HomeMy WebLinkAbout10/04/2011 15 City Park Exclusion of Individuals for Probable Cause BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. T 1\
For Meeting Of
ITEM TITLE: An ordinance concerning Parks and Playgrounds; amending Chapter
13.16 of the City of Yakima Municipal Code by adding a new section 13.16.160 authorizing
Yakima Police officers and the Parks and Recreation Manager to exclude individuals from
city parks when there is probable cause to believe a person has committed a crime or
infraction while in a city park and providing the opportunity to appeal the decision to exclude.
SUBMITTED BY: Cynthia I. Martinez, Assistant City Attorney
CONTACT PERSON /TELEPHONE: Cynthia I. Martinez, (509) 575 -6033
SUMMARY EXPLANATION: This ordinance would grant Yakima Police Department
officers and the Parks and Recreation Manager the authority to exclude (or trespass)
individuals from City of Yakima parks for a period of time when there is probable cause to
believe the person has committed a crime or infraction within a city park. The notice of
exclusion will be a written form that will inform the offending individual of the reason for the
exclusion, the length of exclusion, where they are excluded from, the fact that a violation of
the exclusion may subject the violator to a prosecution for trespass, and the opportunity to
appeal the decision. The current Transit Hearing Examiner has agreed to also preside over
• the park exclusion appeals; the Professional Services Agreement should be finalized by the
next City Council Business meeting.
The Yakima Greenway was also interested in authorizing Yakima Police to exercise this
• authority on the Greenway. However, since the Yakima Greenway is not a City of Yakima
park, a separate agreement will need to be executed. Jim Hagarty, the Yakima County
Prosecutor, has agreed to prosecute juveniles who trespass after being excluded from the
park.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source ���� `' �,L, ,
APPROVED FOR SUBMITTAL: - ��� � �, „- ai . City Manager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Council Public Safety
Committee has recommended that this Ordinance be forwarded to the full Council for
consideration.
COUNCIL ACTION:
•
ORDINANCE NO. 2011-
AN ORDINANCE concerning Parks and Playgrounds; amending Chapter 13.16 of the City
of Yakima Municipal Code by adding a new section 13.16.160 authorizing
Yakima Police officers and the Parks and Recreation Manager to exclude
individuals from city parks when there is probable cause to believe a
person has committed a crime or infraction while in a city park and
providing the opportunity to appeal the decision to exclude.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. A new section 13.16.160 is added to chapter 13.16 of the Yakima Municipal
Code to read as follows:
13.16.160 Exclusion from City Parks
A. Notification of Exclusion. In addition to other penalties that may be imposed by
law for the violation of the posted rules and regulations and /or the commission of other
• offenses in City of Yakima parks, Yakima Police officers and the Parks and Recreation
Manager, or his /her designee, are authorized to exclude from city parks an individual
who they have probable cause to believe has committed a crime or infraction while in a
City of Yakima park. The Notice of Exclusion shall be in writing and shall inform the
effected person of the reason for the exclusion, referencing a police report incident
number is sufficient, the period of exclusion, and that failure to comply with the Notice of
Exclusion shall be grounds for criminal prosecution. Service of the Notice of Exclusion
may be accomplished by personal service or by mailing a copy, addressed to the
person's last known address, by certified and regular United States mail. Unless
otherwise specified on the notice, the period of exclusion shall take effect immediately
upon actual or constructive receipt of the notice by the person being excluded. A person
may not defeat the effectiveness of a notice of exclusion by refusing to accept the notice.
Receipt of the Notice of Exclusion is construed to have been accomplished five days
after the notice is placed in the U.S. mail. Failure to immediately comply with a Notice of
Exclusion may subject the violator to prosecution for criminal trespass.
B. Appeal. A person who has been excluded from city parks, as described
410 in section A, may submit a written request for a review of the exclusion. The
request must be postmarked by the United States Postal Service or received by
the city clerk within ten calendar days after the effective date of the exclusion. •
Upon receiving a timely request, the appointed hearings examiner shall conduct
a hearing in which the City may present evidence supporting the exclusion,
including but not limited to, evidence that the notice of exclusion procedures were
followed, and that at the time of the exclusion there was probable cause to
believe a crime or infraction was committed in a city park by the excluded
individual. The excluded party may present evidence as to why the exclusion
was improper or should be reduced in time. This may be done by phone or in
person at a time and location determined by the appointed hearings examiner.
Within ten calendar days following the hearing, the appointed hearings examiner
shall issue a written decision affirming, modifying or terminating the exclusion.
The appointed hearings examiner's decision shall be final.
C. Savings. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance is declared invalid or unconstitutional for any reason, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 4th day of October, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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