Chapter 6A.18 CITY PARKS, OPEN SPACES, TRAILS, PUBLIC FACILITIES, AND PUBLIC SPACES

This chapter applies to public facilities and all city-owned or city-operated parks and for any other property under the management of the parks and recreation department including, but not limited to, property commonly known as parks, natural areas, greenways, open spaces, trails, boulevards and plazas. These general regulations are in addition to other applicable city, state, and federal laws. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.020 Definitions.

Unless otherwise stated in this chapter the following terms shall be defined as:

(1) “Aircraft” means any machine or device designed to travel through the air including but not limited to: airplanes, remotely controlled aircraft, helicopters, drones and hot air balloons.

(2) “Alcoholic beverages” or “liquor” includes the four varieties of liquor defined as alcohol, spirits, wine and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer; all drinks or drinkable liquids and all preparations of mixtures capable of human consumption. Any liquor, semisolid, solid or other substance, which contains more than one percent alcohol by weight, shall be conclusively deemed to be intoxicating.

(3) “Associated marine area” means any water area within 100 feet of any city of Wenatchee trail, open space, park area or marine facility such as a dock, pier, float, buoy, log boom, or other object that is part of a city of Wenatchee park area; provided, that such area does not include private property.

(4) “Available overnight shelter” means:

(a) A public or private shelter located within the city of Wenatchee that offers overnight shelter to persons experiencing homelessness and confirms to a city employee that it has an available overnight space at no cost for that person; or

(b) If no shelter described in subsection (4)(a) of this section has available space, a shelter located within Chelan County or Douglas County that offers overnight shelter to persons experiencing homelessness and confirms to a city employee:

(i) That it has an available overnight space at no cost for that person; and

(ii) That it is accessible to the person by public transportation or vehicle for hire at no cost for that person.

(c) An overnight shelter is available if an individual is prevented from using an otherwise available shelter space because of their past or present voluntary actions such as unlawful drug use or possession, criminal act(s), unruly behavior or willful violation of shelter rules or restrictions pertaining to such activity.

(d) An overnight shelter is unavailable if:

(i) An individual or family cannot use the shelter’s available space because of shelter-imposed restrictions on its use (other than any restrictions the shelter has imposed pursuant to subsection (4)(c) of this section); or

(ii) A city employee, an individual or family attempts to secure a space at the shelter for the day and is denied due to lack of available space.

(5) “Bicycles” shall mean nonmotorized pedal-powered transportation devices including but not limited to bicycles, BMX bikes and mountain bikes.

(6) “Boat” means any contrivance up to 65 feet in length overall, used or capable of being used as a means of transportation on water.

(7) “Camp” or “camping” means to pitch, create, use, or occupy camp facilities for the purposes of habitation, living accommodation, or dwelling, as evidenced by the storage of personal belongings in “camp facilities” or the use of “camp paraphernalia,” or parking a trailer, camper, or other vehicle for the purpose of remaining in that parked location for 24 consecutive hours.

(8) “Camp facilities” includes, but is not limited to, tents, tarps configured for shelter, huts, and temporary shelters. “Camp facilities” does not include shelters when used temporarily in a park for recreation or play, consistent with this chapter, during hours when the park is open to the public.

(9) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city-designated cooking facilities and similar equipment.

(10) “Camper” means a motorized vehicle containing sleeping and/or household accommodations, and shall include a pickup truck with camper, a van-type body, a converted bus, a recreational vehicle, as defined by WCC 6B.02.030, or any similar type vehicle.

(11) “Campsite” means designed sites used for the purpose of camping.

(12) “City property” as used in this chapter means all improved and unimproved real property owned, leased, maintained or operated by the city of Wenatchee, and all city of Wenatchee easements, including but not limited to all portions of city parks, city buildings, rights-of-way, city parking lots, storm water management facilities and property, city critical areas as defined in WCC 12.08.020(16), city utility property as defined in WCC 9.16.010(8), and associated marine areas as defined in subsection (3) of this section. City property shall not include religious organization property subject to RCW 35A.21.360.

(13) “Department” means any division of the city of Wenatchee parks, recreation and cultural services department.

(14) “Director” means city of Wenatchee parks, recreation and cultural services department director or their designee.

(15) “Facility” means any building, structure, park or other area operated by the city of Wenatchee parks, recreation and cultural services department.

(16) “Group” means a gathering of 50 or more people.

