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HomeMy WebLinkAboutOrdinance No. 1006Ordinance No. 1006 Page 1 of 8 WHEREAS, the Department and the City Attorney's Office have reviewed exclusion and trespass regulations from various jurisdictions and have prepared new MMC Chapter 12.26, entitled "Exclusion From City Property; Trespass on City Property", attached hereto as Exhibit A, for inclusion in the Medina Municipal Code; and WHEREAS, the City Council has considered and evaluated the foregoing •information, the Department's recommendation, and the proposed exclusion and trespass regulations attached as Exhibit A, and finds that the proposed chapter would enhance the Department's code enforcement capabilities, provide alternative and more efficient mechanisms that will better address disruptive conduct in City Parks and Property, and provide faster and less expensive administrative review of City actions, all having immediate and positive benefits for Medina's residents, visitors, park users and City Properties and enhancing the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings Adopted. The foregoing recitals are adopted as findings of the Cillp Council in its consideration and adoption of new Medina Municipal Code Chapter 12. (Exclusion From City Property; Trespass on City Property). I Section 2. MMC ChaDter 12.26 Adopited. For the reasons hereinbefore stated,-IT,11,Tl Chapter 12.26, entitled Exclusion From City Property; Trespass on City Property, attached Exhibit A and incorporated in full by this reference, is hereby adopted into the Medina Municip Code. Section 3. Departmental Reports. The Department shall periodically provide reports 12 ihe City Council on the implementation and results of new Chapter 12.26, which reports may consolidated with the Department's other reports and updates to Council. I Section 4. Corrections. The City Clerk and codifiers of City ordinances are authorized io make necessary corrections to this Ordinance including but not limited to the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. 5everability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 6. Effective D. This Ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after such publication. Ordinance No. 1006 Page 2 of 8 :111:114 IA:VM I m 1-11LOI I wMaisill 0 IUSJ I Wel =I m IWO] I WMPI =M4 a] I ormlej 0 M I -I 31LEMMIL'amMi 10 W-1111 I m 140 11 [of 1.11 Lei 0 Approved as to form: Ogden Murphy Wallace, PLLC Scott M. Missal[, City Attorney VMS LOU RINI WOM"M RIM110DISIS "essica Rossman, Mayor 1t1" - .3-1 0 0 Ln =8^ on Aimee Kellerman, City Clerk Ordinance No. 1006 Page 3 of 8 T�il 0 �41 - MMC Chapter 12.26 Ordinance No. 1006 Page 4 of 8 II ....... ....... I 12.26.010 -Purpose and Sco e they observe unpermitted or other improper conduct occurring in or on city parks and other city properties, to talk with the individual(s) acting in such manner and, when appropriate, to issue an tUA "*"- I I MAN W111-9 I "M 'a I Nil ONO- "11 WON IM I V1 LotZA42UR 01614 11 Lt. N I S 11AGNM wliq Lai as Lolwi I I ]JR1 Is M 11V ILI! L,7A Ito E-719 E VQ M INAK#12AW 12.26.020 - Definitions In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. "Chief of Police" means the chief executive officer of the City of Medina Police Department, established by MMC 2.08.030 and his/her designees, which includes officers • the Medina Police Department. "City Parks" means all or any of the following City properties and includes their appurtenant strjjcturei eation eauiDm Wlitiis, docks, Wagrounds, recr ent, do facilities, open s W aces, tennis Park, and Medina Park. City Parks are a subset of City Property. "City Property" means all real property and appurtenant structures and fixtures, in whole or in part, owned or leased by the City of Medina, now or in the future. City Property shall include but is not limited to Medina City Hall, the Medina Post Office property, and City Parks. City Property does not include publicly accessible City streets, sidewalks, and rights of way. "Exclusion Notice" means a written notice issued by an officer pursuant to this chapter advising the recipient thereof that he/she has committed a violation and is prohibited by the Exclusion Notice from entering or remaining in or upon certain City Property, the reasons therefore, and the time period of such exclusion. The Exclusion Notice shall be on the form approved by the Chief of Police and shall be delivered to the recipient as set forth in this chapter. "Hearing Examiner" means the City of Medina Hearing Examiner, established by MMC Chapter 2.72. "Officer" means a commissioned member of the Medina Police Department or other duly authorized law enforcement personnel covered under the Police Officers Powers Act. in a-Gity-rarK, any provision olne-lieuina rriunicipai kauewill eon V rOTisiori of the Revised Code of Washington while on City Property. "Weapon violation" means the possession • use of a weapon in violation • ■ Chapter 9.41 (Firearms and Dangerous Weapons). 