Chapter 9.30


9.30.010    Designated.

9.30.020    Definitions.

9.30.030    Lawful purpose or authorization.

9.30.040    Posting of notices.

9.30.050    Recreational areas excepted.

9.30.060    Statutory authority.

9.30.070    Violation – Penalty.

9.30.010 Designated.

A person shall be guilty of the crime of trespass if said person is on school property as posted in TMC 9.30.040 without lawful purpose or authorization as defined in TMC 9.30.030. (Ord. 2006-4 § 1, 2006).

9.30.020 Definitions.

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

A. “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 determined to charge for admittance.

B. “School property” means that property which is owned by the Toppenish School District.

C. “Student” means a person of school age who is duly enrolled in the Toppenish School District and is not currently under suspension from attendance at classes of said district.

D. “Recreational area” means those areas established by the Toppenish School District for use in nonschool hours for recreational activities including, but not limited to, basketball, tennis, baseball and soccer. (Ord. 2006-4 § 1, 2006).

9.30.030 Lawful purpose or authorization.

“Lawful purpose or authorization” shall be defined as follows:

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

B. If said student is engaged in athletic or other extracurricular events sponsored by the school, then said student shall have 45 minutes after the close of such event to leave the premises;

C. If a nonstudent, other than a 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 B of this section, said nonstudent must have the permission of the parent or guardian of said student to pick up the student; the time period for this nonstudent to be on school property is 15 minutes prior to and 15 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;

D. In the event that the extracurricular activity, such as sporting events, concerts, dances, etc., permits nonstudents to attend, then the nonstudents may remain on the premises involved only and must depart within 15 minutes after the end of such event;

E. 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 areas adjacent to buildings or stadiums during the activity; persons not in actual attendance at an event but on school property will be deemed to be trespassing;

F. In all cases a nonstudent will be guilty of trespass if said person fails to leave the school property after being ordered to do so by an authorized individual. (Ord. 2006-4 § 1, 2006).

9.30.040 Posting of notices.

The school authorities must post notices on their property which shall read: “Any person on these premises without lawful purpose or authorization shall be guilty of trespassing.” (Ord. 2006-4 § 1, 2006).

9.30.050 Recreational areas excepted.

Those students and nonstudents who are making recreational use of the areas designated by the Toppenish School District as recreational areas outside school hours whose conduct is otherwise lawful will not be deemed to be trespassing. The area in the parking lot adjacent to the junior high school and across from the district office will not be deemed a recreational area on a school day until all buses have left the parking lot at the conclusion of school. (Ord. 2006-4 § 1, 2006).

9.30.060 Statutory authority.

The provisions of RCW 28A.87.010 and 28A.87.055 are adopted by reference by this section. (Ord. 2006-4 § 1, 2006).

9.30.070 Violation – Penalty.

Violation of this chapter shall be a misdemeanor and punishable as set forth in TMC 9.05.070. (Ord. 2006-4 § 1, 2006).