Chapter 10.05
CODE OF CONDUCT AND TRESPASS FROM COUNTY FACILITIES
Sections:
10.05.010 Purpose, authority, and applicability.
10.05.030 Authority to issue trespass warnings – Service.
10.05.040 Duration of exclusion.
10.05.050 Exceptions to exclusion.
10.05.060 Content of trespass warning.
10.05.080 Violation – Penalty.
10.05.090 Education and deescalation.
10.05.010 Purpose, authority, and applicability.
A. The purpose of this chapter is to establish rules of conduct for county facilities and properties that prohibit dangerous or unsafe actions or behavior, illegal actions or behavior, and actions or behavior that are unreasonably disruptive to the use of county facilities and properties by county staff and others.
B. It is further the purpose of this chapter to provide county staff, county security personnel and law enforcement officers with additional, legally sound tools for the enforcement of such rules, as an alternative to arrest and prosecution.
C. Enforcement may include issuing trespass warnings to persons who refuse to comply. It is the goal of this chapter to encourage education and voluntary compliance, to place limitations on the circumstances in which trespass warnings are issued, to create exceptions to issued trespass warnings, and to provide an appeals procedure for after the issuance of trespass warnings.
D. This chapter is enacted as an exercise of the county’s authority to protect and preserve the public health, safety and welfare.
E. This chapter shall apply to facilities and properties owned or controlled by the county, excepting those properties, such as county parks and county road rights-of-way, with separate conduct and/or use and occupancy codes and regulations.
F. Enforcement shall only be taken for conduct violating rules adopted pursuant to this chapter, or pursuant to violations of other laws, statutes, ordinances, or regulations.
G. This chapter shall be enforced in a manner that emphasizes education and voluntary compliance with laws and county facility and property occupancy rules so that inadvertent minor violations of this chapter can be corrected without resort to a trespass warning. In addition, whenever possible and appropriate, law enforcement officers, designated county staff and security personnel are encouraged to assist persons who violate the code of conduct by directing them to available community resources that may help with an underlying cause of the violation, such as drug or alcohol dependency or mental health crises.
H. The county courts, facilities and public works departments, with the oversight of the Public Services Director, are authorized to adopt rules and procedures consistent with this chapter.
I. Any constitutionally protected action or speech is excluded from the prohibited actions or behavior regulated in this chapter.
J. This chapter shall not be used to impair the rights of or remove people in attendance at open public meetings of the Board of County Commissioners, or people in attendance at public meetings of any other county board, which rights are and attendance are subject to the Open Public Meetings Act, Chapter 42.30 RCW.
K. Persons who are trespassed from a county facility or property, but wish to attend any open public meeting that is subject to the Open Public Meetings Act (Chapter 42.30 RCW), and that is held within a county facility, may do so pursuant to CCC 10.05.050(A)(1).
L. Dangerous or unsafe actions or behavior, illegal actions or behavior, and unreasonably disruptive actions or behavior, as defined in CCC 10.05.020, are prohibited within all county facilities and properties. [Ord. 22-101 § 1, 10-25-22.]
10.05.020 Definitions.
“Authorized officer” shall mean any law enforcement officer or security personnel, or county staff designated by the Director or by an elected official, as herein defined.
“County” means Cowlitz County, Washington.
“County facility” means all or any part of a building that is owned or controlled by the county, and includes but is not limited to the Hall of Justice, and the Administration Building and Annex.
“Dangerous or unsafe actions, behavior or conduct” means behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property of another or the person.
“Deputy” means a Cowlitz County Deputy Sheriff.
“Director” means the Public Services Director, or their designee, as being primarily responsible for county facilities and properties, including county rights-of-way, from which an excluded person has been excluded pursuant to a trespass warning.
“Excluded person” means a person excluded from a county facility or property pursuant to this chapter.
“Illegal actions or behavior” means actions or behavior that are prohibited by the laws of the United States, Washington State, or applicable county or municipal codes.
