HomeMy WebLinkAbout4349 OrdinanceORDINANCE NO.q3ql
AN ORDINANCE of the City of Pasco, Washington,
Creating Chapter 9.50 "Notice of Trespass for Public
Property"
WHEREAS, the City recognizes that members of the public have legitimate interests and
rights regarding the use and enjoyment of City -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; and
WHEREAS, the City of Pasco finds that there is a need for the City to adopt a legally
sound process for excluding from City property any individual whose behavior is dangerous,
unsafe, illegal, unreasonably disruptive to others or in any way endangers the public health,
safety, and welfare; and
WHEREAS, the City desires to provide a specific method for the issuance of notices of
civil trespass to such individuals, including placing limitations on civil trespass notices and
providing procedures for such individuals to promptly appeal the issuance of civil trespass
notices; and
WHEREAS, this Ordinance is enacted 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 City -owned property; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 9.50 entitled "Notice of Trespass for Public Property"
of the Pasco Municipal Code shall be and hereby is created and shall read as follows:
Chapter 9.50
NOTICE OF TRESPASS FOR PUBLIC PROPERTY
Sections:
9.50.010
Purpose.
9.50.020
Authorization to issue notice of civil trespass — City employees.
9.50.030
Authorization to issue notice of civil trespass — Law enforcement.
9.50.040
Right-of-way defined.
9.50.050
Limitations on trespass duration.
9.50.060
Service of notice — Content.
9.50.070
Violations — Penalty.
9.50.080
Protected First Amendment activity.
Ordinance Creating 9.50 —
Notice of Civil
Trespass for Public Property - 1
9.50.090
City property closed to the public.
9.50.100
Appeal of notice of civil trespass.
9.50.110
Additional enforcement procedures.
9.50.120
Severability.
9.50.010 PURPOSE. The purpose of this chapter is to adopt a legally sound process
for excluding from City property any individual whose behavior is dangerous, illegal, unsafe, or
unreasonably disruptive to other users while recognizing the rights of individuals to engage in
legitimate activities that may occur on City -owned property. This chapter is enacted as an
exercise of the City's authority to protect and preserve the public health, safety and welfare.
9.50.020 AUTHORIZATION TO ISSUE NOTICE OF CIVIL TRESPASS — CITY
EMPLOYEES. The City employees or officials, or their designees, having control over a City
facility, building, or outdoor area, including municipal parks, are authorized to issue a notice of
civil trespass to any individual who violates any City ordinance, rule or regulation, or
Washington State law or lawful directive of a City employee or official, when such violation was
committed while on or within a City facility, building, or outdoor area, including municipal
parks (but excluding rights-of-way). Notice of civil trespass shall prohibit the violator from
entering in or upon or accessing any portion of the specific property where the violation occurred
during the term of the notice.
9.50.030 AUTHORIZATION TO ISSUE NOTICE OF CIVIL TRESPASS — LAW
ENFORCEMENT. A law enforcement officer is authorized to issue a notice of civil trespass to
any individual who violates any City ordinance, rule or regulation, or Washington State law or
lawful directive of a City employee or official, when such violation was committed while on or
within a City facility, building, or outdoor area, including municipal parks (but excluding rights-
of-way). Notice of civil trespass shall prohibit the violator from entering in or upon or accessing
any portion of the specific property where the violation occurred during the term of the notice.
9.50.040 RIGHT-OF-WAY DEFINED. For the purpose of this chapter, right-of-
way shall include those sidewalks which are closest to a paved street; provided, that the street -
side edge of the sidewalk is within 20 feet of the curb -line closest to the property.
9.50.050 LIMITATIONS ON TRESPASS DURATION. Notices of civil trespass
shall be issued as follows:
A) For the first violation under Section 9.50.030 or 9.50.040, the individual may be
issued a notice of civil trespass for a period not to exceed six (6) months. Any failure to comply
with said notice during this six (6) month term shall be penalized pursuant to Section 9.50.070.
B) For a second or subsequent violation within twenty-four (24) months of the first
notice of civil trespass, the individual may be issued a notice of civil trespass for a period not to
exceed twenty-four (24) months. Any failure to comply with said notice during this twenty-four
(24) month term shall be penalized pursuant to Section 9.50.070.
Ordinance Creating 9.50 —
Notice of Civil Trespass for Public Property - 2
9.50.060 SERVICE OF NOTICE — CONTENT. A copy of the civil trespass notice
shall be provided by certified mail or hand delivery to the individual and to the City employee or
official having control over the City park, facility, building or outdoor area. The written trespass
notice shall advise of the right to appeal and the procedure for filing the appeal.
9.50.070 VIOLATIONS — PENALTY. Any person found on or within any City
facility, building, or outdoor area, including municipal parks, in violation of a notice of civil
trespass may be arrested for trespassing pursuant to PMC 9.54.020, except as otherwise provided
in this chapter.
