A. 
The purpose of this chapter is to adopt a legally sound process for being able to exclude from city and other publicly owned property individuals whose behavior is dangerous, unsafe, illegal, or unreasonably disruptive to other users. It is further the purpose of this chapter to provide for a specific method to allow for the issuance of trespass warnings to such individuals, including placing limitations on trespass warnings and providing procedures for such individuals to promptly appeal the issuance of trespass warnings to protect their right to engage in legitimate activities protected by the state and federal constitutions.
B. 
This chapter is enacted as an exercise of the city's authority to protect and preserve the public health, safety and welfare.
C. 
This chapter shall apply to all city and other publicly owned property in the city of Milton, including property that public entities own in common with each other. This chapter shall not apply to public streets and sidewalks. Enforcement action shall only be taken for conduct violating rules adopted for the location in which the conduct occurs, except that officers of the city police department may take enforcement action based on violations of other city codes, state statutes, and government rules or regulations.
D. 
This chapter shall be enforced to emphasize voluntary compliance with laws and city (or other governmental entity) property rules and so that inadvertent minor violations of this section can be corrected without resorting to a trespass warning.
E. 
The mayor is authorized to adopt rules and procedures consistent with this chapter.
(Ord. 2090 § 1, 2024)
A. 
Behavior that is "dangerous" is behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property of another or the actor.
B. 
Behavior that is "illegal" is behavior that is prohibited by the laws of the United States, Washington State, or the city which includes, but is not limited to, any of the following types of behavior:
1. 
Knowingly threaten to cause bodily injury immediately or in the future to the person threatened or to any other person and the person by words or conduct places the person threatened in reasonable fear that the threat will be carried out;
2. 
Unpermitted sale or use of alcohol or drugs; or
3. 
Threatening or harassing behavior (e.g., fighting or threatening to fight, brandishing a weapon, stalking, verbally threatening to harm others or their property); or
4. 
Assaulting staff or other patrons; or
5. 
Sexual misconduct or harassment (e.g., indecent exposure, offensive touching, sexual acts).
C. 
Behavior that is "unreasonably disruptive to other users" is behavior that is not constitutionally protected and that, in consideration of the nature, scope, use and purpose of the publicly owned property in question, unreasonably interferes with others' use and enjoyment of publicly owned property. Examples of behavior that may unreasonably interfere with others' use and enjoyment of publicly owned property include, but are not limited to, any of the following:
1. 
Use of unreasonably hostile or aggressive language or gestures; or
2. 
Unreasonably loud vocal expression or unreasonably boisterous physical behavior; or
3. 
Using electronic or other communication devices in a manner that is unreasonably disruptive to others; or
4. 
Unreasonably interfering with the free passage of staff or patrons in or on public property; or
5. 
Behavior that is unreasonably inconsistent with the normal use for which the publicly owned property was designed and intended to be used (e.g., bathing, shaving, or washing clothes in a public bathroom or skating/skateboarding in a public parking area or plaza).
D. 
Any constitutionally protected action or speech is excluded from the prohibited behavior listed in this section.
E. 
"City or publicly owned property"
means any part of a building, park, trail, or open space that is owned or controlled by the city or a public agency.
(Ord. 2090 § 1, 2024)
A. 
Officers of the city police department are authorized to issue a trespass warning to any individual who the officer has probable cause to believe has violated any city ordinance, state statute, or government rule or regulation, relating to or prohibiting conduct that is dangerous, illegal, or unreasonably disruptive to other users of public property, as defined in this chapter, while such individual is on or within any city or other publicly owned facility, building, or outdoor area that is open to the general public.
B. 
Trespass warnings may be delivered in person to the individual or by first class mail to the individual at the individual's last known address.
C. 
The individual need not be charged, tried, or convicted of any crime or infraction for the trespass warning to be issued or be effective. The warning may be based upon observation by a police officer or a city or other government employee or may be based upon a civilian report that could be relied upon by police officers in the determination of probable cause.
(Ord. 2090 § 1, 2024)
The duration of exclusion shall be as follows. If the individual:
A. 
Has not been excluded from city or other publicly owned property by a trespass warning issued within one year prior to the violation, then the warning may exclude the individual for a period not exceeding seven days from the date of the warning.
B. 
Has been the subject of only one prior trespass warning issued within one year prior to the current violation, then the warning may exclude the individual for a period of more than seven days but not more than 90 days from the date of the current warning.
C. 
Has been the subject of two or more prior trespass warnings issued within one year prior to the current violation, then the warning may exclude the individual for a period of more than 90 days but not more than one year from the date of the current warning.
D. 
Has been excluded from city or other publicly owned property by a trespass warning, and a published rule or regulation applicable to such property establishes a different period of time for an individual to be excluded, the time period under such rule or regulation shall apply notwithstanding the provisions of this section.
