Chapter 9.76
TRESPASS FROM CITY PROPERTY
Sections:
9.76.030 Authority to issue trespass notice.
9.76.040 Duration of exclusion.
9.76.050 Exceptions to exclusion.
9.76.060 Contents of trespass notice.
9.76.070 Appeals of trespass notice.
9.76.010 Purpose.
The purpose of this chapter is to establish rules of conduct for city properties and facilities that prohibit illegal, dangerous, or unsafe actions or behavior or actions or behavior that are unreasonably disruptive to the use of city property and facilities by staff and others. The further purpose is to provide police officers with the authority to issue trespass notices for the enforcement of such rules as an alternative to arrest or prosecution. (Ord. 4012 § 2 (Exh. A), 2024)
9.76.020 Definitions.
A. “Dangerous or unsafe behavior” means behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property of another person or the person.
B. “Illegal behavior” means behavior that is prohibited by the laws of the United States, Washington State, or the city of Kelso.
C. “Property” or “city property” means any building, facility, or property owned or controlled by the city including lands abutting any city building or facility, or any tax title land, park, trail, or open space.
D. “Unreasonably disruptive behavior” means any actions or behaviors that are not constitutionally protected and that, in consideration of the nature, scope, use, and purpose of the city property or facility, unreasonably interferes with others’ use and enjoyment of such property or facility. Examples 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 city operations;
2. Using electronic or other communication devices in a manner that is unreasonably disruptive to city 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. Attempting to enter any staff-only area of a city property, or the entering of a closed city property before or after posted public hours, all without permission;
5. Unreasonably interfering with the free passage of staff or patrons in or on city property; or
6. Actions or behavior that are unreasonably inconsistent with the normal use for which the city 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. 4012 § 2 (Exh. A), 2024)
9.76.030 Authority to issue trespass notice.
A. City police officers are authorized to issue a trespass notice consistent with this chapter to any person excluding the person from any city property when the police officer has probable cause to believe that:
1. The person has engaged in illegal behavior, or dangerous or unsafe behavior, or unreasonably disruptive behavior; and
2. Such behavior occurs or did occur while the person was at the city property or that such conduct is directed by the person toward a city property.
B. Whenever reasonably possible, the issuance of a trespass notice to a person should be used after other techniques and deescalation attempts have proved ineffective.
C. The trespass notice may be delivered in person or by first class mail to the person at the person’s last known address.
D. The person does not need to be charged, tried, or convicted of any crime or infraction for the trespass notice to be effective or upheld on appeal.
E. The trespass notice may be based on observation by a law enforcement officer or any other person that can be relied on by law enforcement officers in the determination of probable cause. (Ord. 4012 § 2 (Exh. A), 2024)
9.76.040 Duration of exclusion.
A. For the first trespass notice within a period of one year, the trespass notice shall not exceed thirty days.
B. For the second and any subsequent trespass notice within a period of one year, the trespass notice may not exceed three hundred sixty-five days.
C. If a person has been excluded from a city property pursuant to this chapter, and any law, court order, 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. 4012 § 2 (Exh. A), 2024)
9.76.050 Exceptions to exclusion.
A. Persons who are prohibited from a city property under a trespass notice may still go to property for the following reasons:
1. To respond to any summons or subpoena or similar requirement to appear before a court or administrative hearing examiner;
2. To respond to any city letter, notice or request to appear to conduct business with the city at that property;
3. To utilize a public service provided by an office within a city property, where the service is not available elsewhere in the city or by other reasonable means;
4. To seek review of a trespass notice pursuant to Section 9.76.070;
5. To attend any open public meeting that is subject to the Open Public Meetings Act (Chapter 42.56 RCW), and that is being held at the city property;
6. When specific written permission for an exception is granted by the police chief for expressive activity or such other activities as may be approved, upon the person’s request for an exception; such permission shall specify a duration and any conditions related to the exception.
B. Persons who are prohibited from a city property that are acting under one of the exceptions to exclusion may not engage in any activity not related to city business or otherwise permitted by the exception and must depart immediately from the city property upon the conclusion of their business. (Ord. 4012 § 2 (Exh. A), 2024)
9.76.060 Contents of trespass notice.
The trespass notice shall be in writing and contain the following information:
A. Date of issuance;
B. The reason for the issuance;
C. Identification of the city property or portions thereof to which the exclusion applies;
D. The length of the exclusion;
E. The signature of the issuing authorized officer;
F. An explanation of the exceptions to the exclusion;
G. Notice that a violation of the trespass notice shall give rise to criminal prosecution; and
H. A description of how to appeal the trespass notice. (Ord. 4012 § 2 (Exh. A), 2024)
9.76.070 Appeals of trespass notice.
A. A person who is trespassed under a trespass notice may appeal the trespass notice by submitting a written appeal request to the city clerk.
B. Within two business days of receipt of a request for appeal, the city shall provide notice of hearing to the appellant and shall conduct the appeal hearing before the police chief within ten business days of the filing of the appeal, unless otherwise agreed by the city and the appellant. The hearing shall be conducted in accordance with the procedures at Section 1.50.280 et seq.
C. The trespass notice shall not be stayed during the period of the appeal; however, the police chief may issue written permission to enter the property pursuant to Section 9.76.050(A)(6).
D. The city must prove, by a preponderance of the evidence, at the hearing that the trespass order was properly issued.
E. If the police chief finds that the trespass notice was properly issued the trespass notice shall be affirmed. The police chief may in his or her discretion shorten the duration or extent of the trespass notice for good cause shown.
F. The decision of the police chief shall be final. (Ord. 4012 § 2 (Exh. A), 2024)
9.76.080 Violation—Penalty.
Any person who is found on city property in violation of a trespass notice issued in accordance with this chapter may be arrested for trespassing pursuant to RCW 9A.52.070 and 9A.52.080. The penalty under this chapter is cumulative of any other penalties that may apply under state or local law. (Ord. 4012 § 2 (Exh. A), 2024)