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HomeMy WebLinkAbout400-16POLICY & PROCEDURE Renton Index: Public Works Department Subject: AIRPORT EXCLUSION POLICY Number: 400-16 Effective Date: Supersedes: Page: Staff Contact: Approved y: August 13, 2019 N/A 1 of 8 Gregg Zimmerman ,, ,, r�- 1.0 PURPOSE: The City of Renton Municipal Airport (Airport) is a crucial, thriving infrastructure facility that is very busy throughout each day it is open to the public while allowing for a wide variety of public, private, and professional uses. It is essential for the City to manage the various uses and activity at the Airport to provide for the safety and welfare of all users, tenants and guests. The City of Renton, in order to assist city employees in maintaining public health and safety in and around the Airport, while respecting the constitutional, statutory, and contractual rights of Airport users hereby sets forth policies and procedures governing the expulsion of those who endanger the health, safety, and security of the public, the Airport, Airport users and guests, and real or personal property stored or fixed upon Airport property. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions of the City of Renton and all users and guests of Airport property. 3.0 REFERENCES: RCW Chapter 9A.52; RMC Chapter 1-3; RMC Chapter 2-9; RMC Chapter 6-30; RMC Chapter 6-31; Washington State Constitution: Article I, Article XI; United States Constitution: First, Fourth, and Fourteenth Amendment(s). 4.0 POLICY: It is the policy of the City of Renton to maintain a clean, safe, and healthy environment at the Renton Municipal Airport for the health, safety, and well-being of all city employees, businesses and their customers, as well other visitors by requiring all users and guests of the Airport to comply with applicable laws, rules, and regulations and provide a mechanism by which those who engage in conduct that threatens the health, safety, and welfare of City employees, tenants, guests, or other users of the Airport may be Expelled. The City of Renton will enforce its laws, regulations, and this policy objectively and without discrimination. This policy may be used in conjunction with any other legal remedies the City has, including but not limited to criminal prosecution and contractual remedies. Expelled persons shall be given written notice including the reasons for the expulsion and a right to appeal. 5.0 DEFINITIONS: 5.1 "Airport" means the Renton Municipal Airport and any facility, structure, or land owned, maintained, or operated by the City of Renton that is south of Lake Washington, east of Rainier Avenue North, north of Airport Way, and east of the Cedar River. 5.2 "Airport Official" means the City of Renton Airport Manager, or his or her written designee. 5.3 "Expel" or "Expulsion" refers to the act of excluding, banning, or trespassing a person from the Airport, or any portion thereof, for a period of time during which the public or the individual would otherwise be allowed to be at the Airport. For the purpose of this policy, expulsion does not refer to instances in which a person is ordered or requested to leave an area in which the public or that individual otherwise has no right or permission to be. 5.4 "Flying Objects" means the hurling, propelling, or flying any airborne device or other missile, including model airplanes, radio operated airplanes, drones or other levitating devices; 5.5 "Good cause to believe" means the facts and circumstances within the issuer's knowledge that would cause a reasonable person to believe that the person to be expelled has violated an Airport rule or regulation, or has violated a City, State, or federal law. 5.6 "Hearing Officer" means the Public Works Administrator, or his or her designee. 5.7 "Law" means a City of Renton ordinance or resolution or a state or federal statute. 5.8 "Level I Violation(s)" are violations for which a person may be expelled from Airport Property for up to one year. Such violations may include a person's violation of law, regulation, or other behavior that is deemed to pose a significant threat to the health, safety, and welfare of the Airport, its users, guests, and/or tenants so that continued use of the Airport by such person at any point in the foreseeable future is likely to cause the Airport's users and/or employees to reasonably fear for the safety and security of themselves, others, Airport Property and/or the efficient and safe operation of the Airport. Level I violations may take into account a pattern of conduct or behavior which taken together justify a long-term expulsion. 5.9 "Level II Violation(s)" are violations for which a person may be expelled from Airport Property for up to 30 days. Such violations may include a person's violation of law, regulation, or other behavior that is deemed to pose a threat to the health, safety, and welfare of the Airport, its users, guests and/or tenants so that continued use of the Airport by such person within the immediate and short term future is likely to cause the Airport's users and/or employees to reasonably fear for the safety and security of themselves, others, Airport Property and/or the efficient and safe operation of the Airport. 5.10 "Preponderance of the evidence" means more probably than not. 5.11 "Public Works Administrator" means the current or acting Administrator of the City of Renton Public Works Department. 5.12 "Sexual act" means any act of indecent exposure as that term is defined in RCW 9A.88.010, as now or hereafter amended; any lewd act as that term is defined in RMC 6-18-18 as now or hereafter amended, or any sexual conduct as that term is defined in RCW 16.52.205(8)(b), as now or hereafter amended. 6.0 TYPES OF EXPULSIONS: 6.1 LEVEL I VIOLATIONS: The Airport Official or any police officer may order the Expulsion of any person from the Airport for a period up to one (1) year for Level I violations. Generally, the Airport Official and police officers have authority to use discretion in determining based upon all surrounding circumstances whether behavior or conduct satisfies the definition of a Level I Violation. However, for purposes of guiding such discretion, the following behavior is presumed to satisfy the definition of a Level I Violation: 6.1.1 Commission of any crime on Airport Property that involves threats of harm or actual harm, damage, or pain to any person or property; 6.1.2 Commission of a violation of state controlled substance laws; 6.1.3 Brandishing or use of any weapon in a threatening or unlawful manner; 6.1.4 Commission of a sexual act, as that term is defined herein; 6.1.5 Commission of theft, fraud, or forgery; 6.1.6 Intentional causation of damage, including graffiti, to any Airport structure, facility, or personal property located within the Airport property; or 6.1.7 Repeated willful refusals to comply with lawful order or request of City staff or those otherwise authorized to manage the use and operation of Airport property or any portion thereof. 