(Ord. 2090 § 1, 2024)
The trespass warning shall be in writing on a form approved by the chief of police. At a minimum, the trespass warning shall contain the date of issuance, shall describe the behavior that is the basis for the trespass warning, shall specify the length and place(s) of exclusion, shall be signed by the issuing police officer, and shall state the consequences for failure to comply. A trespass warning for a place or places shall not prohibit access to another place or places that are unrelated to or not a part of the place where the conduct that is the subject of the trespass warning occurred.
(Ord. 2090 § 1, 2024)
For good cause, the mayor, his or her designee, or other government official who is responsible for the property in question may rescind, shorten, or modify a trespass warning issued in accordance with the procedures outlined in this section.
A. 
Request for Appeal. A person who has received a trespass warning may appeal a trespass warning he or she received by delivering a written appeal to the city clerk no later than seven business days after it is issued. At a minimum, the written appeal must state the individual's name and provide a copy of the trespass warning.
Upon receipt of a written appeal, the city clerk shall schedule a review hearing and notify the individual of the date, time, and place or telephone number at which the hearing will be conducted.
1. 
For trespass warnings that exclude an individual for seven or fewer days, a review hearing must be conducted within two business days of receipt of a written appeal.
2. 
For trespass warnings that exclude an individual for more than seven days, a review hearing must be conducted within four business days of receipt of a written appeal.
B. 
Review Hearing and Decision.
1. 
At a review hearing, the mayor, or his or her designee, or other government official who is responsible for the property in question shall consider a sworn report or declaration from the officer who issued the trespass warning or upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that the individual committed the violation as described. The appellant may also present any evidence and argument in support of his or her appeal. The mayor, his or her designee, or other government official who is responsible for the property in question may consider any information that would not be admissible under the evidence rules in a court of law but that he or she considers relevant and trustworthy. If the warning was issued because of the alleged violation of any criminal law, the individual need not be charged, tried, or convicted for the warning to be upheld.
2. 
Upon the conclusion of a review hearing, the mayor, his or her designee, or other government official who is responsible for the property in question shall issue a written decision within five business days. In the written decision, the mayor, his or her designee, or other government official who is responsible for the property in question shall affirm, shorten, modify, or rescind the trespass warning. In order to affirm a trespass warning, the underlying violation must be proved by a preponderance of the evidence to uphold the trespass warning. If the trespass warning is rescinded, for good cause or because the violation was not proved, the exclusion shall not be considered a prior trespass warning for purposes of this chapter. The written decision must inform the individual that he/she has the right to seek judicial review of the decision and that the time frame for seeking judicial review runs from the date of service of the written decision.
3. 
A written decision of the mayor, his or her designee, or other government official who is responsible for the property in question shall be delivered to the appellant in person or via first class mail within five business days of the decision. The written decision shall be the city's final decision. An individual seeking judicial review of the city's final decision must file an application for a writ of review in superior court within 15 days of receipt of the city's final decision.
4. 
Pendency of Review Hearing. The trespass warning shall remain in effect during the pendency of any administrative or judicial proceeding.
5. 
Effect on Other Proceedings. No determination of facts made by the mayor, or his or her designee, 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.
C. 
For purposes of this section, "good cause" to rescind, shorten, or modify a trespass warning shall be found where:
1. 
The individual demonstrates by a preponderance of the evidence that his or her conduct was intended to be expressive conduct protected by the First Amendment; or
2. 
The individual was not given warning that the conduct in question was subject to a trespass warning; or
3. 
The trespass warning was based solely upon the statement of a third party, was not observed personally by the issuing officer or a city or other government employee, could not be relied upon by police officers in the determination of probable cause, and the individual claims that he or she did not commit the action for which he or she was warned; or
4. 
In the judgment of the mayor or his/her designee, the circumstances warrant a modification or rescission of the trespass warning. The mayor or his/her designee shall rescind the trespass warning if, considering all the circumstances, he or she finds that reasonable minds could differ on the question of whether the conduct in question was unreasonably disruptive to others on the same public property at that time.
(Ord. 2090 § 1, 2024)
A. 
Any person who is found on city or other publicly owned property in knowing violation of a valid trespass warning, issued in accordance with this chapter, shall be guilty of a misdemeanor, except as otherwise provided in this chapter.
B. 
The chief of police, or his or her designee, may upon request authorize an individual who has received a trespass warning in accordance with this chapter to enter the city or other publicly owned property to exercise his or her First Amendment rights or to conduct government business, if there is no other reasonable alternative location to exercise such rights or conduct such business. Such authorization must be in writing and specify the duration of the authorization and any conditions thereof.
C. 
The chief of police, or his or her designee, shall issue a decision on a request for entry onto public property by the recipient of a trespass warning during a period of exclusion no later than 48 hours after receipt of the request.
(Ord. 2090 § 1, 2024)