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HomeMy WebLinkAbout100-201.0 PURPOSE: The City of Renton owns, leases, operates, and manages real and personal property and facilities throughout the City (“City Property”). In addition to being used by authorized City employees, contractors, or invited guests, s ome City Property is intended to be open to use by some or all members of the public for limited uses during specified times while other property is not intended to be open to any general public uses. To protect City Property and the health and welfare of authorized users of City Property, it is essential for City staff who manage, operate, and maintain City Property to establish behavioral expectations, rules and conditions for public use of City Property and restrict access to those who are not authorized or violate behavioral rules and expectations for use of City Property. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions of the City of Renton and all users and guests of City Property. 3.0 REFERENCES: RCW Chapter 9A.52; RMC Chapter 1-3; Policy 400-16 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: POLICY & PROCEDURE Subject: CITY PROPERTY EXCLUSION POLICY Index: ADMINISTRATION Number: 100-20 Effective Date: November 9, 2022 Supersedes: N/A Page: 1 of 8 Staff Contact: Chief Administrative Officer Approved By: It is the policy of the City of Renton to maintain a clean, safe, and healthy environment upon City Property for the health, safety, and well-being of employees and all authorized users of City Property by requiring all users and guests of City Property 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 authorized users of City Property may be Expelled. The City of Renton will enforce its laws, regulations, and behavioral expectations 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. If this Policy conflicts with a more specific law or policy addressing specific City property, the more specific policy or law shall apply to the extent necessary to reconcile the conflict. 5.0 DEFINITIONS: 5.1 “City Property” means any real or personal property owned, leased, licensed, operated, managed or controlled by the City of Renton. 5.2 “Authorized Official” means the City’s Mayor, Chief Administrative Officer, Deputy Chief Administrative Officer, or any City Administrator, any employees temporarily acting in an Administrator’s capacity during an absence, or the Administrator’s written designees. 5.3 “Expel” or “Expulsion” refers to the act of excluding, banning, or trespassing a person from use of or access to a specified portion of City Property f or a period of time during which the public or the individual would otherwise be allowed to use or access the specified City Property. For the purpose of this policy, expulsion is not a condition precedent to finding that a person is guilty of trespassing on City Property in instances in which a person has no general right or permission to use or be present on the City Property. Such persons are subject to charges for trespass without application of the expulsion process and may be ordered by any City employee to immediately leave the area in which they are not authorized without any finding of other misconduct. 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 a rule, regulation, behavioral expectation, or has violated a City, State, or federal law. 5.6 “Hearing Officer” means the Chief Administrative Officer, 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 City 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 City, its users, guests, and/or tenants so that continued use of the City Property by such person at any point in the foreseeable future is likely to cause the City Property’s users and/or employees to reasonably fear for the safety and security of themselves, others, City Property and/or the efficient and safe operation of the City Property. 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 City 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 City, its users, guests and/or tenants so that continued use of the City Property by such person within the immediate and short term future is likely to cause the City Property’s users and/or employees to reasonably fear for the safety and security of themselves, others, City Property and/or the efficient and safe operation of the City Property. 5.10 “Preponderance of the evidence” means more probable than not. 5.11 “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, or any other obscene or lewd act or gesture that causes reasonable offense to users of City Property, including but not limited to the display of obscene images or pornography to others without their permission or in an area where they are likely to be seen by another without his or her consent. 6.0 TYPES OF EXPULSIONS: 6.1 LEVEL I VIOLATIONS: The Authorized Official or any police officer may order the Expulsion of any person from the City Property for a period up to one (1) year for Level I violations. Generally, the Authorized 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 City 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 Using or threatening to use a weapon in an unlawful or threatening manner, regardless of whether such threat is actually carried out or capable of being carried out. 6.1.7 Intentional causation of damage, including graffiti, to any City structure, facility, or personal property located within the City Property; or 6.1.8 Repeated willful refusals to comply with lawful order or request of City staff or those otherwise authorized to manage the use and operation of City Property or any portion thereof. 6.2 LEVEL II VIOLATIONS: The Authorized Official or any police officer may order the Expulsion of any person from the City Property for a period up to thirty (30) days for Level II violations. Generally, the Authorized 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 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 City 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 City Property which is closed or otherwise not open for such person’s use; 6.2.4 Operation of any drone or Flying Objects except as authorized and in compliance with City Property Rules, Regulations and Minimum Standards; 6.2.5 Willful refusals to comply with lawful order or request of City staff or those otherwise authorized to manage the use and operation of City Property or any portion thereof; 6.2.6 Littering is prohibited (Littering includes throwing or depositing any refuse or other material, except in designated receptacles; taking garbage or refuse generated outside City Property to the City Property for disposal; unlawfully dumping yard waste, litter, or debris on City Property); 6.2.7 Parking beyond posted time limits, parking where not authorized, and parking overnight without authorization is prohibited; 6.2.8 Damaging or threatening to damage or harm to City Property or users of City Property; 6.2.9 Using or threatening to use a weapon in an unlawful or threatening manner, regardless of whether such threat is actually carried out or capable of being carried out. 6.2.10 Harassing, bullying, berating, or otherwise causing a hostile environment for any City employee, volunteer, contractor, tenant, or other authorized user of City Property. This includes, but is not limited to, any unwelcome conduct that threatens or causes physical or emotional harm, interferes with or is intended to interfere with the ability of a person to perform their job, obtain services, or otherwise use City Property in a legally authorized manner. If this behavior is based upon or targeted towards an individual’s protected class (e.g. race, color, religion, sex, gender, national orientation, age, sexual orientation, disability), it may be considered a Level I violation. 6.2.11 Other violations of law may lead to expulsion from the City Property. 6.3 DURATION OF EXPULSION: In determining the length of Expulsion, the Authorized 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. 6.4 IMMEDIATE TEMPORARY EXPULSION: Any City employee may orally order an individual to immediately leave or stop using a specific City Property or portion thereof for a period of no longer than twenty-four hours without following the expulsion notice requirements herein if the City employee determines the individual's conduct is (a) creating a health or safety threat to other users of the City Property, (b) threating or damaging the property itself, or (c) disrupting or interfering with City services or the lawful conduct of City employees or City Property users. Such immediate temporary expulsion should be ordered when an employee reasonably determines an immediate expulsion is necessary to deescalate the situation or otherwise protect the City Property and its users. If the person ordered to leave or stop using the City Property fails to comply with the order, the City employee should call 911 and seek police assistance. 6.5 SCOPE OF EXPULSION: The scope of an expulsion in terms of times and locations a person is excluded from places otherwise open to the public should be reasonably limited to address the threat created by the person’s behavior and not unreasonably deprive the person’s access to City or other public services. 7.0 EXPULSION PROCEDURES: 7.1 CONFRONTING VIOLATORS: City staff should not confront suspected violators when doing so would be unsafe or likely to lead to abusive or threatening behavior. In such circumstances, City 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 City Property. 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 of time and specific 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 Authorized 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 Authorized 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 delivered to the City Clerk by delivering the notice in person to the City Clerk’s Office or other location as may be designated for receipt or 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 unless an extension is requested by the appealing party; and 7.6.1.3 Issue a ruling upholding, rescinding, shortening the duration of , and/or limiting the scope 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 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 and/or modify the scope 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. 7.6.5 The decision of the Hearing Officer is final. 7.6.6 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. 7.6.7 In no event will the Hearing Officer be a person who is subordinate to the person who issued the expulsion notice.