City Code, entitled "Disruption of Public Facilities," is amended as follows: Sec. 9.02.210. 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 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, the Kent Municipal Court, the Kent Corrections Facility, the ShoWare Center located at 625 W. James Street 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. 2 Update Criminal Code to Add ShoWare Center as a Public Facility SECTION 2. - Amendment. Section 9.02.230 of the Kent City Code, entitled 'Public Facility—Criminal Activity—Prohibition of Entry," is amended as follows: Sec. 9.02.230 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 tempore 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 a 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 that shall remain effective for the period in which the court retains jurisdiction over the matter. 3 Update Criminal Code to Add ShoWare Center as a Public Facility 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 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 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, 46.61.525; 3. Any act that qualifies as a violation of RCW 66.44.100; 4. Any act that involves entering an area designated in subsection (E) of this section 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 City's ShoWare Center, located at 625 W. James Street. 43. The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress. 54. Any public school maintained by the City of Kent, the County of King, or the State of Washington. 4 Update Criminal Code to Add ShoWare Center as a Public Facility 65. 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 that leads to the police officer's issuance of the order prohibiting entry, the person prohibited from entering the public facility may request to have the order removed prior to the expiration of the forty-five (45) day period. Such request shall be filed with the City's law department. Such request shall contain a return address or contact information that 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 City's law 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 City's law department. The City must establish that probable cause exists to believe that the person committed any act set forth in subsection (D) of this section. 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 RCW 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. — Severability. If any one or more section, 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. 5 Update Criminal Code to Add ShoWare Center as a Public Facility SECTION 4. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ATTEST: BRENDA JACOBER, CLERK APPROVED AS TO FORM: ,KJA& 1'�m 6, L"- TdM BRUB KER, CITY ATTORNEY PASSED: day of February, 2009. APPROVED: �_ day of February, 2009. PUBLISHED: day of February, 2009. 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. '?J (SEAL) BRENDA JACO , CITY CLERK P \Ordnance\QM.LnInalCode PubllcFaCl ties-AddShoWareCenter doc 6 Update Criminal Code to Add ShoWare Center as a Public Facility