HomeMy WebLinkAbout4500 Ordinance Checklist
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P:\City Clerk's Office\Records Management\Ordinances and Resolutions- Including Franchise Ordinances
ORDINANCE NO. 4500
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Section
9.02.710 of the Kent City Code, entitled "Public
facility - Illegal activity - Exclusion", and replacing
it with a new Section 9.02.710, entitled "Public
facility - Prohibited and illegal activity - Exclusion",
in order to modify periods of exclusion from public
facilities based upon the activity involved; set forth
the contents of exclusion orders issued by police
officers; and update the procedure available to
appeal any exclusion orders issued.
RECITALS
A. The City's "public facilities", which include but are not limited
to its buildings, parks, recreational areas, and watershed areas, serve
specific and designated purposes for the public. When individuals engage in
prohibited and illegal activity at these public facilities, their unlawful or
unauthorized activity creates disruption and safety concerns and prevents
the facilities from being used for their designated purposes.
B. The City has both the authority and responsibility to regulate
public facilities pursuant to Article XI, Section 11 of the Washington
Constitution and RCW 35A.11.020. As a steward of public facilities, the City
must wisely employ its limited resources to establish and enforce reasonable
rules to help ensure the public can safely use and access public facilities for
1 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
their intended purpose. This includes providing City staff and police officers
with the authority to temporarily exclude individuals whose behavior is
disruptive, unsafe, prohibited, or illegal so that the public remains free to
use these facilities for their intended purpose.
C. The Kent City Code currently provides police officers with the
authority to issue exclusions from public facilities for set periods of time after
providing individuals with notice and an opportunity for a hearing to appeal
exclusion orders. Although this ordinance repeals and replaces the
provisions within Kent City Code 9.02.710, its core functions remain the
same. Specifically, it continues to allow police officers to exclude individuals
from public facilities for specified illegal and prohibited activity for periods of
45, 90, and 180 days. It also codifies existing authority for City staff to
exclude individuals who violate public facility rules for a period of 48 hours.
D. Individuals subject to an exclusion order issued by a police
officer can request a hearing to seek to modify, to rescind, and/or to stay
their exclusion before the City's director of parks, recreation, and community
services or their designee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repeal. Section 9.02.710 of the Kent City Code,
entitled "Public facility - Illegal activity - Exclusion", is hereby repealed in
its entirety.
SECTION 2. - New Section. A new Section 9.02.710 of the Kent City
Code, entitled "Public facility - Prohibited and illegal activity - Exclusion", is
hereby enacted as follows:
2 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
Section 9.02.710. Public facility — Prohibited and illegal
activity — Exclusion.
A. Findings. 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
or illegal activity at the public facilities. This activity 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 residents
to use such facilities without the interference or fear of the disruptive,
unsafe, or otherwise prohibited or illegal activity of others.
B. Authority to exclude persons.
1. Exclusion order by police officer. Whenever a police officer has
probable cause to believe that a person has committed either a violation of
the law or a violation of public facility rules by engaging in 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 and on the
basis of such a violation, exclude that person from entering the public facility
where the act was committed for a specified period as set forth in subsection
(C) of this section; or if the public facility where the act was committed is
part of a public facility assemblage 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.
2. 48-Hour exclusion notice by city staff. Whenever a city staff
member in charge of a public facility or their designee (Facility Manager)
has good cause to believe that a person has violated any public facility rule,
3 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
the Facility Manager may exclude that person from entering that public
facility by oral or written notice for a time period of 48 hours.
C. Exclusion periods by written exclusion order. A person may be
excluded from a public facility or public facility assemblage by a written
exclusion order from a police officer as set forth in Section (13)(1) as follows:
1. For a period of 45 days from the date of the exclusion order
when: (i) the person has not been issued an exclusion order within one year
prior to the date of the current violation, and (ii) the current violation is not
a felony violation, a weapon violation, or a violation involving an act of
violence or threat of violence.
2. For a period of 90 days from the date of the exclusion order
when either: (i) the person has been issued a prior exclusion order within
one year prior to the date of the current violation, or (ii) the current violation
is a felony violation or a weapon violation.
3. For a period of 180 days from the date of the exclusion order
when either: (i) the person has been issued two or more exclusion orders
from the same public facility or public facility assemblage in which the
current violation has occurred within one year prior to the date of the
current violation, or (ii) when the current violation is a felony weapon
violation or a violation involving an act of violence or threat of violence.
D. Contents of exclusion order. The exclusion order issued by a police
officer pursuant to Section (13)(1) shall be in writing and shall contain the
following:
1. the date of issuance;
2. the factual basis for the exclusion;
3. the duration of the exclusion;
4. the location of the public facility from which the person is
excluded;
4 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
5. a warning of the consequences for the person's failure to
comply with the exclusion order;
6. the procedure for seeking a hearing to modify or rescind the
exclusion order; and
7. the issuing officer's name and signature.
