Chapter 9.94
OFFENSES RELATING TO SCHOOL PROPERTY OR PERSONNEL

Sections:

9.94.010    Trespassing on school property.

9.94.020    Definitions.

9.94.030    Lawful purpose or authorization.

9.94.040    Posting of notices.

9.94.050    Recreational area excepted.

9.94.060    Statutory authority.

9.94.900    Statutes incorporated by reference.

9.94.010 Trespassing on school property.

A person shall be guilty of the crime of trespassing on school property if such person is on school property located within the city, where such property is posted as required by Section 9.94.040 without lawful purpose or authorization, as defined in Section 9.94.030. (Ord. 1001 §1(part), 1999).

9.94.020 Definitions.

For the purpose of this chapter, the words set out in this section shall have the following meanings:

"Actual attendance at an event" means inside the school-owned area for which admittance fees are required, or if attendance fees are not required, that area inside which a fee would have been required had the school district or administration determined to charge for admittance.

"Authorized individual" means any administrator or employee of the school, or other person delegated with the responsibility of supervision for school property.

"Recreational area" means those areas established by the Elma School District, and by the administration of any other school located within the city, for use during nonschool hours for recreational activities, including, but not limited to, basketball, tennis, baseball, football and soccer.

"School property" means that property which is owned by the Elma School District or any other school located within the city.

"Student" means a person of school age who is duly enrolled in a school in the Elma School District, and who is not currently under suspension from attendance at classes of such school and/or district. (Ord. 1001 §1(part), 1999).

9.94.030 Lawful purpose or authorization.

"Lawful purpose or authorization" shall be defined as follows:

A.    Those persons who are on school property for the purpose of conducting lawful business;

B.    A student assigned to the school at which he or she is found within one-half hour before and one-half hour after the beginning or the conclusion of official school hours as set by the school district or administration.

C.    If such student is engaged in athletic or other extracurricular events sponsored by the school, then such student shall have sixty minutes after the close of such event to leave the premises;

D.    If a nonstudent, other than the parent of a student, is on the premises for the purpose of delivering a student or picking up a student from school or from an event as described in subsection C of this section, such nonstudent, must have the permission of the parent or guardian of such student to pick up such student; the time period for this nonstudent to be on the school property is fifteen minutes prior to and fifteen minutes after school hours and/or extracurricular activities; in addition, a nonstudent, other than a parent or guardian of a student, shall not be present on school property during lunch or recess periods;

E.    In the event that the extracurricular activity, such as sporting events, concerts, meetings, presentations, instructional programs, dances, and the like, permits nonstudents to attend, then the nonstudent may remain on the premises involved only, and must depart within sixty minutes after the end of such event;

F.    To be included in the interpretation of lawful purpose or authorization for extracurricular events, the nonstudent must be in actual attendance of the event; actual attendance does not permit gathering in parking lots or other school area adjacent to buildings or stadiums during the activity; persons not in actual attendance of an event but on school property will be deemed to be trespassing;

G.    In all cases a nonstudent will be guilty of trespassing if such person fails to leave the school property after being ordered to do so by an authorized individual. (Ord. 1001 §1(part), 1999).

9.94.040 Posting of notices.

The school authorities must post notices on their property which shall read basically as follows:

ANY PERSON ON THESE PREMISES WITHOUT LAWFUL PURPOSE OR AUTHORIZATION SHALL BE GUILTY OF TRESPASSING.

(Ord. 1001 §1(part), 1999).

9.94.050 Recreational area excepted.

Those students and nonstudents who are making recreational use of the areas designated by the administration of the school district serving the students located within the city, as recreational areas outside school hours whose conduct is otherwise lawful, will not be deemed to be trespassing. (Ord. 1001 §1(part), 1999).

9.94.060 Statutory authority.

The provisions of Section 28A.87.010 and Section 28A.87.055 of the Revised Code of Washington are adopted by reference, in this section, as if fully set forth, and as may be hereinafter amended. (Ord. 1001 §1(part), 1999).

9.94.900 Statutes incorporated by reference.

The following state statutes are incorporated in this chapter by reference:

RCW 28A.635.010

(Abusing or insulting teachers, liability for--Penalty.

RCW 28A.635.020

(Willfully disobeying school administrative personnel or refusing to leave public property, violations, when--Penalty)

RCW 28A.635.030

(Disturbing school, school activities or meetings--Penalty)

RCW 28A.635.090

(Interference by force or violence--Penalty)

RCW 28A.635.100

(Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful)

RCW 28A.635.110

(Violations under RCW 28A.635.090 and 28A.635.100--Disciplinary authority exception)

RCW 28A.635.120

(Violations under RCW 28A.635.090 and 28A.635.100--Penalty)

(Ord. 1001 §1(part), 1999).