(17) “Litter” means garbage, refuse, rubbish, or any other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a nuisance which annoys, injures, or endangers the health, safety, or comfort of the public.

(18) “Mechanical trapping device” shall be defined as any device including but not limited to snares or machines that shut suddenly upon contact by an animal, or a device that kills or inflicts physical pain and injury upon a captured animal.

(19) “Motor vehicle” means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, all-terrain vehicles, motorcycles, motor scooters, jeeps or similar type four-wheel-drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways.

(20) “Person” means all persons, groups, firms, partnerships, corporations, clubs, and all associations or combination of persons whenever acting for themselves or as an agent, servant, or employee.

(21) “Picnic” means an outing with food, usually provided by members of the group and eaten in the open.

(22) “Rocket” means any device containing a combustible substance which when ignited propels the device forward.

(23) “Special event” means any parade, fair, show, festival, carnival, rally, party, filming of a movie, video or television show, motorcade, run, street dance, bike-a-thon, race, walk, athletic event or other attended entertainment or celebration that is to be held in whole or in part upon any publicly owned park, or if held wholly upon private property, but will nevertheless affect or impact the ordinary and normal use by the general public of any public park within the vicinity of the event.

(24) “Skateboards” means any means of travel with toy wheels.

(25) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

(26) “Trail” means any trail, path, track, or right-of-way designed for use by pedestrians, bicycles, equestrians, or other nonmotorized modes of transportation.

(27) “Trailer” means a towed vehicle.

(28) “Travel” means all forms of movement or transportation, including but not limited to foot, bicycle, horse and skateboards.

(29) “Travel on a trail in a negligent manner” means any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property. (Ord. 2024-21 § 1; Ord. 2024-11 § 1; Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.030 Regulations issued by parks and recreation director.

(1) The parks and recreation director is authorized to issue regulations for the use of park property, facilities, and equipment and, with the written agreement of the property owner, regulations which shall apply to the use by the public of private property which is open to public access pursuant to a condition of an open space agreement with the city or other agency.

(2) All agreements between the city and private owners granting access to open space shall authorize entry upon the land by police officers and other city employees to enforce regulations.

(3) The city assumes no liability for the condition of park property subject to the regulations, for the adequacy of the regulations on park property, or for claims for damages arising from the failure to enforce them. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.040 Park scheduling – Permits and fees.

(1) Park facilities are available for public use whenever possible at set hours not conflicting with city programs, emergency or other closures or approved uses. Reservations or scheduling for use of facilities is required for any community special or private events involving more than routine use of a park and is done by contacting the parks and recreation department.

(2) A special event permit is required for those certain uses listed in the Wenatchee Parks and Recreation Policies and Procedures Manual. Permit applications may be obtained from the parks and recreation department.

(3) Payment of user fees and completion of a facility reservation form are required for specific park facility reservations such as athletic fields, stages, picnic shelters, and the city pool. The fees are set annually.

(4) Persons using facilities by permit will be required to protect, save and hold the city, its elected and appointed officials and employees, while acting within the scope of their duties, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any action including but not limited to personal injuries, death or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group and/or its agents, employees or representatives.

(5) The misuse of a park facility or the failure to conform to the regulations, the instructions of city of Wenatchee employees, or the conditions of a permit will be sufficient reason for denying any future use. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.050 Park hours.

(1) Unless otherwise defined in this section, all city owned and operated parks and open space areas are open to the public during daylight hours only and no person shall enter a closed property without a special event permit. “Daylight hours” is defined as the time between 30 minutes before sunrise and 30 minutes after sunset.

(2) City owned properties located in the Wenatchee Foothills north of 5th Street shall be open to nonmotorized recreational use seasonally from April 1st through November 30th.

(3) A violation of this section is a class 3 civil infraction. (Ord. 2020-26 § 1; Ord. 2017-09 § 1; Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.060 Motor vehicle operation and parking.

(1) No operator of any motor vehicle shall park such vehicle in any public park area, except where the operator is using the area for the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with an approved special event permit. No person shall park, leave standing, or abandon a vehicle in any public park area after park hours except persons using park facilities as part of an event authorized by a special event permit. In addition to the penalties in this section, any vehicle found parked in violation of this section may be towed away at the owner’s expense.

(a) If any motor vehicle without a driver is found parked, standing, or stopped in violation of subsection (1) of this section, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a parking infraction.

