HomeMy WebLinkAboutORD 5587CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5587
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 31, ENTITLED "REGULATION OF CONDUCT AT TRANSIT CENTER",
TO ESTABLISH CONDUCT REGULATIONS FOR THE TRANSIT CENTER; ESTABLISH
VIOLATIONS OF TRANSIT CENTER CONDUCT REGULATIONS AND ESTABLISH THE
PENALTIES THEREFOR; TO AUTHORIZE ADMINISTRATIVE EXPULSION FROM THE
TRANSIT CENTER OF INDIVIDUALS WHO VIOLATE TRANSIT CENTER CONDUCT
REGULATIONS; AND AUTHORIZE HEARINGS ON THOSE EXPULSIONS.
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 31, entitled "Regulation of Conduct at Transit Center", to read as follows:
CHAPTER 31
REGULATION OF CONDUCT AT TRANSIT CENTER
SECTION:
6-31-1 Definitions
6-31-2 Violation
6-31-3 Expulsion
6-31-4
6-31-5
6-31-6
6-31-7
Administrative Appeal
Administrative Hearing
Penalties
Discretion of Law Enforcement
6-31-1 DEFINITIONS:
For purposes of this Chapter and the application of RCW 9.91.025, as
adopted by RMC 6-10-1K, the following terms shall have these definitions:
ORDINANCE NO. 5587
A "Camping", in addition to its common meaning, shall mean the
occupation of an area for purposes as a temporary living situation, no matter
how short in duration, whether or not the person camping establishes a heat or
cooking source.
Fi "Loitering" is remaining in the Transit Center for sixty (60) consecutive
minutes or more, EXCEPT any person employed by a vendor that has a contract
with King County Metro for the provision of services in the Transit Center.
C. "Passenger facility" or "transit facility" means all, structures, stops,
shelters, bus zones, properties, and rights-of-way of all kinds that are owned,
leased, held, or used bv a transit authority for the purpose of providing public
transportation services to transit passengers.
D. "Piazza" is that park area located on the Northern side of South Third
Street between Burnett Avenue South and Logan Avenue South, and shall
include the Pavilion building.
E. "Riding a bicycle" shall mean a bicycle being propelled by human or other
means, i) while a person is seated upon any portion ofthe bicycle, OR ii) while
either or both feet are upon any portion ofthe bicycle, EXCEPT this definition will
not include law enforcement or transit personnel while riding bicycles as a part
of their official duties.
L "Riding a skateboard" shall mean a skateboard being propelled on the
ground bv human or other means, i) while any portion ofthe human body is in
ORDINANCE NO. 5587
contact with any portion of the skateboard, OR ii) while the skateboard is in
movement on the ground after having been propelled by human or other means.
G_. "Rollerblading" shall mean the movement across the ground by any
person while wearing and employing in-line skates or roller skates.
J±. "Sexual act" shall have the same meaning as it is defined in Renton
Municipal Code 6-30-1.
L "Sleeping" shall not be limited to a prone position.
J. "Transit Center":
L The Northern boundary is the south edge of the roadway that is
South Second Street,
Z The Southern boundary is the Piazza,
3. The Eastern boundary is the east edge of the sidewalk east of the
roadway that is Burnett Avenue South.
4. The Western boundary is the east edge ofthe roadway that is Logan
Avenue South.
6-31-2 VIOLATIONS:
A It is unlawful to loiter at the Transit Center. Loitering at the transit center
shall be a civil infraction.
B^ It is unlawful to ride a bicycle within the boundaries ofthe Transit Center
except for the legally travelled portions of the roadways. Riding a bicycle within
the boundaries ofthe Transit Center shall be a civil infraction.
ORDINANCE NO. 5587
C. It is unlawful to Rollerblade or ride a Skateboard within the boundaries of
the Transit Center except for the legally travelled portions of the roadways.
Rollerblading or riding a skateboard within the boundaries ofthe Transit Center
shall be a civil infraction.
D. It is unlawful to sleep or camp within the boundaries of the Transit
Center. Sleeping or camping within the boundaries ofthe Transit Center shall be
a civil infraction.
