Chapter 12.48
EXCLUSION FROM PUBLIC LAND
Sections:
12.48.020 Exclusion from public land.
12.48.030 Appeal of exclusion notice.
12.48.040 Appeal of temporary waiver decision.
12.48.010 Use regulations.
The provisions of this chapter apply to all public land. For the purposes of this chapter, the term “public land” includes publicly owned or leased land or buildings under city ownership, control or authority. (Ord. 1032 § 1 (part), 2013)
12.48.020 Exclusion from public land.
(1) In addition to any other remedy or penalty provided by law, a peace officer or other person specifically authorized by the manager may exclude a person who violates a provision of the state or local law or rule from that public land for a period of up to 90 days.
(2) A person excluded pursuant to SMC 12.48.020(1) may not enter or remain upon that public land during the exclusion period except a person excluded from the City Hall building may enter upon or remain at the City Hall building to the extent necessary to file documents required to be filed with a city official or appear in a municipal court proceeding.
(3) A person will be given a warning and an opportunity to comply with the law or rule before an exclusion notice is issued unless the exclusion is based on:
a. Conduct punishable as a felony;
b. Controlled substances or alcoholic beverages;
c. Actions actually or likely to result in personal injury or property damage; or
d. The person having been previously warned or excluded for the same conduct in a separate situation.
(4) An exclusion notice will not be issued if the person promptly complies with the warning under SMC 12.48.020(3).
(5) An exclusion notice will be written and include:
a. The signature of the issuing party and date of issuance;
b. The effective dates of the exclusion period;
c. The places from which the person is excluded;
d. The provisions of law violated;
e. A brief description of the offending conduct;
f. A statement of the consequences for failure to comply; and
g. The appropriate municipal court procedures.
(6) This chapter does not authorize exclusion of a person lawfully exercising free speech rights or other rights protected by state or federal law.
(7) At any time during an exclusion, a person receiving an exclusion notice may petition in writing to the city manager, or designee, for a temporary waiver of the exclusion for good reason. (Ord. 1032 § 1 (part), 2013)
12.48.030 Appeal of exclusion notice.
(1) Any person receiving an exclusion notice may appeal to the municipal court and seek to have the exclusion reversed or the exclusion period shortened.
(2) An appeal of an exclusion notice must be filed with the city within 10 calendar days of receipt of the notice, unless extended by the municipal court.
(3) An appeal of an exclusion notice automatically stays the exclusion period until a decision on appeal is issued by the municipal court.
(4) The municipal court will conduct a de novo hearing and decide all appeals within 10 days of their filing unless the hearing date is extended by court order or the hearing requirement is waived by the petitioner. (Ord. 1032 § 1 (part), 2013)
12.48.040 Appeal of temporary waiver decision.
(1) Any person who has requested a temporary waiver of an exclusion pursuant to subsection 12.48.020(7) may appeal to the municipal court and seek to have the decision of the city manager or the manager’s designee reversed or modified.
(2) An appeal brought under this section must be filed with the city within 10 calendar days of receipt of the notice of the decision of the city manager or manager’s designee, unless extended by the municipal court.
(3) The municipal court will conduct a de novo hearing and decide all appeals within 10 days of their filing unless the hearing date is extended by court order or the hearing requirement is waived by the petitioner. (Ord. 1032 § 1 (part), 2013)