(b) There is a prima facie presumption that the registered owner of the motor vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. This presumption may be overcome only if the registered owner states, under oath, in oral testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

(c) If the registered owner of the motor vehicle is a rental car business, before a parking infraction is issued under subsection (1) of this section, the rental car business shall be provided a written notice that a parking infraction may be issued to the rental car business if the rental car business does not, within 30 days of the mailing of the written notice, comply with RCW 46.63.073(1), as now or hereafter amended.

(d) A violation of subsection (1) of this section shall be as stated in WCC 6B.08.010(1).

(2) No person shall operate any motor vehicle on any trail in any public park area unless such trail has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a public park area except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by proper posting. Through traffic is not permitted within the boundaries of any public park or open space.

(3) This section shall not apply to emergency vehicles, public maintenance vehicles, or construction vehicles authorized by the parks and recreation department.

(4) No person shall drive a motor vehicle within any public park area at a speed greater than 15 miles per hour or as otherwise posted, having due regard for traffic on, and the surface and width of, the road, and in no event at a speed which endangers the safety of persons, property, or wildlife.

(5) No person shall clean, wax, polish, service or wash any automobile or other vehicle in any public park area except in areas specifically designated for that use.

(6) No person shall cause a truck or other vehicle while being used for commercial purposes to enter upon, use, or traverse any portion of any public park area or any park road except in the service of the parks and recreation department, at the request of the employees of the parks and recreation department, or by express permission of the parks and recreation department for a special event consistent with public park use.

(7) Unless otherwise stated herein, a violation of this section is a class 2 civil infraction. (Ord. 2011-40 § 1; Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.070 Bicycle operation.

(1) Bicycles may be operated only on paved and graveled trails or designated pathways within city park property.

(2) A violation of this section is a class 3 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.080 Skateboard operation.

(1) Every person who shall use a skate court or travel on a trail shall obey the Skate Court Use and Trail Policies designated in the Wenatchee Parks and Recreation Department Policies and Procedures Manual.

(2) A violation of this section is a Class 3 civil infraction. (Ord. 2010-10 § 6; Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.090 Trails use.

(1) No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of 10 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section.

(2) No person shall travel on a trail in a negligent manner. Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer.

(3) Community and neighborhood multi-use trail corridors and paved pathways are open to all nonmotorized users unless otherwise designated and posted. Pedestrians, bicyclists and equestrians are permitted on all maintained soft surface pathways unless otherwise posted and designated. Trail restrictions may be posted at park entrances, trailheads or, in some cases, individual trails. Trail use designations will be based on the park master plan, resource conservation, trail user conflicts, maintenance issues, and safety hazards.

(4) Every person who shall use or travel on a trail shall obey the trail use policy designated in the Wenatchee Parks and Recreation Policies and Procedures Manual.

(5) It shall be unlawful for any person to place, deposit, or otherwise cause or suffer to be located any structure, device, or natural or artificial thing that threatens or endangers any portion of a trail owned or maintained by the city, or that tends to endanger persons traveling thereon, obstructs or tends to obstruct or constitutes a hazard to persons traveling thereon.

(6) A violation of this section is a class 2 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.100 Pool use.

(1) Every person who uses the city pool shall obey the swimming pool use policies designated in the Wenatchee Parks and Recreation Department Policies and Procedures Manual.

(2) A violation of this section is a class 3 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.110 Aircraft.

(1) Launching, takeoff and landing of aircraft are prohibited in all city parks, except: during a city-sponsored event or with an approved special event permit; aircraft used to transport injured persons, evacuees, medical personnel or public officials in the event of an accident, disaster or emergency; aircraft may be landed in city parks when emergency circumstances prevent landing at other safe locations; provided, that the owner submits a written statement explaining the circumstances of the emergency to the city of Wenatchee within 72 hours following the emergency landing.

(2) A violation of this section is a class 1 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.120 Rockets.

(1) Launching of rockets in city parks is allowed in designated city parks with a special event permit and following the specifications designated in the rocket use policy in the Wenatchee Parks and Recreation Policies and Procedures Manual.

(2) A violation of this section is a class 3 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.130 Restrictions on animals in parks.

(1) Except as provided in WCC 5.28.090, dogs and other domestic animals are allowed within those areas of city parks designated in the dog use area policy in the Wenatchee Parks and Recreation Policies and Procedures Manual.

