HomeMy WebLinkAboutOrdinances - 2016-04 - Adopting a process enabling exclusion of an individual from public property for engaging in illegal behavior by adding Chapter 9.42 to EWMC - 7/12/2016City of East Wenatchee, Washington
Ordinance No. 2016-04
An Ordinance of the City of East Wenatchee adopting a process for
being able to exclude an individual from publicly-owned property for
engaging in illegal behavior by adding Chapter 9.42 to the East
Wenatchee Municipal Code.
Una Ordenanza de la Ciudad de East Wenatchee adoptar un proceso
para poder excluir a un individuo por bienes de propiedad publica para
el ejercicio de una conducta ilegal mediante la adici6n de 9,42 Capitulo
al C6digo Municipal de East Wenatchee.
1. Alternate format.
1.1. Para leer este documento en otro formato (espaiiol, Braille,
leer en voz alta, etc.), p6ngase en contacto con el vendedor de la
ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee ("City") is a non-charter code
City duly incorporated and operating under the laws of the State
of Washington.
2.2. The City Council finds that there is a demonstrated need for
the City to adopt a legally sound process for being able to exclude
an individual from publicly-owned property for engaging in illegal
behavior.
2.3. The City Council recognizes that a member of the public has
legitimate interests and rights regarding the use and enjoyment
publicly-owned property, as well as certain rights protected by the
United States Constitution and the Washington State
Constitution and laws, including, but not limited to, the right to
petition the government, the right to assembly, and the right to
access sources of information.
City of East Wenatchee
Ordinance 2016-04
Page 1of5
2.4. The City Council desires to provide a specific method for the
issuance of trespass notices to an individual who engages in
illegal behavior, including placing limitations on trespass notices
and providing procedures for such individuals to promptly appeal
the issuance of trespass notices.
2.5. The City Council enacts this ordinance as an exercise of the
City's authority to protect and preserve the public health, safety
and welfare, while recognizing the rights of individuals to engage
in legitimate activities that may occur on publicly-owned
property.
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to adopt ordinances of all kinds to regulate its municipal affairs
and appropriate to the good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
ORDAIN AS FOLLOWS:
4. Enactment. The City Council enacts Chapter 9.42 of the East
Wenatchee Municipal Code:
Chapter 9.42
TRESPASS NOTICES
9.24.010 Authorization.
9.42.020 Arrest; Exceptions.
9.42.030 Appeal of trespass notice.
9.42.040 Appeal Hearing.
9.42.010 Authorization.
A. A police officer may issue a written trespass notice to an
individual if the officer has a reasonable ground to believe the
individual has violated a provision of the East Wenatchee
Municipal Code (as enacted or amended) or a provision of the
Revised Code of Washington (as enacted or amended) while on or
within public property. This authorization excludes sidewalks that
abut a paved street. The trespass notice must be limited to the
specific property where the violation occurred.
B. A police officer may issue a written trespass notice based
on personal observation, the report of a City employee, or a
civilian report that a police officer would ordinarily rely upon to
determine probable cause.
City of East Wenatchee
Ordinance 2016-04
Page 1of5
C. For a first violation, a trespass notice may not exceed 60
days. For a second or subsequent violation, a trespass notice may
not exceed 365 days.
D. When issuing a trespass notice, a police officer must hand
deliver a copy of the trespass notice to the individual. The trespass
must contain the following information: the date of issuance, a
description of the behavior that formed the basis for the trespass
notice, the length exclusion, the place of exclusion, how to appeal
the trespass notice, where to file an appeal, and the penalty for
violating the trespass notice. A police officer must also provide the
Police Chief with a copy of the trespass notice within 24 hours of
its issuance.
9.42.020 Arrest; Exceptions.
A. An individual found on public property in violation of a
trespass notice may be arrested for trespassing, except as
otherwise provided in this section.
B. A City employee or official having control over a City
facility, building, or outdoor area, may authorize an individual
who has received a trespass notice to enter the property or
premises to exercise his or her First Amendment rights if there is
no other reasonable alternative location to exercise such rights or
to conduct necessary municipal business. Such authorization must
be in writing, must specify the duration of the authorization and
any conditions thereof, and may not be unreasonably denied.
9.42.030 Appeal of trespass notice.
A. An individual who has received a trespass notice has a
right of appeal. The individual must file a written notice of appeal
within ten days of receiving a trespass notice. The notice must
include the individual's name, mailing address, email address,
and phone number. The City may not charge a fee for filing an
appeal.
B. The individual must file the written notice of appeal at
the information desk of the East Wenatchee Police Department
located at 271 9th St. N.E., East Wenatchee, WA 98802.
9.42.040 Appeal Hearing.
A. The Police Chief hears an appeal.
B. Within five days of an appeal being filed, the Chief must
send notice regarding the time and place of the appeal hearing.
The Chief of Police must provide the appellant with notice of the
hearing:
City of East Wenatchee
Ordinance 2016-04
Page 1of5
1. By sending a notice of hearing to the appellant's email
address;
2. By sending a text message to the appellant's phone
number;
3. By mailing a notice of hearing to the appellant's
mailing address; or
4. By posting the notice at the information desk of the
East Wenatchee Police Department. If appellant
cannot be reached by email, by telephone, or by mail,
then notice at the information desk is sufficient.
C. The appeal hearing must occur no sooner than seven days
after a notice of appeal is filed no later than 30 days after a notice
of appeal is filed. Upon written request of the appellant, the Police
Chief may hold an appeal hearing after the 30-day time limit.
D. Upon request and at no cost, the police department will
send the appellant a copy of each document in the City's control
which it intends to use at the hearing, and which directly relates
to the issuance of the trespass notice to the appellant.
E. The appellant and the City have the right to attend the
appeal hearing, the right to testify, the right to call witnesses, the
right to cross examine witnesses, and the right to present
evidence. The appellant has the right to bring an attorney and/or
a court reporter to the appeal hearing, at appellant's own expense.
F. The appellant need not be charged, tried, or convicted of
any crime or infraction for the issued trespass notice to be
effective.
G. The Police Chief must consider the testimony, reports or
other documentary evidence, and any other evidence presented at
the hearing. Formal rules of evidence do not apply, but
fundamental due process governs the proceedings.
H. At the appeal hearing, the City must prove, by a
preponderance of the evidence, that the trespass notice was
properly issued.
I. Within five days of the hearing, the Police Chief must
issue a written decision on the appeal and must deliver the
decision to the appellant at the address provided. If no address is
provided, the Police Chief must post a copy of the decision at the
City of East Wenatchee
Ordinance 2016-04
Page 1of5
information desk of the East Wenatchee Police Department. If
posted, a copy of the decision may be removed after 30 days.
J. If the Police Chief finds that the City properly issued the
trespass notice, the Police Chief must upheld the terms of the
trespass notice. For good cause shown, the Police Chief may
shorten the duration of the exclusion. For good cause shown, the
Police Chief may reduce the areas covered by the trespass notice.
K. If the Police Chief finds that the City did not properly
issue the trespass notice, the City may not consider the trespass
notice as a prior notice for purposes of EWMC 9.42.010.C.
L. The decision of the Police Chief is final and the appellant
is deemed to have exhausted all administrative remedies. Such
decision may be subject to judicial review in the manner provided
by law by the appellant. The City may not appeal a decision of the
Chief of Police.
M. The trespass notice remains in effect during the appeal
and review process, including any judicial review.
5. Severability. If a court of competent jurisdiction declares any provision
in this Ordinance to be contrary to law, such declaration shall not affect
the validity of the other provisions of this Ordinance.
6. Publication. The City Council directs the City Clerk to publish a
summary of this Ordinance. The summary shall consist of the title of
this Ordinance. The City Council directs the City Clerk to publish a
copy of this Ordinance on the City's website.
7. Effective Date. This Ordinance becomes effective five days after the
date its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _p!J day of*, 2016.
The City of East Wenatchee,
Washingto
By--7'~---~~~~-1-~~~~~~-
Steven C. Lacy,
Authenticated:
City of East Wenatchee
Ordinance 2016-04
Page 1of5
Dana Barnard, City Clerk
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
City of East Wenatchee
Ordinance 2016-04
Page 1of5
Summary of
City of East Wenatchee, Washington
Ordinance No. 2016-04
On the 171'1 day of __Juk__, 2016, the City Council of the City of East
Wenatchee, WashingtfS n acp proved Ordinance No. 2016-04, the main
point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee adopting a process for
being able to exclude an individual from publicly-owned property for
engaging in illegal behavior by adding Chapter 9.42 to the East
Wenatchee Municipal Code.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this L.!l'/11 day of 4tdt-, 2016.
Dana Barnard, City Clerk
City of East Wenatchee
Ordinance 2016-04
Page 1of5