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Home My WebLink AboutCOW 2017-06-26 Item 3C - Ordinance - Trespass Warnings on City Property511 ...... . ITIi"AINO. 3.C. S'I',\I,'I; SP()NSoi : RICK MITCHaELL/KRAIG BOYD 10RI(;INAL A(,WN'1)A DXH,': 6/26/17 _Md'NI)A 111, I I Trespass Ordinance for City Property — --F- Disao'Sion E] Ablion ❑ Resolulion E Ordinance F� Wei,, bvanl F-1 ) lublic I learin,' F'� 01ber 2' () ,11a�Dalt,06'126'117 W�gDale Ahj� Dar A71ofa/e 7117117 Owe I/? Dale Afag Date - ------------- -- . ................ .. -,", . ... .. .............. -,", ................ ......... .............m_ 01." 1 1 nance —IT' ZPolice 11PIV/ EIC'wld SPONSOR E]Coun,il E]A4q),or E]HR OD(J) Ell'ire 1 3 EIMZ—V S11()NS0R'S Several complaints received regarding criminal behavior in the city parks and on city property. Currently the Trespass ordinance for city property is enforceable by civil infraction only. The intent is to create greater enforcement tools to guarantee the rights of all citizens to use city property as intended by design. The Council is being asked to consider and approve the ordinance. M"A"trAx"Im ]w 0 co.\v imtg. E] (J')N Comm E] Finatice Comm. F)ublic Safety �� viii 3.C. S'I',\I,'I; SP()NSoi : RICK MITCHaELL/KRAIG BOYD 10RI(;INAL A(,WN'1)A DXH,': 6/26/17 _Md'NI)A 111, I I Trespass Ordinance for City Property — --F- Disao'Sion E] Ablion ❑ Resolulion E Ordinance F� Wei,, bvanl F-1 ) lublic I learin,' F'� 01ber 2' () ,11a�Dalt,06'126'117 W�gDale Ahj� Dar A71ofa/e 7117117 Owe I/? Dale Afag Date - ------------- -- . ................ .. -,", . ... .. .............. -,", ................ ......... .............m_ 01." 1 1 nance —IT' ZPolice 11PIV/ EIC'wld SPONSOR E]Coun,il E]A4q),or E]HR OD(J) Ell'ire 1 3 EIMZ—V S11()NS0R'S Several complaints received regarding criminal behavior in the city parks and on city property. Currently the Trespass ordinance for city property is enforceable by civil infraction only. The intent is to create greater enforcement tools to guarantee the rights of all citizens to use city property as intended by design. The Council is being asked to consider and approve the ordinance. M"A"trAx"Im ]w 0 co.\v imtg. E] (J')N Comm E] Finatice Comm. F)ublic Safety ED']Iran: &Infrastructure ❑ its Comm. F Parks COMM. Planning COMM. i),vi,r": 6/19/17 C TITHCHAIR: MILE OD 'ONINII -1 1 RECOMMENDATIONS: SP()NS()R/AI),\HN. Police Department Unanimous Approvall; Forward to Committee of the Whole COST IMPACT / FUND SOURCE I �".\A I I °'N 1) FYU R I . 1Z FQ U I R 1 -1 1) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I, REC-ORD OF COUNCIL ACTION 6/26/17 MTG. DATE ATTACHMENTS 6/26/17 Informational Memorandum dated 6/5/17 ordinance in draft form Minutes from the Public Safety Committee Meeting of 6/19/17 7/17/17 35 36 Mt of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM a7jNZE= 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 design. 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 37 DRAFT WHEREAS, the City recognizes that members of the public have legitima - interests and rights regarding the use and enjoyment of City owned or operat property, as well as certain rights protected by the United States Constitution and go o o • d t Washintn State Cnstitutin an laws, incluing, but n o t limit ed t • ,, the ri • ht t o pe titi ihe government, the right to assembly, and the right to access sources of infoirmati il or and WHEREAS, there is a demonstrated need for the City to adopt a legally sound I 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 warnings; and WHEREAS, this ordinance is enacted as an exercise of the City's authority to protect and preserve, the public healthi, safety and welfare, while recognizing the rights of indduals 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 • 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 lOrd ina n ces\Trespa ss warnings on City property 4-11-17 RBT:bjs Page 1 of 7 W CHAPTER 8.23 TRESPASS WARNINGS ON CITY PROPERTY Sections: 821010 Purpose, Authority, and Applicability 8.23.020 Definitions 8.23,0 30 Trespass Warnings on City Property Section 2. Regulations Established. TMC Section 8.23.010, "Purpose, Authority, and Applicability," is hereby established to read as follows: A, The purpose of this chapter is to adopt a legally sound process for being able IT exclude from City owned or operated property individuals whose behavior is dangerou unsafe, illegal, or unreasonably disruptive to other users. It is further the purpose of th chapter to provide for a specific method to allow for the issuance of trespass warnin. to such individuals, including placing limitations on trespass warnings and providi procedures for such individuals to promptly appeal the issuance of trespass warnings order to protect their right to engage in legitimate activities protected • the state a federal constitutions. I 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; or 8 0 1 • i - MIIM 01411MIM 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 consideration of 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: 1. Use of unreasonably hostile or aggressive language or gestures; or 2. Unreasonably loud vocal expression or unreasonably boisterous physical behavior; or 3. Using electronic or other communication d,- • w disruptive to others; or 4. Unreasonably interfering with the free passage of staff or patrons in or on City property; or 5. Behavior that is unreasonably inconsistent with the use for which the City property was designed and intended to be used (e.g., bathing, shaving, or washing clothes in a public bathroom ♦ skateboarding in a public 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 8.23.0 0, "Trespass Warnings on City Property," is hereby established to read as follows: 8.23.0 30 Trespass Warnings on City Property A. 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 or within any City property, as more specifically set forth in TIVIC Section 8.23.010.C. W� Word Processing\Ordinances\Trespass warnings on Cfty property 4-11-17 RBTbjs Page 3 of 7 41 C. The offender need not be charged, tried, or convicted of any crime • 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. "M V W W ♦• so M I 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 dxpulsion shortened. 2. The appeal must be in writing, provide the appellant's current address, and Oall 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 ProcessingtOrdinancesMespass warnings on City property 4-11-17 RBT:bjs Page 4 of 7 FIX 4. The trespass warning shall remain in effect during the pendency of any ?