HomeMy WebLinkAboutORD 5533CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5533
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI
(POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A
NEW CHAPTER 30, ENTITLED "EXPULSION FROM CITY PARKS", TO AUTHORIZE
ADMINISTRATIVE SUSPENSION OF PARK USE BY INDIVIDUALS WHO VIOLATE
LAWS AND PARK RULES AND REGULATIONS IN THE PARKS; AUTHORIZE
HEARINGS ON THOSE SUSPENSIONS; DEFINE THE CRIME OF TRESPASS IN
PARKS; AND ESTABLISH THE PENALTY THEREFOR.
WHEREAS, the City of Renton currently operates and maintains thirty-one (31) parks,
nine (9) trails, eleven (11) open space areas, one (1) golf course, one (1) aquatic center, and
sixteen (16) recreation buildings (hereinafter, collectively, "Parks"); and
WHEREAS, the City of Renton Community Services is a nationally accredited agency; and
WHEREAS, the City's Parks, represent 80% of its public lands; and
WHEREAS, unlawful and inappropriate behavior in the City's Parks diminishes these
precious assets and deprives citizens of the full use and enjoyment of the natural beauty,
recreational opportunities and peaceful repose that parks are intended to preserve in an urban
setting; and
WHEREAS, in addition to more serious criminal acts that threaten personal injury and
property damage, a wide range of prohibited or disorderly behavior can transform a Park into
an unwelcoming, unattractive and ultimately unsafe public space requiring increased
expenditures for public safety and maintenance; and
WHEREAS, the City of Renton has had to increase law enforcement activity in its Parks
to combat violence, drug dealing, and sexual activity; and
ORDINANCE NO. 5533
WHEREAS, the laws and Park Rules and Regulations (hereinafter "Park Rules") that are
intended to preserve and protect the Parks for the benefit of all are effective only if those who
use the Parks obey them. The current criminal and civil penalties for violating the law are
frequently inadequate alone to deter illegal behavior, prevent its recurrence or provide for the
removal of the offender from the Park; and
WHEREAS, compliance with the law and Park Rules, will be enhanced by the immediate
administrative sanction of expelling from the City's Parks those who violate the law or Park
Rules, and for repeat offenders and for more serious offenses, expulsion for an extended period
of time will provide a necessary additional remedy to protect the Parks; and
WHEREAS, due to the geographic proximity of Parks, the similarity of some Park
functions and the potential displacement of illegal behavior from one Park to another, it is
necessary to provide for expulsion from all Parks when expulsion from one Park is warranted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Title VI, Police Regulations, of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington", is hereby amended to add a new
chapter, 30, entitled "Expulsion From City Parks", to read as follows:
CHAPTER 30
EXPULSION FROM CITY PARKS
SECTION:
6-30-1
6-30-2
6-30-3
6-30-4
Definitions
Expulsion Notices
Administrative Appeal
Administrative Hearing
6-30-5 Trespass in Parks - Definition - Punishment
ORDINANCE NO. 5533
6-30-1 DEFINITIONS:
Unless the context clearly requires otherwise, the definitions in this Section
shall apply throughout this Chapter:
A. Good Cause to Believe means: facts and circumstances within the issuer's
knowledge that would cause a reasonable person to believe that the person to
be expelled has violated a park rule or regulation, or has violated a city or state
law.
B. Park shall include: The parks, trails, open space areas, golf course, and
recreation buildings owned, operated, and/or maintained by the City of Renton.
C. Director shall include: The Facilities Director, Parks and Golf Course
Director, Parks Planning and Natural Resources Director, and Recreation
Director.
D. Sexual Act is: 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.
E. Open Space is: A non-developed physical area, including but not limited
to natural areas and wetlands, that provides visual relief from the built
environment for environmental, scenic, or recreational purposes.
