Chapter 9.04


9.04.100    Trespassing on school district property.

9.04.100 Trespassing on school district property.

A.  Offense Designated.  A person is guilty of the crime of trespass if the person is on school property as posted in subsection D of this section without lawful purpose or authorization as defined in subsection B of this section.

B.  Definitions.  For the purpose of this section, the words set out in this subsection shall have the following meanings:

1.  “Actual attendance at 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.

2.  “Recreational area” means those areas established by the Wapato school district for use in nonschool hours for recreational activities including, but not limited to basketball, tennis, baseball, soccer and use of other athletic facilities as determined by the school district.

3.  “School property” means that property which is owner by the Wapato school district.

4.  “Student” means a person of school age who is duly enrolled in the Wapato school district and is not currently under suspension from attendance at classes of the district.

C.  Lawful Purpose or Authorization.  “Lawful purpose or authorization” is defined as follows:

1.  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.

2.  If the student is engaged in athletic or other extracurricular events sponsored by the school, then the student shall have forty-five minutes after the close or such event to leave the premises.

3.  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 subdivision 2 of this subsection, the nonstudent must have the permission of the parent or guardian of the student to pick up the student; the time period for this nonstudent to be on 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.

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

5.  To be included in the interpretation of lawful purpose or authorization for extracurricular events, the nonstudent must be in actual attendance of the event; 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.

6.  In all cases a nonstudent will be guilty of trespass if the person fails to leave the school property after being ordered to do so by an authorized individual.

D.  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.  Wapato Ordinance No. 855.

E.  Recreational Areas Excepted.  Those students or nonstudents who are making recreational use of the areas designated by the Wapato school district as recreational areas outside school hours whose conduct is otherwise lawful, will not be deemed to be trespassing.

F.  Statutory Authority.  The provisions of RCW 28A.87.010 and 28A.87.055 are adopted by reference by this section.

G.  Violation--Penalty.  Violation of this section shall be punished by a fine not to exceed two hundred fifty dollars.  (Ord. 855 §§1--7, 1988)