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HomeMy WebLinkAbout3955ORDINANCE NO. 31£ AN ORDINANCE of the City Council of the City of Kent, Washington, repealing section 9.02.230 of the Kent City Code, entitled "Public fac1l1ty -Criminal act1v1ty -Proh1b1t1on of entry," and adopting a new section 9.02.230 of the Kent City Code, entitled "Public facility -Illega I act1v1ty -Exclusion," to provide individuals with an appeal process when they have been excluded from those fac1llt1es because of their conduct, to 1dent1fy additional locations considered public facilities, to clarify that the exclusion process is separate and distinct from any criminal or civil prosecution that may arise due to an individual's conduct while at an identified public facility, and to clarify the conduct that will result in exclusion from public facilities. RECITALS A. On July 7, 1998, the Kent City Council adopted Ordinance No. 3621, which enacted a process through which Kent police officers or Kent Municipal Court Judges could exclude individuals from public facilities. Exclusion was authorized if a police officer or Judge found probable cause to believe that an md1v1dual committed a felony, gross misdemeanor, or misdemeanor, or consumed alcohol while at a public facility. The existing code prov1s1on provides that at the time a police officer or a Judge issues an exclusion order, the exclusion order will remain effective for 45 days 1 Entry Prohibition at Public Facilities -KCC 9.02.230 and can be extended by the Kent Municipal Court in the event charges are filed. While the existing code does include an appeal process, 1t extends only to the initial 45-day exclusion period and 1dentif1es the Kent Municipal Court as the hearing officer. B. A new KCC 9.02.230 is appropriate to provide an exclusion process that is separate and distinct from any criminal or civil prosecution that may be pursued due to an 1nd1v1dual's conduct while at an ident1f1ed public facility. This ordinance permits only police officers to issue the exclusion notices, and appoints the Director of the City's Parks, Recreation, and Community Services Department as the Hearing Officer to whom all requests for a hearing to modify or rescind an exclusion order shall be submitted. C. The new KCC 9.02.230 also adds public facilities to which exclusion orders apply, including the ShoWare Center, the Kent Pool, and Kent's watersheds. It also provides that exclusions may, depending on the violation, be for 45 or 90 days. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Reoealer -KCC 9.02.230. Existing section 9.02.230 of the Kent City Code, entitled "Public fac1l1ty -Criminal act1v1ty - Prohibition of entry," is hereby repealed m its entirety. SECTION 2. -Adoption -KCC 9.02.230. A new section 9.02.230 of the Kent City Code, entitled "Public facility -Illegal activity -Exclusion," is hereby created and shall read as follows: 2 Entry Prohibition at Public Facilities -KCC 9.02.230 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 fac1l1ties provided by the City is infringed upon by persons who engage in disruptive, unsafe, or otherwise prohibited activity at the public fac1l1t1es. 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 m such act1v1t1es to remain at or frequent public facilities 1s outweighed by the right of law-abiding citizens to use such fac1l1t1es 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 1n subsection (G) of this section, the officer may, by written order, exclude that person from entering the public facility where the act was committed. C. If the offender: 1. Has not been issued an exclusion notice within one year prior to the violation or the current v1olat1on 1s not a felony violation, a weapon violation, or a v1olat1on involving an act of vmlence or threat of violence, then the officer may exclude the offender from the City facility 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 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 City facility in which the current v1olat1on occurred for a period of ninety (90) days from the date of the exclusion notice. 3 Entry Prohibition at Public Facilities -KCC 9.02.230 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 mod1f1cat1on or rescission of the exclusion. For the purposes of exclusion mod1f1cat1on or resc1ss1on 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 1t shall be the respons1b1l1ty of the offender to notify the Hearing Officer of any change of address. The hearing shall occur and a dec1s1on 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. 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 4 Entry Prohibition at Public Facilities -KCC 9.02.230 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 evident1ary foundation. Both the City and the offender may submit physical or written evidence, or call witnesses to testify. The City1 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 ca 11 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, 1t shall not be considered a prior exclusion for the purposes of subsection (C). 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 dec1s1on. 5. The exclusion shall remain effective during the pendency of any admmistrat1ve or Judicial proceeding. 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 lit1gat1on of those same facts in a subsequent criminal prosecution or c1v1I proceeding. 5 Entry Prohibition at Public Facilities -KCC 9.02.230 F. An act which may result in the issuance of a written order excluding a person from 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 RCWs 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 Proh1b1ted activities -Speed limits, vehicles, and horses. e. KCC 4.01.100 Same -Littering. 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. 5. Any act that qual1f1es as a violation of KCC 8.03.205, Animals in Parks. G. For the purpose of this section, a public fac1!1ty 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. 6 Entry Prohibition at Public Facilities -KCC 9.02.230 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 l1m1ted to any skateboard park, the Kent Commons, the Kent Senior Act1v1ty Center, the Kent Resource Center, the R1verbend 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. 8. Any public library or pool maintained by the City of Kent, King County, or the State of Washington. H. The violation of an exclusion notice is a misdemeanor. SECTION 3. -Savings. The existing section 9.02.230 of the Kent City Code, which 1s repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. -Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such dec1s1on shall not affect the validity of the remaining portion of this ordinance and the same shall remain m full force and effect. SECTION 5. -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; references to other local, state or federal laws, 7 Entry Prohibition at Public Facilities -KCC 9.02.230 codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 6. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. -7 ATTEST: ......... _,,, .. .,._.. ,,.- -.. ..::: .. .:. ..:.. _, -.. · ~ _ ....... .... : , ..... ......... -~.. .. APPROVED AS TO FORM: PASSED: f 8' day of May, 2010. i APPROVED: I~ day of May, 2010. I PUBLISHED: Ol-, day of May, 2010. I hereby certify that this is a true copy of Ordinance No. ft~ passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. -~ ---- . ·- --- P \C1v1l\OIIlmll.J1ce\Pullifcfacdity.EntryPmtwli1til!n-AmendKCC9 02 230 clocx -.,,,.--.. _,. _ .... -.. _ .:::.-.. .....;"-----_,. ......... -~ ..... . - 8 ~-tc~(SEAL) CITY CLERK Entry Prohibition at Public Facilities -KCC 9.02.230