(2) All dogs, where otherwise allowed on city park property as provided in the above-referenced policy, must be under control by means of a leash. This requirement does not apply to areas of park property designated for dog exercise and training or service animals.

(3) Owners and handlers are required to have in their possession the equipment necessary to remove their animals’ fecal matter when accompanied by the animal on public property or public easement. Owners or handlers are required to pick up, bag, and dispose of all animal waste left by their pets in a proper disposal can.

(4) Horses are permitted on trails unless otherwise posted and designated. Horses shall be permitted in other city park areas that are specifically posted to permit such activity. Horses shall not be permitted on any designated play area, athletic field, or picnic area. No person shall allow a horse or other animal to stand unattended or insecurely tied.

(5) No person shall hunt, catch, or injure any wild animal or bird on park property.

(6) A violation of subsections (1), (2), (3) and (4) of this section is a class 3 civil infraction, while a violation of subsection (5) of this section is a class 1 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.140 Camping.

(1) Camping Prohibited. It is unlawful for any person to camp, occupy camp facilities or use camp paraphernalia on city property, except as set forth in subsection (3) of this section.

(2) Storage of Camping Items Prohibited. It is unlawful for any person to store camp facilities and camp paraphernalia on city property, except as otherwise provided by the Wenatchee City Code.

(3) Exceptions. The prohibitions contained in subsection (1) of this section shall not apply if:

(a) The person is engaged in activity prohibited by subsections (1) and (2) of this section because they are experiencing homelessness, and there is no overnight shelter available on the date that the prohibited activity occurs; provided, that any tent or shelter shall provide a minimum one-foot-by-one-foot opening on at least one side of the tent or shelter that provides transparency into the tent or shelter; or

(b) The person is camping or using camp paraphernalia or camp facilities at an authorized location by the director after paying the required fees; or

(i) The director may approve a permit for camping on city park property if the director finds, based upon a permit application and information otherwise obtained, that:

(A) Adequate sanitary facilities are provided and accessible at or near the camp site;

(B) Adequate trash receptacles and trash collection will be provided;

(C) The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of private property owners;

(D) The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance; and

(E) The camping is in the public interest.

(ii) Seven days is the maximum period of time a permit may authorize camping on city property.

(iii) Any person denied a permit may appeal the denial to the hearing examiner in the manner described for an appeal of administrative interpretations and decisions as stated in Chapter 13.11 WCC.

(4) Penalties and Enforcement.

(a) A violation of this section is a misdemeanor.

(b) When any police officer or city official has probable cause to believe that any person has violated this section, the officer or official may:

(i) Verbally order such person to immediately leave the city property for 24 hours where the violation is occurring. Subject to subsection (3)(a) of this section, any person refusing to comply with such an order or returning to the property within 24 hours of the verbal order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW and WCC 6A.06.030; and

(ii) Issue the person a written order pursuant to WCC 6A.18.280(2) excluding them from the property where the violation is occurring or has occurred.

(5) Rules and Regulations. The director is authorized to promulgate rules and regulations not in conflict with the Wenatchee City Code regarding the implementation and enforcement of this section. (Ord. 2024-11 § 2; Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.150 Campfires and barbecues.

(1) Campfires are prohibited on park property except in designated areas or by special event permit.

(2) Charcoal and wood-fired barbecues are prohibited except in city-supplied barbecues or by special event permit. Use of propane barbecues is allowed in designated barbecue areas.

(3) A violation of this section is a class 1 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.160 Reserved.

(Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.170 Sales and rentals.

(1) The sale of food, drink, other merchandise, or any services on park property is prohibited, unless the seller has a written concession agreement and appropriate business licensing with the city.

(2) The rental of any merchandise or materials on park property is prohibited, unless the renter has a written concession agreement and appropriate business licensing with the city.

(3) A violation of this section is a class 1 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.180 Signposting and solicitation.

(1) It is unlawful to distribute or post any handbills, circulars or place or erect any signboard, sign, advertising, decoration, or similar structure on any park property, without the written permission of the parks and recreation director or designee.

(2) A violation of this section is a class 2 civil infraction. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.190 Restricted areas.

(1) It is unlawful for any person except a duly authorized department of parks and recreation or other city employee in the performance of his or her duties, or other person authorized by law, to enter or go upon any area which has been designated and posted by the city of Wenatchee as “no admittance,” “closed to use” or “no trespassing” for the purpose of protecting park property or for protecting the public from conditions which constitute a potential hazard.