6.2 LEVEL II VIOLATIONS: The Airport Official or any police officer may order the Expulsion of any person from the Airport for a period up to thirty (30) days for Level II violations. Generally, the Airport Official and police officers have authority to use discretion in determining based upon all surrounding circumstances whether behavior or conduct satisfies the definition of a Level I Violation. However, for purposes of guiding such discretion, the following behavior is presumed to satisfy the definition of a Level II Violation: 6.2.1 Commission of any crime on Airport Property that is not a Level I violation; 6.2.2 Sale or use of alcohol or marijuana except in locations commercially licensed or by the State of Washington for such use; 6.2.3 Entry, use, or occupancy of any portion of Airport property which is closed or otherwise not open for such person's use; 6.2.4 Camping and Overnight Stays prohibited (No erecting a tent or other enclosed shelter or to arrange bedding, or both, on Airport property; no parking a camp trailer, camper or other vehicle to be used as a shelter at any time); ' 6.2.5 Operation of any drone or Flying Objects except as authorized and in compliance with Airport Rules, Regulations and Minimum Standards; 6.2.6 Willful refusals to comply with lawful order or request of City staff or those otherwise authorized to manage the use and operation of Airport property or any portion thereof; 6.2.7 Littering is prohibited (Littering includes throwing or depositing any refuse or other material, except in designated receptacles; taking garbage or refuse generated outside Airport property to the Airport for disposal; unlawfully dumping yard waste, litter, or debris on Airport property); 6.2.8 Parking beyond posted time limits, parking where not authorized, and parking overnight without authorization is prohibited; 6.2.9 Other violations of law may lead to expulsion from the Airport. 6.3 DURATION OF EXPULSION: In determining the length of Expulsion, the Airport Official, police officer, or Hearing Officer may impose less than the maximum duration if he/or she believes the health, safety, and welfare threat may be adequately addressed with less than a maximum duration Expulsion. 7.0 EXPULSION PROCEDURES: 7.1 CONFRONTING VIOLATORS: Airport staff should not confront suspected violators when doing so would be unsafe or likely to lead to abusive or threatening behavior. In such circumstances, Airport staff should call 911 for police officer assistance. 7.2 EXPULSION NOTICE: A notice of expulsion shall be given to any person violating the terms of this policy upon his or her expulsion from the Airport. The expulsion notice shall: 7.2.1 Be in writing and signed by the individual issuing it; 7.2.2 Contain the date of issuance, a description of the violation that the person is alleged to have committed, and a citation to the code, statute, or rule violated (if applicable); 7.2.3 Specify the length and places from which the violator is expelled; 7.2.4 Set out the method for appealing the notice; and 7.2.5 Prominently display a warning that violation of the Notice may lead to criminal prosecution for trespassing, including the maximum penalty for such conviction. 7.3 PREDEPRIVATION OPPORTUNITY TO BE HEARD: When feasible and safe to do so, the Airport Official or police officer should provide the person being expelled an opportunity to explain his/her behavior so as to exculpate or mitigate the offense and inform the Airport Official's categorization and/or determination of the violation. 7.4 VALIDITY OF EXPULSION NOTICE: The expulsion notice shall be deemed to be effective as of the date and time it is issued. The person being expelled need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for an expulsion notice to be valid. The expulsion shall remain in effect during the pendency of any administrative or judicial proceeding unless explicitly stayed pending appeal. 7.5 ADMINISTRATIVE APPEAL: A person receiving an expulsion notice for an expulsion of ten (10) days, or longer, may file an appeal to have the expulsion notice rescinded or the duration of the expulsion shortened. The requirements of an appeal are as follows: 7.5.1 The appeal must be in writing, provide the appellant's current contact information, and shall be accompanied by a copy of the expulsion notice that is being appealed. 7.5.2 The written notice of appeal must be given to the Public Works Administrator (or Airport Official), postmarked no later than seven (7) calendar days after the issuance of the expulsion notice. 7.6 HEARING PROCEDURES 7.6.1 The Public Works Administrator or his or her designee (hereinafter "Hearing Officer") shall: 7.6.1.1 Notify the appellant of the hearing date, time, and location; 7.6.1.2 Conduct a hearing within ten (10) business days of receipt of the notice of appeal; and 7.6.1.3 Issue a ruling upholding, rescinding, or shortening the duration of the expulsion no later than five (5) business days after the hearing. 7.6.2 The Hearing Officer shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the expulsion notice, without further evidentiary foundation. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption. 7.6.3 The Hearing Officer shall consider the expulsion notice and may consider any written or oral sworn testimony of the appellant or witnesses, as well as physical, pictorial, or demonstrative evidence offered by the appellant that the Hearing Officer considers relevant and trustworthy. The Hearing Officer may consider information that would not be admissible under the rules of evidence in a court of law. 7.6.4 The Hearing Officer may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Officer 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. 7.6.5 If, after the hearing, the Hearing Officer is persuaded by a preponderance of the evidence that the violation did occur, the expulsion notice shall be upheld. Upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing Officer may shorten the duration of the expulsion. If, however, the violation is not proven by a preponderance of the evidence, then the Hearing Officer shall rescind the expulsion. If the Hearing Officer rescinds an expulsion, the expulsion shall not be considered a prior expulsion for purposes of Section 6.3 of this policy. 7.6.6 The decision of the Hearing Officer is final. 7.6.7 No determination of facts made by the Hearing Officer under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. 7.6.8 In no event will the Hearing Officer be a person who is subordinate to the person who issued the expulsion notice.