CHAPTER 30
EXPULSION FROM CITY PARKS
SECTION:
6-30-5 Trespass In Parks – Definition – Penalties
6-30-1 DEFINITIONS:
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter:
A. “Good cause to believe” means: facts and circumstances within the issuer’s knowledge that would cause a reasonable person to believe that the person to be expelled has violated a park rule or regulation, or has violated a City or State law.
B. “Park” shall include: the parks, trails, open space areas, golf course, and recreation buildings owned, operated, and/or maintained by the City of Renton.
C. “Director” shall include: the Facilities Director, Parks and Golf Course Director, Parks Planning and Natural Resources Director, and Recreation Director.
D. “Sexual act” is: any act of indecent exposure as that term is defined in RCW 9A.88.010, as now or hereafter amended; any lewd act as that term is defined in RMC 6-18-18 as now or hereafter amended, or any sexual conduct as that term is defined in RCW 16.52.205(8)(b), as now or hereafter amended.
E. “Open space” is: a non-developed physical area, including but not limited to natural areas and wetlands, that provides visual relief from the built environment for environmental, scenic, or recreational purposes. (Ord. 5533, 3-15-10)
6-30-2 EXPULSION NOTICES:
A. The Director or his or her designee (hereinafter “Park Official”) or police officer may order the expulsion of any person from all parks for a period up to one (1) year if the Park Official or police officer has good cause to believe such person, while in any park:
1. Has been expelled from a park two (2) or more times in any 30-day period;
2. Has been expelled from a park three (3) or more times in any 90-day period;
3. Committed an assault upon another person;
4. Sold or used alcohol;
5. Sold, possessed or used illegal drugs;
6. Brandished or used any weapon;
7. Committed a sexual act, as that term is defined herein;
8. Committed a theft that may be punished as a Class A felony as defined in RCW 9A.56.030 or a Class B felony as defined in RCW 9A.56.040; or
9. Caused damage, including graffiti, to any park property.
B. The Park Official or any police officer may order the expulsion of any person from all parks for a period up to seven (7) days when he or she has good cause to believe that said person has violated any park rule or regulation or any City or State law, other than the violations identified in subsection A of this section.
C. The expulsion notice shall:
1. Be in writing and signed by the individual issuing it;
2. Contain the date of issuance, the violation that the person is alleged to have committed, and a citation to the code, statute, or park rule violated;
3. Specify the length and places of expulsion;
4. Set out the method for appealing the notice; and
5. Prominently display a warning of the consequences for failure to comply with the notice.
D. The person being expelled need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for an expulsion notice to be issued or effective. (Ord. 5533, 3-15-10)
6-30-3 ADMINISTRATIVE APPEAL:
A. A person receiving an expulsion notice for an expulsion of seven (7) days, or longer, may file an appeal to have the expulsion notice rescinded or the duration of the expulsion shortened.
B. The appeal must be in writing, provide the appellant’s current address, and shall be accompanied by a copy of the expulsion notice that is being appealed.
C. The written notice of appeal must be sent to the Parks and Recreation Administrator, postmarked no later than seven (7) calendar days after the issuance of the expulsion notice.
D. The expulsion shall remain in effect during the pendency of any administrative or judicial proceeding.
E. This chapter shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations of park rules and regulations can be corrected without resort to an expulsion notice. (Ord. 5533, 3-15-10)
6-30-4 ADMINISTRATIVE HEARING:
A. The Parks and Recreation Administrator or his or her designee (hereinafter “Hearing Official”) shall:
1. Notify the appellant of the hearing date, time, and location;
2. Conduct a hearing within ten (10) business days of receipt of the notice of appeal; and
3. Issue a ruling upholding, rescinding, or shortening the duration of the expulsion no later than five (5) business days after the hearing.
B. The Hearing Official shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the expulsion notice, without further evidentiary foundation. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption.
C. The Hearing Official shall consider the expulsion notice and may consider any written or oral sworn testimony of the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the Hearing Official considers relevant and trustworthy. The Hearing Official may consider information that would not be admissible under the evidence rules in a court of law.
D. The Hearing Official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The appellant shall be responsible for serving any subpoena issued at the appellant’s request.
E. If, after the hearing, the Hearing Official is persuaded on a “more probable than not” basis that the violation did occur, the expulsion notice shall be upheld. Upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing Official may shorten the duration of the expulsion. If, however, the violation is not proved on a “more probable than not” basis, then the Hearing Official shall rescind the expulsion. If the Hearing Official rescinds an expulsion, the expulsion shall not be considered a prior expulsion for purposes of RMC 6-30-2A.
F. The decision of the Hearing Official is final.
G. No determination of facts made by the Hearing Official under this section 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.
H. In no event will the Hearing Official be a person who is subordinate to the person who issued the expulsion notice. (Ord. 5533, 3-15-10)
6-30-5 TRESPASS IN PARKS – DEFINITION – PENALTIES:
A. It is unlawful for any person to:
1. Enter or remain in any park during the period covered by an expulsion notice pursuant to RMC 6-30-2; or
2. Enter, remain in, or be present within the premises of a park during hours that the park is not open to the public.
B. It is not a defense to the crime of trespass in parks:
1. That the underlying expulsion issued pursuant to this chapter is on appeal when the expelled person was apprehended, charged, or tried under this section; nor
2. That the expelled person entered or remained in the park pursuant to a permit that was issued either before or after the date of the expulsion notice.
C. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and may be punished by a fine in any sum not to exceed one thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. (Ord. 5533, 3-15-10)