(2) It is unlawful for any person to engage in any activity that has been deemed potentially hazardous to public safety or park property, or incompatible with park property usage as designated and posted by the parks and recreation department.

(3) A violation of this section is a misdemeanor. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.200 Practicing and playing certain games.

(1) No games shall be played or activities undertaken that will cause damage to park property, including turf, or endanger other park users. For example, it shall be unlawful to play or practice golf because of potential turf damage and safety concerns, hit baseballs or softballs in areas where other park users are endangered or engage in other activities that create risk to persons or property (cricket, polo, lacrosse, archery and hockey are examples). Such games may be played or activities undertaken in park areas set apart and/or designated for such purposes by the parks and recreation department.

(2) Except as may otherwise be permitted by the city, games of any kind are prohibited in parking lots and roadways of all city park facilities.

(3) A violation of this section is a misdemeanor. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.210 Reserved.

(Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.220 Reserved.

(Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.230 Fireworks prohibited in parks.

(1) No person shall possess, discharge, set off, or cause to be discharged, in or into any city park area, any firecracker, torpedo, firework, explosive, or substance harmful to the life or safety of persons or property, unless so authorized by a special event permit.

(2) A violation of this section is a gross misdemeanor. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.240 Firearms prohibited in parks.

(1) No person shall possess a bow and arrow, crossbow, or air or gas weapon in a city park. No person shall discharge across, in, or into any city park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal or damaging or destroying any public or private property except for law enforcement officials acting in official capacity, or discharge of a firearm in defense of self or others.

(2) A violation of this section is a gross misdemeanor. (Ord. 2009-37 § 3; Ord. 2009-04 § 1; Ord. 2008-10 § 2)

6A.18.250 Removal or destruction of park property.

(1) It is unlawful to remove, injure, collect, gather, or harvest natural resources or other materials on park property except by written permission of the parks and recreation director or designee.

(2) A violation of this section is a misdemeanor. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.260 Encroachments on park property.

(1) It is unlawful for any person other than a duly authorized employee or agent of the city of Wenatchee to do any of the following acts without the written permission of the parks and recreation director: place, erect, or maintain any structure or obstruction of any kind on park property; deposit or store any refuse, debris, vegetation, personal property, litter, or any other material on park property; mow, prune, cut, clear, plant on, or otherwise alter or disturb any park property.

(2) A violation of this section is a misdemeanor. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.270 Infraction – Penalty.

Violations of this chapter constituting civil infractions shall be enforced and punishable as set forth in Chapter 7.80 RCW, as now or hereafter amended. (Ord. 2009-37 § 3; Ord. 2008-10 § 2)

6A.18.280 Prohibition of entry upon or in public facilities.

(1) Policy. The city council finds that, from time to time, the right of the general public to enjoy public facilities provided by the city is infringed upon by persons who engage in criminal conduct at the public facilities or who possess and consume alcohol at the public facilities in violation of state or local law. The city council further finds that persons have the right to enter or remain in a public facility, but such right of the person who engages in criminal activity at a public facility is outweighed by the right of law-abiding persons to use such facilities without the interference or fear of the criminal activity of others.

(2) Written Order.

(a) Issuance of Written Order by Police Officer. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection (4) of this section on any public facility then the police officer has authority to issue the person a written order prohibiting that person from entering or remaining in the public facility where the act was alleged to be committed. When a police officer issues a written order, the order shall remain effective for 45 calendar days from the date of issuance.

(b) Issuance of Written Order by Court. Whenever a criminal charge has been filed in a court of competent jurisdiction against a person wherein it is alleged that the criminal conduct occurred at a public facility, the judge, commissioner, or judge pro tempore of the court shall have the authority to issue a written order either while the criminal matter is pending or, if the person was convicted of a criminal charge, as a part of the person’s sentencing conditions prohibiting that person from entering or remaining in the public facility where the act was alleged to be committed. When a judge, commissioner, or judge pro tempore issues a written order, the effective date and expiration date shall be set by such judge, commissioner or judge pro tempore; provided, that the expiration date on such order shall not extend beyond the date which the court has jurisdiction over the person.

(i) The name of the person the written order is being issued to;

(ii) The name of the person issuing the written order;

(iii) The public facility that the person is being prohibited from entering or remaining in;

(iv) The date the written order is issued;

(v) The date the written order expires;

(vi) Specification of the alleged misconduct;

(vii) Specification that a violation of the written order is a misdemeanor; and

(viii) Shall include a statement of the appeal rights in this section.

