9.06.235 Procedure for exclusion from city parks.
A. The parks and recreation director or his/her designees may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender’s last known address, exclude from a city park, anyone who within a city park:
1. Violates any provision of this chapter; or
2. Violates any park rule; or
3. Engages in any conduct constituting probable cause that he or she is committing or has committed any criminal offense; or
4. Conducts himself/herself in a manner that unreasonably interferes with the use and enjoyment of the premises by other members of the public or the work environment of city staff.
The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the parks and recreation director or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
B. If the offender:
1. Has not been excluded from any city park by an exclusion notice issued within one year prior to the current violation, then the parks and recreation director or his/her designee may exclude the offender from any or all city parks for a period of sixty days from the date of issuance of the exclusion notice.
2. Has been the subject of a prior exclusion notice issued within one year prior to the current violation, then the parks and recreation director or his/her designee may exclude the offender from any or all city parks for a period of one hundred eighty days from the date of issuance of the exclusion notice.
C. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice.
D. The original exclusion notice will be forwarded to the Everett police department records unit for entry into the police records management system. One copy of the exclusion notice will be maintained by park staff and one copy will be delivered to the subject of the notice as provided in this section.
E. An offender receiving an exclusion notice may request a hearing to have the exclusion notice rescinded or modified. The hearing examiner shall be an elected or pro tempore Everett municipal court judge, unless the mayor designates another as hearing examiner. The request for a hearing shall be delivered to the parks and recreation director or postmarked no later than seven days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. Immediately upon receipt of a request for hearing on an exclusion notice, department staff will forward the information directly to the legal department—criminal division (prosecutor), who will cause the scheduling of the hearing and take reasonable steps to notify the offender of the date, time and place of the hearing. An exclusion notice should only be rescinded or modified following a hearing as described herein.
F. The decision following a hearing is final. An offender seeking judicial review of the hearing examiner’s decision must file an application for a writ of review in the Snohomish County superior court.
G. The exclusion notice remains in effect during the pendency of any administrative or judicial proceeding.
H. No determination of facts made by a person conducting a hearing 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.
I. It is the intent of the parks and recreation department that this section be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 of this section can be corrected without resort to an exclusion notice. (Ord. 3360-13 § 38, 2013; Ord. 2442-00 § 28, 2000.)