HomeMy WebLinkAbout4076 Ordinance No . 4076
(Amending or Repealing Ordinances)
Amend Section 9.02.230/Public Facility-Illegal Activity Exclusion
Passed - 3/19/2013
The date ["Beginning July 1, 1998"]has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012
ORDINANCE NO. �or6
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
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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:
�I
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
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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 ei ypublic 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 eity 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 jggugd two (22) or more exclusion notices within the
one (1) year prior to the current violation and, in combination, the current
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violation and those prior violations did not occur at the same public facility
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.
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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.
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5. The exclusion shall remain effective during the pendency of
any administrative 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 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 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.
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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.
try-parks.
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.
8. Any public library or pool maintained by the city of Kent, King
County, or the state of Washington.
H. For the urpose 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
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deemed to have occurred within the public facility assemblage. Public
facility a� ssemblages include the following;.
1. Downtown public facility assemblage, consisting of Town
Square plaza, Burlington GreenNangzhou 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. - SeverabU ty. 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.
UZE E COKE, MAYOR
ATTEST:
9 Amend Section 9.02.230
Public Facility-illegal Activity
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RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of ��� , 2013.
APPROVED: /15�day of arm , 2013.
.ADPUBLISHED: oV' day of , 2013.
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 ' ted.
IW4SEAL)
RONALD F 00 , CITY ERK
P\Clvll\Ordinance\C1vlllty-Amend 9.02.230 Dooc
10 Amend Section 9.02.230
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