Chapter 9.42
TRESPASS NOTICES
Sections:
9.42.030 Appeal of trespass notice.
9.42.010 Authorization.
A. A police officer may issue a written trespass notice to an individual if the officer has a reasonable ground to believe the individual has violated a provision of the East Wenatchee Municipal Code (as enacted or amended) or a provision of the Revised Code of Washington (as enacted or amended) while on or within public property. This authorization excludes sidewalks that abut a paved street. The trespass notice must be limited to the specific property where the violation occurred.
B. A police officer may issue a written trespass notice based on personal observation, the report of a city employee, or a civilian report that a police officer would ordinarily rely upon to determine probable cause.
C. For a first violation, a trespass notice may not exceed 60 days. For a second or subsequent violation, a trespass notice may not exceed 365 days.
D. When issuing a trespass notice, a police officer must hand deliver a copy of the trespass notice to the individual. The trespass must contain the following information: the date of issuance, a description of the behavior that formed the basis for the trespass notice, the length of exclusion, the place of exclusion, how to appeal the trespass notice, where to file an appeal, and the penalty for violating the trespass notice. A police officer must also provide the police chief with a copy of the trespass notice within 24 hours of its issuance. (Ord. 16-04 § 4, 2016)
9.42.020 Arrest – Exceptions.
A. An individual found on public property in violation of a trespass notice may be arrested for trespassing, except as otherwise provided in this section.
B. A city employee or official having control over a city facility, building, or outdoor area, may authorize an individual who has received a trespass notice to enter the property or premises to exercise his or her First Amendment rights if there is no other reasonable alternative location to exercise such rights or to conduct necessary municipal business. Such authorization must be in writing, must specify the duration of the authorization and any conditions thereof, and may not be unreasonably denied. (Ord. 16-04 § 4, 2016)
9.42.030 Appeal of trespass notice.
A. An individual who has received a trespass notice has a right of appeal. The individual must file a written notice of appeal within 10 days of receiving a trespass notice. The notice must include the individual’s name, mailing address, email address, and phone number. The city may not charge a fee for filing an appeal.
B. The individual must file the written notice of appeal at the information desk of the East Wenatchee police department located at 271 9th St. N.E., East Wenatchee, WA 98802. (Ord. 16-04 § 4, 2016)
9.42.040 Appeal hearing.
A. The police chief hears an appeal.
B. Within five days of an appeal being filed, the chief must send notice regarding the time and place of the appeal hearing. The chief of police must provide the appellant with notice of the hearing:
1. By sending a notice of hearing to the appellant’s email address;
2. By sending a text message to the appellant’s phone number;
3. By mailing a notice of hearing to the appellant’s mailing address; or
4. By posting the notice at the information desk of the East Wenatchee police department. If appellant cannot be reached by email, by telephone, or by mail, then notice at the information desk is sufficient.
C. The appeal hearing must occur no sooner than seven days after a notice of appeal is filed, no later than 30 days after a notice of appeal is filed. Upon written request of the appellant, the police chief may hold an appeal hearing after the 30-day time limit.
D. Upon request and at no cost, the police department will send the appellant a copy of each document in the city’s control which it intends to use at the hearing, and which directly relates to the issuance of the trespass notice to the appellant.
E. The appellant and the city have the right to attend the appeal hearing, the right to testify, the right to call witnesses, the right to cross examine witnesses, and the right to present evidence. The appellant has the right to bring an attorney and/or a court reporter to the appeal hearing, at appellant’s own expense.
F. The appellant need not be charged, tried, or convicted of any crime or infraction for the issued trespass notice to be effective.
G. The police chief must consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence do not apply, but fundamental due process governs the proceedings.
H. At the appeal hearing, the city must prove, by a preponderance of the evidence, that the trespass notice was properly issued.
I. Within five days of the hearing, the police chief must issue a written decision on the appeal and must deliver the decision to the appellant at the address provided. If no address is provided, the police chief must post a copy of the decision at the information desk of the East Wenatchee police department. If posted, a copy of the decision may be removed after 30 days.
J. If the police chief finds that the city properly issued the trespass notice, the police chief must uphold the terms of the trespass notice. For good cause shown, the police chief may shorten the duration of the exclusion. For good cause shown, the police chief may reduce the areas covered by the trespass notice.
K. If the police chief finds that the city did not properly issue the trespass notice, the city may not consider the trespass notice as a prior notice for purposes of EWMC 9.42.010(C).
L. The decision of the police chief is final and the appellant is deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law by the appellant. The city may not appeal a decision of the chief of police.
M. The trespass notice remains in effect during the appeal and review process, including any judicial review. (Ord. 16-04 § 4, 2016)