“Law enforcement officer” means law enforcement officer as defined in RCW 9.41.010(13), and specially commissioned Washington peace officer as defined in RCW 10.93.020(5), and qualified law enforcement officer as defined in 18 U.S.C. Section 928B(c), as they now exist or are hereafter amended.
“Open Public Meetings Act” means Chapter 42.30 RCW.
“Or” means or, in addition to and/or.
“Person” means an individual human being and does not have the meaning of “person” as that term is defined in RCW 1.16.080, as it now exists or hereafter is amended.
“Preponderance of evidence” means that, when considering a proposition, based on all evidence, the proposition is more probably true than not.
“Property” or “county property” means any property owned or controlled by county, including lands abutting any county facility, or tax title land, park, trail, or open space, or road right-of-way.
“RCW” means the Revised Code of Washington, as now exists or as amended in the future.
“Security personnel” means county employees or employees of private security hired by the county and licensed under Chapter 18.170 RCW (Security Guards) to provide security services.
“Sheriff” means the Cowlitz County Sheriff or designee.
“Trespass warning” means a trespass warning issued pursuant to CCC 10.05.030.
“Unreasonably disruptive actions or behavior” are actions or behavior that are 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 unreasonably disruptive behavior include, but are not limited to, any of the following:
1. Use of threatening or unreasonably hostile language or gestures, and unreasonably loud and ongoing noise (such as music or verbal outbursts) which disrupts normal county operations;
2. Using electronic or other communication devices in a manner that is unreasonably disruptive to county staff and others;
3. Actual or simulated sexual intercourse or sexual conduct, or public nudity (except that a mother’s breastfeeding of her baby does not under any circumstance constitute prohibited action or behavior);
4. Consuming, possessing, selling, or distributing alcoholic beverages, nonprescribed controlled substances, or illegal drugs;
5. Attempting to enter any staff-only area of a county facility or property, or the entering of a closed facility or of property before or after posted public hours, all without permission;
6. Unreasonably interfering with the free passage of staff or patrons in or on public property; or
7. Actions or behavior that are 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, entryway, or open plaza). [Ord. 22-101 § 1, 10-25-22.]
10.05.030 Authority to issue trespass warnings – Service.
A. Any authorized officer is empowered to issue a trespass warning to any person, excluding the person from any county facility(ies) or property(ies), when the authorized officer has probable cause to believe that:
1. The conduct of any person has violated any statute, ordinance, regulation, or rule of conduct relating to or prohibiting dangerous or unsafe actions or behavior, illegal action or behavior, or unreasonably disruptive action or behavior; and
2. Such conduct occurs or did occur while the person is at a county facility or upon county property, or that such conduct is directed by the person toward a county facility or property.
B. CCC 10.05.040 provides criteria for the length of the exclusion resulting from a trespass warning.
C. Trespass warnings may be delivered in person to the person, or by first class mail to the person at the person’s last known address.
D. The person need not be charged, tried, or convicted of any crime or infraction for the trespass warning to be issued or be effective.
E. The trespass warning may be based upon observation by an authorized security officer, designated county staff, law enforcement officer, or any other person that can be relied upon by authorized officials issuing trespass warnings in their determinations of probable cause. [Ord. 22-101 § 1, 10-25-22.]
10.05.040 Duration of exclusion.
A. When the trespass warning is issued due to illegal conduct that presents a danger to persons or property, or is issued due to dangerous or unsafe conduct, or is issued as a result of a violation of an existing trespass warning, then the warning may exclude the person for a period of up to one year.
B. When a trespass warning is issued due to any conduct other than that identified in subsection A of this section, then the duration of exclusion shall be as follows:
1. For the first trespass warning within a period of one year, a period not exceeding seven days.
2. For the second trespass warning within a period of one year, a period of more than seven days, but not more than 90 days.
3. For the third trespass warning within a period of one year, and for all subsequent trespass warnings, a period of more than 90 days, but not more than one year.
C. If a person has been excluded from a county facility pursuant to this chapter, and any law, court order or judgment, or regulation applicable to such property establishes a different period of time for the person to be excluded, the time period under such rule or regulation shall apply notwithstanding the provisions of this section. [Ord. 22-101 § 1, 10-25-22.]
