Loading...
HomeMy WebLinkAbout2011-048 City Park Exclusion of Individuals for Probable CauseORDINANCE NO. 2011-48 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 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. ATTEST: yp,K�Mq City Clerk ;SEAL Publication Date: October 7, 2011 Effective Date: November 6, 2011 2 611Ay CA/1 Micah Cawley, Mayor • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT l Item No. h"5' 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 01ki Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: 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: