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Home My WebLink AboutPS 2017-06-19 Item 2B - Ordinance - Criminal Trespass Warnings on City PropertyCity of Tukwila A16h —Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Mike Villa, Chief of Police Rick Mitchell, A/Deputy Chief of Police BY: Kraig Boyd, Sergeant Community Police Team Cc: Mayor Ekberg DATE: June 5, 2017 SUBJECT: Criminal Trespass Ordinance for City Property. ISSUE The Council is being asked to consider and approve a Trespass Ordinance for City Property. BACKGROUND The Tukwila Police Department has received several complaints regarding criminal behavior in the city parks and on city property. Currently the Trespass ordinance for city property is enforceable, by civil infraction only. Surrounding agencies have trespass ordinances on city property that include a means for appeal and are enforceable as a misdemeanor after a warning is given, and violated. DISCUSSION The result of reduced penalties for constant criminal trespass violations is constant violation of park rules due to reduced enforcement options. Neighbors, citizens, and patron of our city parks and property have expressed safety and health concerns, as well as the exposure to criminal, or dangerous behavior. The ability to appropriately address persons not abiding by the rules of the parks as well as other city property, backed by criminal enforcement would reduce criminal behavior and on city property, and increase safe usage of the parks by citizens. Concerns have been raised that this ordinance would unfairly target the homeless. The intent of the ordinance is to ensure that city property is clean and safe for all users. The intent is to create greater enforcement tools to guarantee the rights of all citizens to use city property as intended by designi. Use of the property is open to all if the rules of the property are observed and followed. It is not the intent of this ordinance to deny access to any individual or group. The ordinance has been reviewed and approved by the City Attorney. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to forward the Trespass Ordinance to the June 26, 2017 Committee of the Whole meeting and subsequent, July 17, 2017 Regular meeting, ATTACHMENTS Ordinance VA Rl DRAFT WHEREAS, the City recognizes that members of the public have legitimate interests and rights regarding the use and enjoyment of City owned or operated property, as well as certain rights protected by the United States Constitution and the Washington State Constitution and laws, includ g, but not limited to, the right to petition the government, the right to assembly, and the right to access sources of information,i and WHEREAS, there is a demonstrated need for the City to adopt a legally sound process for being able to exclude from City property individuals whose behavior is dangerous, unsafe, illegal, or unreasonably disruptive to other users; and WHEREAS, the City desires to provide a specific method for the, issuance of trespass warnings to such individuals, including placing limitations on trespass warnings and providing procedures for such individuals to promptly appeal the issuance of trespass warning d WHEREAS, this ordinance is enacted as an exercise • the City's authority to protect and preserve the public health, safety, and' welfare, while recognizing the rights M f individual's to engage in legitimate activities that may occur on City property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8.23 of the Tukwila Municipal Code Established. A chapter of the Tukwila Municipal Code entitled "'Trespass Warnings on City Property," to be codified as Tukwila Municipal Code (TMC) Chapter 8.23, is hereby established to read as follows. W Word Processing\Ordinances\Trespass warnings on City property 4-11-17 RBT:bjs Page 1 of 7 Sections: 8.2M10 Purpose, Authority, and Applicabili 8.23.020 Definitions 823,030 Trespass Warnings on City Propiel Section 2. Regulations Established. TMC Section 8.23.010, "Purpose', Authority, ?,nd Applicability," is hereby established to read as folloI A. The purpose of this chapter is to adopt a legally sound process for being able to exclude from City owned • operated property individuals whose behavior is dangerous, unsafe, illegal, • unreasonably disruptive to other users. It is further the purpose of this chapter to provide for a specific method to allow for the issuance of trespass warnings to such individuals, including placing limiitations on trespass warnings and providing procedures for such individuals to promptly appeal the issuance of trespass warnings in order to protect their right to engage in legitimate activities protected by the state and federal constitutions. # w w z- W; Word Processing0rdinancesMespass warnings on City property 4-11-17 RBT:bjs Page 2 of 7 M 1. Threatening another person by communicating either directly or indirectly to another person the intent to cause bodily injury in the future to the person threatened or to any other person; • 2. Selling or using alcohol or drugs; or 3. Threatening or harassing behavior (e.g., fighting or threatening to fight, brandishing a weapon, stalking, verbally threatening to harm others or their property); or 4. Assaulting staff or other patrons,, or 5. Sexual misconduct or harassment (e.g., indecent exposure, offensive touching, sexual acts). C. Behavior that is "unreasonably disruptive to other users" is behavior that is not constitutionally protected and that, in cons,ideration • the nature, scope, use and purpose of the property in question, unreasonably interferes with others' use and enjoyment of said property. Examples of behavior that may unreasonably interfere with others' use and enjoyment of City property include, but are not limited to, any of the following- 1111ril1r;r1w, IM M= 2. Unreasonably loud vocal expression or unreasonably boisterous physical behavior; or 3. Using electronic or other communication devices in a manner that is unreasonably disruptive to others; or 4. Unreasonably interfering with the free passage of stafi or patrons in or on City property; or 5. Behavior that is unreasonably inconsistent with the use for wh ich the City property was designed and intended to be used (e.g., bathing, shaving, or washing clothes in a public bathroom or skateboarding in a pub parking area or plaza). D. Any constitutionally protected action or speech is excluded from the prohibited behavior listed in this section. Section 4. Regulations Established. TIVIC Section 8.23.030i, "Trespass Warnings on City Property," is hereby established to read as follows: 8.23.030 Trespass Warnings on City Property ► Officers of the Tukwila Police Department shall be empowered to issue a trespass warning to any individual who the officer has probable cause to believe has violated any City ordinance, state statute, or government rule or regulation relating to or prohibiting conduct that is dangerous, illegal, or unreasonably disruptive to other users of City property, as defined in TIVIC Section 8.23.020, while such individual is on • within any City property, as more specifically set forth in TIVIC Section 8,23.010. C W: Word Processing\OrdinanceskTrespass warnings on City property 4-11-17 RBT:bjs Page 3 of 7 11 B. Trespass warnings may be delivered in person to the offender or If' first class mail to the offender at the offender's last known address. C. The offender need not be charged, tried, or convicted of any crime or infraction in order for the trespass warning to be issued or be effective. The warning may be based upon observation by a police officer or a City or other government employee or may be based upon a civilian report that would ordinarily be relied upon by police officers in the determination of probable cause. ww W if V W V V • W mn�� #�p 1. A person receiving a trespass warning for an expulsion of 7 days, or longer, may file, an appeal to have the trespass warning rescinded or the duration of the expulsion shortened. 2. The appeal must be in writing, provide the appellant's current address, and sha,ll be accompanied by a copy of the trespass warning that is being appealed. 3. The written notice of appeal must be sent to the City Administrator and postmarked no later than 7 calendar days after the issuance of the trespass warning. W: Word ProcessingkOrdinancesMespass warnings on City property 4.11-17 RBT:bjs Page 4 of 7 12 4. The trespass warning shall remain in effect during the pendency of any administrative or judicial proceeding. MM a. Notify the appellant of the, hearing date, time, and location; • Conduct a hearing within 30 calendar days of receipt of the notice • M••` r c. Issue a ruling upholding, rescinding, or shortening the d'uration of the expulsion set forth in the trespass warning no, later than 5 business days after the hearing. 2, The Hearing Official may consider a sworn report • a declaration under penalty of perjury as authorized by RCW 9A.72�.085, written by the officer who issued the trespass warning • • the person upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that the offender committed the violation as described. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption. Such sworn reports or declarations may be considered either in addition to or in lieu of the live testimony • the officer who issued the trespass warning or by the person upon whose observation the trespass warning was based. 3, The Hearing Official shall consider the trespass warning and may consider any written or oral sworn testimony • the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the Hearing Official considers relevant and trustworthy. The Hearing Official' may consider information that would not be admissible under the evidence rules in a court of law. 4. The Hearing Official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court, The appellant shall be responsible for serving any subpoena, issued at the appellant's request. • W: Word ProcessingV Clrdinances\Trespass warnings on City property 4-11-17 RBT°bjs Page 5 of 7 13 of this section, "good cause" to rescind, shorten or modify a trespass warnling shall be found where: a. The alleged offender demonstrates to the satisfaction • the Hearing Official or his/her designee that his or her conduct was intended to be e�xpressive conN uct protected by the First Amendment; • b. The offender was not given prior warning that the conduct in question was subject to a trespass warning; • c. The trespass warning was based solely upon the statement of a third party, was not observed personally by the issuing officer or a city or other government employee, would not ordinarily be relied upon by police officers in the determination of probable cause, and the alleged offender claims that he or she did not commit the action for which he or she was warned; or M. In the judgment of the Hearing Official, the circumstances warrant a modification or rescission of the trespass warning. The Hearing Official shall rescind the trespass warning if, considering all the circumstances, he • she finds that reasonable minds could differ • the question of whether the conduct in question was unreasonably disruptive to others • the same City property at t at time. EEMEMEMIN w w W qP W W W w w w w 4 I • 14 M. ys and who accordingly has had the right to a hearing regarding the trespass warning may be arrested for trespassing and is g • a misdemeanor, whiich shall be punishable by a fine of up to $1,000 and/or imprisonment for a term not to exceed 90 M.ys. M. The Chief of Police • his/her designee may upon request authorize an individual who has received a trespass warning in accordance with this chapter to enter City property to exercise his or her First Amendment rights • to conduct government business, if there is no other reasonable alternative, location to exercise such rights or conduct such business. Such authorization must be in writing and specify the duration M f the authorization and any conditions thereof. Section 5. Corrections by City Clerk or Code Reviser. 1p on 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 7 M ther local, state or federal laws, codes, rulesi, or regulations; • ordinance numbering and sectioni/subsection numbering, Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invaliM ity or unconstitutionality shall not affect the validity or constitutionality of the remaininM portions of this ordinance or its application to any other person or situation, Section 7. Effective Date. This ordinance or a summary thereof shall be pub,lished in the o al newspaper of the City, and shall take effect and be in full force five days ?,fter passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this _ day of , 2017 Uys F-�' I N� Christy O'Flaherty, IVIMC, City Clerk 1=� Filed with the City Clerk: Passed by the City Council- Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Trespass warnings on City property 4-11-17 RBT:bjs 15