The purpose of Chapter 6.10 SVMC is to adopt a legal process for excluding from City property and facilities any individual whose behavior is dangerous, illegal, or unreasonably disruptive to other users and City employees and to give the city manager the authority to issue trespass notices. Chapter 6.10 SVMC is enacted as an exercise of the City's authority to protect and preserve the public health, safety, and welfare. Chapter 6.10 SVMC shall apply to all City-owned property and facilities.
(Ord. 22-003 § 3, 2022)
The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply for use with Chapter 6.10 SVMC. Solely for purposes of Chapter 6.10 SVMC, if a conflict exists between these definitions and the definitions in Appendix A, these definitions shall govern.
"City property and facilities"
means all or any part of a building, facility, or real property owned by the City, including but not limited to City Hall, CenterPlace, City parks, park facilities, stormwater facilities, streets, or rights-of-way.
"Dangerous behavior"
means behavior that creates an imminent and unreasonable risk of injury or harm to either themselves, other persons, or property of another.
"Illegal behavior"
means behavior that is prohibited by the laws of the United States, Washington State, or applicable county or City codes, rules, policies, or lawful directive of City employee or law enforcement officer.
"Unreasonably disruptive behavior"
is behavior that is not constitutionally protected and that, in consideration of the nature, scope, use, and purpose of the City property and facilities in question, unreasonably interferes with others' use and enjoyment of the City property and facilities or with the operation of the City property and facilities.
(Ord. 22-003 § 3, 2022)
A. 
The city manager is authorized to issue a notice of trespass and exclude any individual from City property and facilities who engages in any dangerous behavior, illegal behavior, or unreasonably disruptive behavior while on or within City property and facilities, or who enters any City property and facilities, or area of a property or facility, that is closed to the general public. The exclusion shall be limited by the nature and scope of the violation identified by the city manager.
B. 
The notice of trespass shall be delivered in person to the individual or by first class mail to the individual at the individual's last known address. A copy of the appeal form shall be attached to the notice of trespass.
C. 
The individual need not be charged, tried, or convicted of any crime or infraction for the notice of trespass to be issued or be effective.
(Ord. 22-003 § 3, 2022)
A notice of trespass shall be in writing and shall contain the following information: the date of issuance, the basis for the exclusion, the time period of the exclusion pursuant to SVMC § 6.10.050, the area from which the individual is excluded, the consequences for failure to comply, and a summary of the appeal right pursuant to SVMC § 6.10.060. A notice of trespass may contain conditions, exclusions, and exceptions as deemed necessary by the city manager. All notices of trespass shall be signed by an authorized City employee or law enforcement officer.
(Ord. 22-003 § 3, 2022)
A. 
The city manager shall determine the duration that any individual may be excluded from specified City property and facilities based on the following criteria:
1. 
Whether the action giving rise to the exclusion was criminal. Criminal activities will generally warrant a longer exclusion duration;
2. 
The nature of the activities giving rise to the exclusion. Activities which appear to be intended to disrupt normal City activities and business, which create significant or substantial risk to public safety and welfare, or which damage City property and facilities will generally warrant a longer exclusion duration;
3. 
The number of times the person being excluded has been trespassed from City property and facilities in the past three years;
4. 
The effect that the exclusion will have to limit the individual's access to City services.
B. 
Individuals shall not be excluded from City property and facilities for longer than:
1. 
Five years if the actions giving rise to the exclusion are criminal; and
2. 
Two years if the actions giving rise to the exclusion are not criminal.
C. 
A notice of trespass shall be effective upon issuance until the date specified within the notice of trespass. If no duration is provided, the notice of trespass shall be effective for 180 days.
D. 
The city manager may, in writing, terminate or reduce the duration of a notice of trespass.
(Ord. 22-003 § 3, 2022)
A. 
Appeal Period. A notice of trespass may be appealed within seven business days from the date of issuance. To start the appeal, a person issued a notice of trespass must deliver a complete written appeal request to the city clerk no later than seven business days after the notice of trespass is issued. A complete written appeal request includes all necessary information, including the factual and legal bases for the appeal and any applicable appeal fee.
B. 
Hearing. The notice of trespass appeal shall be heard by the city manager and shall be heard within five days of the receipt of a complete written appeal request. The city manager has the discretion to hold the appeal hearing either in-person or remotely. Notice of the hearing and how it will be conducted shall be provided in writing to the appellant by mail or, if identified by the appellant on the appeal form, email. An appeal hearing is intended to be less formal than court or hearing examiner hearings. The city manager may receive all reasonably probative evidence and may allow written and oral testimony from each party. The City shall bear the burden of proof, by preponderance of the evidence, that the notice of trespass was properly issued.
C. 
Decision. The city manager may uphold the notice of trespass and exclusion, modify conditions such as length of time or locations excluded, or determine it was issued in error and overturn the notice of trespass. The city manager may make an oral decision at the hearing. The city manager shall issue a final written review decision within five days of the hearing. The decision shall be provided to the appellant at the address provided on the appeal form.
(Ord. 22-003 § 3, 2022)
A. 
Any person found on or within any City property and facilities in violation of a notice of trespass may be arrested for trespassing pursuant to RCW 9A.52.070, 9A.52.080, or any other applicable statute.
B. 
Nothing herein shall prevent the City from pursuing any other penalty, remedy, or enforcement against individuals for the activities giving rise to the exclusion, including but not limited to criminal penalties.
(Ord. 22-003 § 3, 2022)