9.50.080 PROTECTED FIRST AMENDMENT ACTIVITY. The City employee or
official having control over a City facility, building, or outdoor area, including municipal parks,
may authorize an individual who has received a notice of civil trespass 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, shall specify the duration of the authorization and any conditions thereof, and
shall not be unreasonably denied.
9.50.090 CITY PROPERTY CLOSED TO THE PUBLIC. This chapter shall not be
construed to limit the authority of any City employee or official to issue a notice of civil trespass
to any person for any lawful reason for any City property, including rights-of-way, when closed
to general vehicular or pedestrian use. This chapter shall not be construed to limit the
enforcement of Pasco Municipal Code 9.48.045 or 9.54.040.
9.50.100 APPEAL OF NOTICE OF CIVIL TRESPASS. A person to whom
notice of civil trespass is issued under this chapter shall have the right to appeal as follows:
A) An appeal of the notice of civil trespass must be filed, in writing, within ten (10)
calendar days of the issuance of the warning, and shall include the appellant's name, address and
phone number, if any. No fee shall be charged for filing the appeal.
B) The appeal shall be filed with the City Clerk's office.
C) Appeals shall be heard by the Pasco Hearing Examiner.
D) Upon receipt of the appeal by the City Clerk, a hearing on the matter shall be
scheduled with the Pasco Hearing Examiner in accordance with PMC 2.19. Notice of the hearing
shall be provided to the appellant by U.S. first-class mail to the address listed in the written
appeal. If no address is provided, notice shall be sufficient when left at the front desk of the
Pasco police department no less than ten (10) calendar days prior to the scheduled hearing.
E) Copies of documents in the City's control which are intended to be used at the
hearing, and which directly relate to the issuance of the notice of civil trespass to the appellant,
shall be made available upon request to the appellant at no cost.
Ordinance Creating 9.50 —
Notice of Civil Trespass for Public Property - 3
F) The appellant and the City shall have the right to attend with or without an
attorney, the right to testify, to call witnesses, to cross-examine witnesses and to present
evidence. All appeal hearings shall be recorded. The appellant shall have the right to bring a
court reporter at his or her own expense, and/or to commission a transcription of the recording of
the hearing at his or her own expense.
G) The Hearing Examiner shall consider the testimony, reports or other documentary
evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not
apply, but fundamental due process shall govern the proceedings.
H) The City shall bear the burden of proof by a preponderance of the evidence that
the notice of civil trespass was properly issued pursuant to the criteria of this section.
I) If the appellant fails to attend a scheduled hearing, the Hearing Examiner shall
dismiss the appeal and affirm the notice of civil trespass issued by the City.
J) At the conclusion of the hearing, the Hearing Examiner shall consider all the
evidence and render a decision. Within ten (10) business days of the hearing, the Hearing
Examiner shall reduce the decision to writing, a copy of which shall be mailed certified and U.S.
first-class mail to the appellant at the address provided. If no address is provided, a copy of the
decision shall be posted at the front desk of the Pasco Police Department.
K) The decision of the Hearing Examiner shall be final and the appellant shall be
deemed to have exhausted all administrative remedies. An appeal of the Hearing Examiner's
decision must be filed with Franklin County Superior Court no later than 5:00 p.m. on the
fourteenth (14) day following the date the written decision is provided to the appellant either by
mail or by posting as described herein.
L) The notice of civil trespass shall remain in effect during the appeal and review
process, including any judicial review.
9.50.110 ADDITIONAL ENFORCEMENT PROCEDURES. The provisions of
this chapter are not exclusive, and may be used in addition to other enforcement provisions
authorized by the Pasco Municipal Code except as precluded by law.
9.50.120 CONSTRUCTION OF CHAPTER. Nothing in this chapter shall be
construed to prohibit or penalize any activity consisting of the lawful exercise of freedom of
speech, freedom of press and the right to peaceably assemble and petition the government for a
redress of grievances, provided, that such activity neither does nor threatens imminently to
materially disturb or interfere with or obstruct any lawful task, function, process or procedure of
the owner, operator, or other person controlling the premises, or any lawful task, function,
process or procedure of any official, employee or invitee of the owner, operator or controller of
the premises; provided further, that such activity is not conducted in violation of a prohibition or
limitation lawfully imposed by the owner, operator or controller of the premises upon entry or
use of the premises.
Ordinance Creating 9.50 —
Notice of Civil Trespass for Public Property - 4
9.50.130 SEVERABILITY. If any one or more sections, subsections or sentences
of this chapter are held to be unconstitutional or invalid, such decision shall not affect the
validity to the remaining portions of this chapter and the same shall remain in full force and
effect.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of 12017.
Matt Watkins, Mayor
ATTEST:
GY1 tI
Sandy Ke t orthy, Interim City lerk
Ordinance Creating 9.50 —
Notice of Civil Trespass for Public Property - 5
APPROVED AS TO FORM:
a . Kerr, City Attomey