E. It is unlawful to use a Public Address system or other sound amplifying
device within the boundaries of the Transit Center. Using a Public Address
system or other sound amplifying device within the boundaries of the Transit
Center shall be a misdemeanor.
F. It is unlawful to engage in a sexual act, whether alone or with another
person, within the boundaries of the Transit Center. Engaging in a sexual act
within the boundaries ofthe Transit Center shall be a misdemeanor.
G. It is unlawful to engage in gambling activity within the boundaries ofthe
Transit Center. Engaging in gambling activity within the boundaries of the
Transit Center shall be a misdemeanor.
H. It is unlawful to climb on any structures within the boundaries of the
Transit Center. Climbing on any structures within the boundaries ofthe Transit
Center shall be a civil infraction.
L A violation of RCW 9.91.025, as adopted bv RMC 6-10-1K. is a violation of
this Chapter for purposes of Expulsion.
ORDINANCE NO. 5587
6-31-3 EXPULSION:
A. Immediate Expulsion: Any person violating a rule or provision of this
Chapter or any federal, state or local law may be ordered by a commissioned
peace officer to leave the Transit Center immediately. Failure to comply with such
an expulsion order shall be grounds for prosecution for criminal trespass.
B. Second Expulsion: Any person violating a rule or provision of this Chapter
or any federal, state or local law and who has been the subject of a prior expulsion
within the immediately preceding three (3) days, may be ordered by a
commissioned peace officer to leave the Transit Center immediately AND will be
subject to expulsion for up to seven (7) calendar days.
C. Expulsion up to one (1) year: Any person violating a rule or provision of
this Chapter or any federal, state or local law and i) who has been the subject of
two prior expulsions within the immediately preceding thirty (30) days, OR ii) who
has been expelled from the Transit Center three (3) or more times in any 90-day
period may be ordered by a commissioned peace officer to leave the Transit
Center immediately AND will be subject to expulsion for up to one (1) year.
6-31-4 ADMINISTRATIVE APPEAL:
Ai 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 ofthe 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.
ORDINANCE NO. 5587
C The written notice of appeal must be sent to the Chief of Police,
postmarked no later than seven (7) calendar days after the issuance of the
expulsion notice. If the seventh day falls on a non-business day, then the
postmark must be no later than the next business day. For purposes of this
Chapter, a non- business day is a Saturday, Sunday, or holiday observed by the
City of Renton.
D. The expulsion shall remain in effect during the pendency of any
administrative or judicial proceeding.
6-31-5 ADMINISTRATIVE HEARING:
A The Chief of Police or his or her designee (hereinafter "Hearing Official")
shall:
L Notify the appellant ofthe 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 afterthe 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.
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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
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 ofthe 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 6-31-3 B and C, above.
F. The decision of the Hearing Official is final.
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G. No determination of facts made bv 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.
FL In no event will the Hearing Official be a person who is subordinate to the
person who issued the expulsion notice.
L The decision ofthe Hearing Official is final.
6-31-6 PENALTIES:
A The Expulsions set out in Section 6-31-3, above, may be imposed in
addition to:
1. Civil penalties if the violation constitutes an infraction: and
2. Criminal penalties if the violation constitutes a misdemeanor.
B^ Infractions: A person who is guilty of committing an infraction under this
Chapter shall be subject to a monetary penalty of not more than fifty dollars ($50)
plus statutory assessments. Any person cited for a civil infraction shall be subject
to the applicable Rules for Courts of Limited Jurisdiction.
C Criminal violations of RCW 9.91.025, as adopted bv RMC 6-10-1K, and
those violation identified herein shall be punished as misdemeanors.
6-31-7 DISCRETION OF LAW ENFORCEMENT:
Enforcement of this Chapter is discretionary, not mandatory.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
ORDINANCE NO. 5587
PASSED BY THE CITY COUNCIL this 13th day of December , 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 13th day 0f December f 2010.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 12/17/2010 (summary)
ORD:1665:9/10/10:scr
Denis Law, Mayor
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