12.26.030 - Exclusion from Cit ProDertv A. An officer may, by delivering an Exclusion Notice in person to the recipient, exclude from City Property anyone who: �TIPVMWSS,1111111 11:11111 111 IN IIIIIIII ITITI 115111111 1 '1 0. 4 2. Violates any provision of the Medina Municipal Code or Revised Code of Washington while in or on City Property. B. An Exclusion Notice is effective immediately upon receipt by the recipient. The recipient need not be cited for, nor be charged, tried, or convicted of any crime or infraction, as a precondition to issuance of an Exclusion Notice. The exclusion may be based upon observation by the officer or upon the sort of reports that would ordinarily be relied upon by officers in the determination of probable cause. C. The Exclusion Notice shall be issued using the approved form and shall contain the information designated thereon, specifically including its duration, place(s) of exclusion, and a warning of the consequences for failure to comply. Every Exclusion Notice shall be signed by the issuing officer. D. The duration of an Exclusion Notice shall be determined as follows: 1. If the recipient has not been excluded from any City Property by an Exclusion Notice issued within one (1) year prior to the current violation and the current violation is not a felony the current violation occurred for a period not exceeding seven (7) days from the date of the Exclusion Notice. 2. If the recipient has been the subject of only one (1) prior Exclusion Notice issued within one (1) year prior to the current violation and neither the current nor the past violation was a felony violation or weapon violation, then the recipient may be excluded from the City Property in which the current violation occurred for a period of ninety (90) days from the date of the Exclusion Notice. 3. If the recipient has been the subject of two (2) or more prior Exclusion Notices issued within one (1) year prior to the current violation, all from the same City Property in which the current violation occurred, or if the current violation is a felony violation or weapon violation, then the recipient may be excluded from the City Property in which the current violation occurred for a period of one (1) year from the date of the Exclusion Notice. 4. If the recipient has been the subject of two (2) prior Exclusion Notices within one (1) year prior to the current violation and, in combination, the current violation and those prior gkL9&6.i1L. ia*� nlace-4 txvi �2,) n I =LwkQd-f=*t, 66 001014 iiiii I 12.26.040 -Administrative App I A.General. Only the recipient of an Exclusion Notice may appeal such notice. Everyappeal shall be made in accordance with the requirements of this section. No appeal is provided for an Exclusion Notice of seven (7) days duration or less. The recipient of an Exclusion Notice with a duration exceeding seven (7) days may seek a hearing before the Medina Hearing Examiner to have the Exclusion Notice rescinded or the period of exclusion shortened. No other relief is available. Only the Hearing Examiner after a hearing may rescind or shorten an Exclusion Notice. B. Request fo . The request for hearing shall be in writing, shall contain a conci ;tatement explaining the basis for the appeal and the relief sought, shall include a copy of t Exclusion Notice which is the subject of the hearing, and shall include payment of the curre 2ppeal fee. The request for a hearing shall be postmarked and delivered to the City Clerk wi 2 copy to the Chief of Police and Hearing Examiner not later than seven (7) days after t issuance date of the Exclusion Notice. The hearing should be scheduled and occur within seven (7) days after the Hearing Examiner receives the request for hearing if possible. The Hearing Examiner shall take reasonable steps to notify the appellant and the Chief of Police of the date, time, and place of the hearing. C. Witnesses. At the request of the appellant or the Chief of Police, the Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses at the hearing. The Hearing Examiner shall not issue a subpoena f uraw—affirer 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. D. Proof Standards and Procedure. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the Exclusion Notice. If the Exclusion Notice was issued because of the alleged violation of any criminal law, the appellant need not be charged, tried, or convicted on such violation for the Exclusion Notice to be upheld. The Exclusion Notice establishes a prima facie case that the appellant committed the violation as described. The Hearing Examiner shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW Chapter 5.50 (Uniform Unsworn Declarations Act) written by the officer who issued the Exclusion Notice, without further evidentiary foundation. The be considered without further evidentiary foundation. The Hearing Examiner may consider information that would not be admissible under the evidence rules in a court of law but which the Hearing Examiner considers relevant and trustworthy. E. Decision. If the violation is proved, the Exclusion Notice shall be upheld; but upon good cause shown the Hearing Examiner may shorten the duration of the exclusion. if the violation is not proven by a preponderance of the evidence, the Hearing Examiner shall rescind the Exclusion Notice. If the Hearing Examiner rescinds an Exclusion Notice, the exclusion shall not be considered a prior exclusion for purposes of MMC Section 12.26.030(D). F. Judicial Review. The decision of the Hearing Examiner is final. A recipient seeking judicial County Superior Court within fourteen (14) days of the date of the Hearing Examiner's decision. G. PPenden,!qy--Qf Exclusion Dqr�in s. The exclusion shall remain in effect during the pendency of the administrative appeal, and if the Exclusion Notice is upheld in whole or in part shall remain in effect during the pendency of any judicial proceeding. H. Subs,euent Civil or Criminal Proceedincis. No determination of facts made by the Hearing Examiner in conducting a hearing under this section shall have 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. 1. Enforcement Goal. This section shall be enforced to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection DI of MMC section 12.26.030 can be corrected without resort to an Exclusion Notice. �M- 1. Enters, remains in, or is otherwise present within the premises of a City Property from which he or she has been excluded during the period covered by an Exclusion Notice pursuant to MMC 12.26.030; or 2. Enters, remains in, or is otherwise present within the premises of a City Property during hours which the property is not open to the public, unless the person is present on or within the property to participate in an activity either conducted by the City or conducted pursuant to the terms of a permit issued by the City. B. Trespass on City Property is a gross misdemeanor subject to the provisions of MMC Chapter 9.04 (Public Peace, Morals and Welfare; General Provisionsl. C. It is not a defense to the crime of trespass on City Property: 1. That the underlying exclusion issued pursuant to this chapter is on appeal when the excluded person is apprehended, charged, or tried under this section; nor 2. That the excluded person entered or remained in the City Property pursuant to a permit that was issued in the name of another person either before or after the date of the Exclusion Notice. 12.26.060 - Discrimination Prohibited. A. It is the policy of the City, in the exercise of its police powers for the protection of the public health, safety and general welfare, and for the maintenance of peace and good government, to assure equal opportunity for full enjoyment and use of City Park facilities to all persons, free from iis because of race, color, ily—ilgiJil itilW1, jexual orientation. aender •en •olitical Momyj, dyu, MUM, rRiglon, anCesLFJ', HaLlUildl *L� L��C I I L physical handicap. 0 OR soil 110 a 1 .1 IL OT race, ""i F, sex, MOM sfaub, sell Run, yelluer religion, ancestry, national origin or the presence of any sensory, mental or physical handicap. In addition to other sanctions, the permit allowing access to or use of such City Park held by any person who is convicted of a violation of this section may be canceled by the City, which of MMC 12.26.040. After hearing of any such appeal, the Hearing Examiner may at the City's request order that such person shall not be eligible for any similar permit for access to, or use of, a City Park for a period up to three (3) years. C. Where applicable, the term "deny" shall have the meaning in RCW 9.91.010, as now or hereafter amended; the terms "full enjoyment of"and "person" shall have the meaning in RCW 49.60.040, as now or amended. D. Nothing in this section shall prohibit the exercise of constitutional liberties or the use of a bona fide qualification or restriction that does not infringe upon civil rights or civil liberties recognized by state law or City ordinance. ES33M