(d) Written orders issued under this section:

(i) Are valid and effective whether or not the prohibited person is charged, tried or convicted of any crime or infraction;

(ii) Are valid and effective even if the prohibited person refuses a copy of the order; provided, that the issuing police officer reasonably notifies the prohibited person verbally of the prohibited period and the place(s) of exclusion;

(iii) Are valid and effective for the prohibited period unless and until shortened or rescinded by an official ruling after appeal in this section; and

(iv) May be based upon observations by city officials and/or police officers, or upon civilian reports that an official or officer could reasonably rely on in determining probable cause.

(3) Violation of Written Order. A person who violates a written order issued pursuant to this section shall be guilty of a misdemeanor.

(4) Misconduct to Support Written Order. An act which may result in the issuance of a written order prohibiting a person from entering a public facility includes, but is not limited to, any of the following when committed at the public facility:

(a) Any act that qualifies as a felony, gross misdemeanor or misdemeanor crime by federal, state, or local law; and

(b) Any act that qualifies as a civil infraction as stated in the Wenatchee City Code.

(5) Hearing.

(a) Request for a Hearing. If the written order was issued by a police officer, the person prohibited from entering or remaining in the public facility may request a hearing to have the issuance of the order reviewed. Such request shall be in writing and contain a return address that will enable the city to provide such person written notice of hearing dates. The written request for a hearing must be filed with the department within 14 days of the issuance date of the written order. If a request for a hearing is not timely received by the department, then the right to a hearing will be waived.

(b) Hearing Date. The chief shall set a hearing to be held within 14 calendar days of the date such request for hearing is received by the department. For good cause, the chief may set the hearing to a date beyond the 14 days listed herein.

(c) Burden. At the hearing, the city must establish by a preponderance of the evidence that probable cause existed to believe that the person committed any act set forth in subsection (4) of this section. Proof of probable cause may be established based upon the sworn declarations, including a police officer’s report, without further evidentiary foundation. Any sworn declaration may be supplemented by the testimony of witnesses or the presentation of other evidence. The person against whom the order was issued shall have the opportunity to present evidence and testimony, which may be done through sworn declarations, when challenging the written order.

(d) Regulation of Hearing.

(i) The chief shall regulate the course of the hearing.

(ii) The chief shall not be a witness at the hearing.

(iii) Either a recording or a verbatim record of the hearing shall be made. Upon request, a copy of the recording or verbatim record shall be provided to the person.

(iv) The chief shall issue a written decision setting forth findings of fact, conclusions of law, and an order affirming, vacating, or modifying the police officer’s issuance of the written order.

(v) The written decision shall be provided to the person against whom the written order was issued, or his or her legal counsel, within 10 calendar days after the conclusion of the hearing.

(vi) The written decision shall be personally served or provided by certified mail, return receipt requested. If service is done by mail, service shall be deemed complete upon the third business day after the date of mailing.

(6) Appeal. An appeal of the written decision issued by the chief may be filed with the Chelan County superior court within 20 calendar days from the date of service of the written decision, or is thereafter barred. Any appeal shall be based on the record from the hearing and shall be upheld unless it is determined that the written decision was arbitrary and capricious. Any appeal shall be conducted pursuant to judicial review under the Administrative Procedure Act as set forth in RCW 34.05.534 through 34.05.574, as now or hereafter amended. The appeal process in this section cannot be used to appeal any criminal penalties imposed by a court under this section or any other law.

(7) Definitions. For the purposes of this section:

(a) “Public facility” means city property, facility, and any publicly owned park.

(b) “Department” means the city of Wenatchee police department.

(d) “Written order” means the order prohibiting that person from entering or remaining in a public facility as issued in subsection (2) of this section.

(e) “Police officer” means a duly appointed city, county, or state law enforcement officer. (Ord. 2024-11 § 3; Ord. 2009-37 § 3; Ord. 2008-10 § 2; Ord. 2006-43 § 1. Formerly 6A.18.090)

6A.18.290 Chapter 7.80 RCW sections adopted by reference.

The following sections of the Revised Code of Washington (“RCW”), as now or hereafter amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130, and 7.80.160. (Ord. 2009-37 § 4; Ord. 2008-10 § 3)