10.05.050 Exceptions to exclusion.
A. Exceptions That Do Not Require Prior Approval.
1. Persons who are prohibited from a facility by a trespass warning may still go to that facility or upon property, without prior approval, for the following reasons:
a. To respond to a summons for jury service;
b. To attend court when subject to a summons, subpoena, or similar requirement to appear before a court; or
c. To attend any open public meeting that is subject to the Open Public Meetings Act (Chapter 42.56 RCW), and that is being held within a county facility or on its property.
2. An excluded person exercising an exception that does not require prior approval may not engage in any other business or occupy areas unrelated to the reasons set forth above, while at the facility or upon property, without obtaining prior approval, and must depart immediately from the county facility or property upon timely conclusion of their business or upon the conclusion of their participation in the open public meeting.
B. Exceptions Requiring Prior Approval.
1. Subject to the procedure outlined below, an excluded person may visit the county facility or property, only with prior approval, for the following purposes:
a. To utilize a public service provided by an office within the county facility, where the service is not available elsewhere in the county or by other reasonable means; or
b. To seek review of a trespass warning pursuant to the procedure in CCC 10.05.070.
2. Upon request for such an exception, the Director, regarding the facility or property from which the person was excluded, may authorize an exception for the excluded person and allow entry for that person.
a. The Director shall issue a written 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 for exception.
b. If the exception is authorized, the decision must specify the duration of the authorization, must specify any conditions thereof, and must explain the process outlined in subsection (B)(3)(c) of this section.
c. If the exception is denied, the decision must contain an explanation for the denial, offer alternative means of access to services, if practicable, and refer the person to the appeals process in CCC 10.05.070.
3. Once such authorization is received, but before entering the county facility, an excluded person must provide notice as follows:
a. For county facilities and properties other than the Hall of Justice, the excluded person must first notify the department director or designee for the particular facility from which the person was trespassed. Such notice must be made telephonically, at least two hours prior to the intended visit. This is to allow time for the department director or designee responsible for the facility to arrange for an authorized employee or security personnel to be present during the visit and to notify the particular office or official of the scheduled visit.
b. For the Hall of Justice, on entering the facility, the excluded person must proceed immediately and only to the security station and contact the authorized officer(s) on duty at the security station, who may in turn contact the Sheriff, a Deputy Sheriff or the superior court administrator for assistance.
c. The authorized officer may, in their discretion, verify the validity of the excluded person’s reason for business at the county facility or property, and escort that person during their time at the county facility or property.
C. An excluded person may not engage in any non-county-business-related matters at the county facility or property from which they are excluded and must depart immediately from the county facility upon the conclusion of their business. [Ord. 22-101 § 1, 10-25-22.]
10.05.060 Content of trespass warning.
The trespass warning shall:
A. Be in writing;
B. Contain the date of issuance;
C. Describe the actions or behavior that are the basis(es) for the trespass warning;
D. Identify any county facility, or facilities or portion(s) of a facility to which the exclusion applies;
E. Specify the length of the exclusion;
F. Be signed by the issuing authorized officer;
G. State the consequences for failure to comply; and
H. Explain the exceptions to the exclusion, the procedure for utilizing those exceptions as described in CCC 10.05.050, and the appeals process as described in CCC 10.05.070. [Ord. 22-101 § 1, 10-25-22.]
10.05.070 Appeal procedure.
A. For good cause shown, the Board of Commissioners, or an individual designated by the Commissioners, may rescind, shorten or modify a trespass warning issued by an authorized officer as follows:
1. A written request for review must be delivered to the clerk of the Board of County Commissioners no later than seven business days after the trespass warning that is being contested, or after the denial of an exception under CCC 10.05.050. The written request must contain identifying personal information on the requester and the number, date and location of the particular trespass warning, and provide a valid mailing address for receipt of notices and decisions. Failure to provide a mailing address will require the requester to initiate telephonic or online contact with the clerk of the Board to receive notifications and decisions on the review. Upon receipt of such request, the Commissioners shall review the trespass warning in a manner that meets the following requirements:
a. During the review, the actions or behavior resulting in the trespass warning must be proved by a preponderance of the evidence to uphold the trespass warning.
b. The Commissioners shall consider a sworn report or declaration from the authorized officer or who issued the trespass warning or upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that the actions or behavior occurred as described.
c. The Commissioners may consider information that would not be admissible under the evidence rules in a court of law, but that they consider relevant and trustworthy.
d. The Commissioners may consider whether the excluded person was afforded reasonable warnings that their conduct might lead to a trespass warning, and reasonable opportunities to correct their conduct, and weigh these factors against the egregiousness of the conduct itself;
2. If the warning was issued because of the alleged violation of any criminal law, the person need not be charged, tried, or convicted for the warning to be upheld;
3. The review shall result in a written decision;
4. During the review, the Commissioners shall determine how a written decision will be served on the person, in accordance with subsection (A)(1) of this section;
5. The written decision shall be sent or otherwise made available no later than two business days following the written review;
6. At the end of every written decision, the Commissioners must provide information to the person requesting review as to the right to seek judicial review of the written decision and that the time frame for seeking judicial review runs from the date of service of the written decision and not later than five business days after the issuance of the decision.
B. For purposes of this section, “good cause” to rescind, shorten, or modify the trespass warning shall be found where the person receiving the trespass warning demonstrates by a preponderance of evidence that:
1. The conduct that led to the trespass warning was intended to be expressive conduct protected by the First Amendment;
2. The person was not given a warning prior to issuance of the trespass warning that the conduct in question was subject to a trespass warning;
3. The trespass warning was based solely upon the statement of a person who did not observe personally the conduct, would not ordinarily be relied upon by law enforcement or the courts in the determination of probable cause, and the person claims that he or she did not commit the action for which he or she was warned; or
4. In the judgment of the Commissioners, the circumstances warrant a modification or rescission of the trespass warning or decision;
5. The Commissioners shall rescind the trespass warning if, considering all the circumstances, they find 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;
6. If the Commissioners rescind an exclusion, for good cause or because the actions or behavior were not proved, the exclusion shall not be considered a prior trespass warning for purposes of this section;
7. The decision of the Commissioners will be the county’s final decision;
8. A person seeking judicial review of the county’s final decision must file an application for a writ of review in the county district court within 15 days of receipt of the county’s final decision;
9. The trespass warning shall remain in effect during the pendency of any review by the Commissioners or the county district court;
10. No determination of facts made by the Commissioners 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. [Ord. 22-101 § 1, 10-25-22.]
10.05.080 Violation – Penalty.
Any person who is found on a county facility in violation of a trespass warning issued in accordance with this chapter, except as otherwise provided in this chapter, may be arrested for trespassing, pursuant to RCW 9A.52.070, 9A.52.080, and any other applicable statutes. The penalty under this chapter is cumulative of any other penalties that may apply under state or local law. [Ord. 22-101 § 1, 10-25-22.]
10.05.090 Education and deescalation.
A. In the application of this chapter’s provisions, authorized officers shall prioritize education, deescalation, and voluntary compliance whenever reasonably possible. This may include explaining the rules, providing warnings of potential consequences for rule violations, and giving people who violate rules an opportunity to correct their actions or behavior.
B. Whenever reasonably possible, the issuance of a trespass warning to a person should be used after other techniques and deescalation attempts have proved ineffective.
C. Nothing in this section is intended to preclude authorized officers from immediately issuing a trespass warning to a person when that person’s conduct jeopardizes or threatens to jeopardize the personal safety of others, involves criminal activity or behavior, or is so egregious that there is no reasonable solution short of a trespass warning. [Ord. 22-101 § 1, 10-25-22.]
10.05.100 Limitation.
Nothing in the chapter shall be construed to alter the rights of the state or any local government to enforce other provisions of state or local law or to prosecute criminal conduct under state or local law. [Ord. 22-101 § 1, 10-25-22.]