6-30-2 EXPULSION NOTICES:
A. The Director or his or her designee (hereinafter "Park Official") or police
officer may order the expulsion of any person from all Parks for a period up to
ORDINANCE NO. 5533
one (1) year if the Park Official or police officer has good cause to believe such
person, while in any Park:
1. Has been expelled from a Park two (2) or more times in any 30-day
period;
2. Has been expelled from a Park three (3) or more times in any 90-day
period;
3. Committed an assault upon another person;
4. Sold or used alcohol;
5. Sold, possessed or used illegal drugs;
6. Brandished or used any weapon;
7. Committed a sexual act, as that term is defined herein;
8. Committed a theft that may be punished as a Class A felony as
defined in RCW 9A.56.030 or a Class B felony as defined in RCW 9A.56.040; or
9. Caused damage, including graffiti, to any park property.
B. The Park Official or any police officer may order the expulsion of any
person from all Parks for a period up to seven (7) days when he or she has good
cause to believe that said person has violated any Park Rule or Regulation or any
city or state law, other than the violations identified in RMC 6-30-2A, above.
C. The expulsion notice shall:
1. Be in writing and signed by the individual issuing it;
2. Contain the date of issuance, the violation that the person is alleged
to have committed, and a citation to the code, statute, or park rule violated;
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3. Specify the length and places of expulsion;
4. Set out the method for appealing the notice; and
5. Prominently display a warning of the consequences for failure to
comply with the notice.
E. 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 issued or effective.
6-30-3 ADMINISTRATIVE APPEAL:
A. A person receiving an expulsion notice for an expulsion of seven (7) days,
or longer, may file an appeal to have the expulsion notice rescinded or the
duration of the expulsion shortened.
B. The appeal must be in writing, provide the appellant's current address,
and shall be accompanied by a copy of the expulsion notice that is being
appealed.
C. The written notice of appeal must be sent to the Community Services
Administrator, postmarked no later than seven (7) calendar days after the
issuance of the expulsion notice.
D. The expulsion shall remain in effect during the pendency of any
administrative or judicial proceeding.
E. This chapter shall be enforced so as to emphasize voluntary compliance
with laws and Park Rules, and so that inadvertent minor violations of Park Rules
and Regulations can be corrected without resort to an expulsion notice.
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6-30-4 ADMINISTRATIVE HEARING:
A. The Community Services Administrator or his or her designee
(hereinafter "Hearing Official") shall:
1. Notify the appellant of the hearing date, time, and location;
2. Conduct a hearing within ten (10) business days of receipt of the
notice of appeal; and
3. Issue a ruling upholding, rescinding, or shortening the duration of the
expulsion no later than five (5) business days after the hearing.
B. The Hearing Official 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.
C. The Hearing Official shall consider the expulsion notice and may consider
any written or oral sworn testimony of 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.
D. 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
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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.
E. If, after the hearing, the Hearing Official is persuaded on a "more
probable than not" basis 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 Official may
shorten the duration of the expulsion. 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 an expulsion, the expulsion shall not be
considered a prior expulsion for purposes of RMC 6-30-2A, above.
F. The decision of the Hearing Official is final.
G. No determination of facts made by the Hearing Official 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.
H. In no event will the Hearing Official be a person who is subordinate to the person
who issued the expulsion notice.
6-30-5 TRESPASS IN PARKS - DEFINITION - PENALTIES:
A. It is unlawful for any person to:
1. Enter or remain in any Park during the period covered by an expulsion
notice pursuant to RMC 6-30-2, above; or
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2. Enter, remain in, or be present within the premises of a Park during
hours that the Park is not open to the public.
B. It is not a defense to the crime of trespass in parks:
1. That the underlying expulsion issued pursuant to this chapter is on
appeal when the expelled person was apprehended, charged, or tried under this
section; nor
2. That the expelled person entered or remained in the Park pursuant to
a permit that was issued either before or after the date of the expulsion notice.
C. Any person who violates the provisions of this chapter shall be guilty of a
misdemeanor and may be punished by a fine in any sum not to exceed one
thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety
(90) days, or by both such fine and imprisonment.
SECTION II. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
SECTION III. This ordinance is effective upon its passage, approval and thirty (30) days
after publication.
PASSED BY THE CITY COUNCIL this 15 day of March , 2010.
Bonnie I. Walton, City Clerk
ORDINANCE NO. 5533
APPROVED BY THE MAYOR this 15 day of March 2010.
'/1{,-(X^ /v/&
Denis Law, Mayor
Approved as to form:
TJWC
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Lawrence J. Warren, City Attorney \ o
Date of Publication: 3/19/2010 ( summary)
ORD:1584:3/2/10:scr
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