E. Hearing procedure. The person subject to the exclusion order issued
by a police officer pursuant to Section (13)(1) shall have the right to a
hearing to seek to modify or rescind their exclusion from the identified public
facility. 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 their designee.
1. Request for a hearing and stay. A person subject to an
exclusion order can request a hearing by submitting a request in writing to
the City Clerk. The request must include a copy of the exclusion order for
which the hearing is sought and contain contact information for the person
subject to the exclusion order. It is the responsibility of the person
requesting the hearing to notify the City Clerk of any change in their contact
information. The person subject to an exclusion order may also request a
stay of the exclusion order in their hearing request.
2. Timing of the hearing. The hearing shall occur and a decision
rendered, absent good cause to the contrary, within 10 calendar days after
the date the City Clerk receives the request for hearing. The city will notify
the person requesting the hearing of the hearing date using the contact
information provided.
3. The hearing. The parties to the hearing shall be the city and
the person subject to the exclusion order. At the hearing, and in order to
uphold the exclusion order, the violation that forms the basis of that
exclusion order must be proved by the city by a preponderance of the
evidence. The person subject to the exclusion order need not be charged
5 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
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 5.50.050 written by the police officer who issued the
exclusion order, without further evidentiary foundation. Both the city and
the person who requested the hearing 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.
4. Decision of hearing officer. If the violation is proved, the
exclusion order 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 order. If an exclusion order is rescinded, it shall
not be considered a prior exclusion for purposes of subsection (C) of this
section.
5. Final decision. 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 14 calendar days of the date of the decision.
6. Effectiveness of exclusion order. The exclusion order shall
remain effective during the pendency of any administrative or judicial
proceeding, unless a stay is obtained from superior court.
7. Effect on subsequent proceedings. 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
6 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
litigation of those same facts in a subsequent criminal prosecution or civil
proceeding.
F. Qualifying acts for exclusion order. An exclusion order from a public
facility or public facility assemblage may be issued by a police officer for the
following acts committed on or at a 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 the following negligent,
reckless, and impaired driving offenses RCW 46.61.500, RCW 46.61.502,
RCW 46.61.503, RCW 46.61.504, RCW 46.61.525, and RCW 46.61.530;
3. Any act that qualifies as a public or open use violation involving
liquor or cannabis, including RCW 66.44.100 and RCW 69.50.445;
4. Any act that qualifies as a violation of park rules, including:
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.
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 related to urinating or defecating on property, other
than within proper facilities provided for that purpose, including a violation
of KCC 9.02.840.
7 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
G. Public facility. 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.
2. Any park maintained by the city of Kent, and any King County
park or Kent School District property when subject to an authorizing
agreement with the city of Kent.
3. Any recreational area maintained by the city of Kent and any
King County or Kent School District recreational area when subject to an
authorizing agreement with the city of Kent, including but not limited to any
skateboard park, athletic complexes, the Kent Commons, the Kent Senior
Activity Center, the Riverbend Golf Complex, the Green River Trail, and the
Green River Natural Resources Area.
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, when subject to
an authorizing agreement with the city of Kent.
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, or
King County or another entity when such library or pool is subject to an
authorizing agreement with the city of Kent.
H. Public facility assemblage. 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
8 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
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:
1. Downtown public facility assemblage, consisting of Town
Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Rosebed
Park, and the Kent Library.
I. Violation and penalty. The violation of an exclusion order or 48-hour
exclusion notice is a misdemeanor.
SECTION 3. - Severabili_ty. If any one or more section, subsection,
or sentence of this ordinance is 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 4. - Savincls. The existing Section 9.02.710 of the Kent
City Code, which is repealed and replaced by this ordinance, shall remain in
full force and effect until the effective date of this ordinance.
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; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
9 Amend KCC 9.02.710 -
Re: Public Facility - Illegal Activity
SECTION 6. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law.
—T�) nn -,29 '�" November 19, 2024
DANA RALPH, MAY Date Approved
ATTEST:
November 19, 2024
KIMBERLEY KOMOTO, CITY CLERK Date Adopted
November 22, 2024
Date Published
APP D AS TO FORM:
TA WHI E, CITY ATTORNEY
10 Amend KCC 9.02.710 -
Re. Public Facility - Illegal Activity
Legal Invoice Date: 11/22/2024
Sound Publishing, Inc. Kent Reporter
Unit Attn: A/R
PO Box 930
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Bill To: Customer Account#: 50431432
City of Kent, City Clerk- LEGAL ADS
220 Fourth Ave S Legal Description: KEN1005358
Kent WA 98032
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Kent Reporter
Affidavit of Publication
State of Washington}
County of King } ss
j Amanda Kahlke being first duly sworn, upon
oath deposes and says: that he/she is the legal
((( representative of the Kent Reporter a weekly
newspaper. The said newspaper is a legal
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county in which it is published and is now and
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ORDS 4500-4503 as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of 1
issues), such publication commencing on
11/22/2024 and ending on 11/22/2024 and that
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The amount of the fee for such publication is
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