• ministrative or judicial proceeding. 0 The City Administrator or his or her designee (hereinafter "Hearing Official") am IIIIINIIIIIIINIIII! III I I • III III III, I I - oil: • wl c. Issue a ruling upholding, rescinding, or shortening the duration of the expulsion set forth in the trespass warning no later than 5 business days after the hearing. 2. The Hearing Official may cons,ider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the officer who issued the trespass warning • by 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 of 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 consid-" ,?ny written • oral sworn testimony • the appellant • witnesses, as well as pictorial ,temonstrative evidence offered by the appellant that the Hearing Official conside relevant and trustworthy. The Hearing Official may consider information that would n admissible under the evidence rules in a court o I w- 4. The Hearing Official may issue subpoenas for the attendance of witnesses and the production • 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. 5. If, after the hearing, the Hearing Official is persuaded on a "more probable than not" basis that the violation did o�ccur, the trespass warning shall be upheld, For good cause, or upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing! Official may shorten the duration of the expulsion set forth in the trespass warning. If, however, the violation is not proved on a "more probable than not" basis, then the Hearing Official shall rescind the expulsion. If the Hearing Official rescinds a trespass warning, the trespass warning shall not be considered a prior expulsion for purposes of this this chapter. For purposes W; Word Processing\OrdinancesMespass warnings on City property 4-11-17 RBTbjs Page 5 of 7 43 of this section, "good cause" to rescind, shorten • modify a trespass warning shall be found where: a. The alleged offender demonstrates to the satisfaction of the Hearing Official or his/her designee that his or her conduct was intended to be expressive conduct protected by the First Amendment; or b. The offender was not given prior warning that the conduct in question was subject to a trespass warning; or c. The trespass warning was based solely upon the statement of a third N, rty, 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 • she was warned; or d. 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 or she finds that reasonable minN s could differ on the question of whether the conduct in question was unreasonably disruptive to others on the same City property at that time. 6. The decision of the Hearing Official is final. F E. N. and who accordingly has had the right to a hearing regarding the trespass warning may be arrested for trespassing and is guilty of a misdemeanor, whiich shall be punishable by a fine of up to $1,000 and/or imprisonment for a term not to exceed •0 days. M. The Chief • Police or his/her designee may upon request authorize individual who has received a trespass warning in accordance with this chapter to e,nt City property to exercise his or her First Amendment rights • to conduct governme business, if there is no other reasonable alternative location to exercise such rights conduct such business. Such authorization Must be in writing and specify the durati of the authorization and any conditions thereof, r 1 11111111 1 1 1 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 • clerical errors; references to other local, state or federal laws, codes, rules, • regiulations,- or ordinance numbering and section/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 invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance • its application to any other person • situation, Section 7. Effective Date. This ordinance • a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after 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. FTAI I FA 6a l=' Christy OI'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY* Filed with the City Clerk: Passed by the City Council: Published, Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W Word Processing\OrdinancesNTrespass warnings on Cfty property 4-111-17 R13Ttis Page 7 of 7 45 FA F. ho PUBLIC SAFETY COMMITTEE • . f 1 • Citv Council Public Safetv Committee Meeting Minutes June 19, 2017 - 5:00 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn Staff: Bob Giberson, Rick Mitchell, Kraig Boyd, Jay Wittwer, Vicky Carlsen, Sherry Wright, Rachel Bianchi, Laurel Humphrey, Mike Villa, Joseph Todd Guest: Chris Neubeck, AXON Enterprise, Inc. CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:00 p.m. I. ANNOUNCEMENT II. BUSINESSAGENDA A. Fire Station 51 Location FAQ Staff presented a Frequently Asked Questions document summarizing why the location for Station 51 has already been identified in the Public Safety Plan in response to a request previously made by the Public Safety Committee. The location for Station 51 will be at the intersection of Southcenter Parkway and South 1801h Street pursuant to a 2009 Development Agreement with Segale Properties, LLC as part of the plan to annex and develop the Tukwila South area. Committee members indicated that the document satisfies the request and staff will make it available to other Councilmembers and the public. DISCUSSION ONLY. B. Ordinance: Trespass Warnings on City Property Staff is seeking Council approval of an ordinance that would adopt a new chapter of the Tukwila Municipal Code to define prohibited behavior on City property and establish a process for enforcement. The ordinance would applyto all City property including buildings, open spaces, and parks. The current trespass ordinance is enforceable by civil infraction only and has not been effective in curbing the daily violations that occur in City parks and other properties. The ordinance is not intended to target the homeless, but will apply to any individual or group engaged illegal behavior. The City and the Police Department have procedures in place when homelessness is suspected, including outreach and resource assistance, and this new code would not change that. Councilmember Quinn expressed the need to update park signage along with a comprehensive communication rollout so that the community is aware of the changes. He also mentioned the cost impact of increased misdemeanor charges. Staff indicated there would also be likely cost savings due to decreased property damage in parks and other areas. UNANIMOUS APPROVAL. FORWARD TO JUNE 26, 2017 COMMITTEE OF THE WHOLE. EYA