Ordinance 22-003 amends Title 6 trespass CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 22-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING THE NAME OF TITLE 6 OF THE SPOKANE VALLEY
MUNICIPAL CODE, ADOPTING CHAPTER 6.10 OF THE SPOKANE VALLEY
MUNICIPAL CODE AUTHORIZING REMOVAL OF INDIVIDUALS FROM PUBLIC
FACILITIES IN CERTAIN SITUATIONS, ESTABLISHING A PROCESS FOR SUCH
REMOVAL, PROVIDING AN APPEAL PROCESS AFTER SUCH REMOVAL;
AMENDING CHAPTER 6.05 OF THE SPOKANE VALLEY MUNICIPAL CODE
RELATING TO SANCTIONS FOR VIOLATING PARK RULES; AND OTHER
MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley (City) is a non-charter optional code city as provided in
Title 35A RCW and incorporated under the laws of the state of Washington; and
WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution and RCW
35A.11.020, the City is authorized to regulate public property, including City Hall, CenterPlace, the
Spokane Valley Police Precinct, parks, public rights-of-way, and all City-owned property and facilities;
and
WHEREAS, individuals on City property and facilities might engage in conduct that is dangerous,
unsafe, illegal,or unreasonably disruptive to other users. Such conduct creates an immediate public health,
safety, and welfare hazard for City employees and officials and users of such property and facilities. In
order to protect the public health,safety,and welfare,the City may from time-to-time be required to exclude
such individuals whose conduct is dangerous, unsafe, illegal, or unreasonably disruptive to other users of
the City-owned property or facility; and
WHEREAS,this public safety need must be balanced with the due process rights of individuals by
providing to them a clear explanation of the reasons for their exclusion and by providing to them a speedy
review of the original decision; and
WHEREAS, the City Council enacted similar provisions specifically related to parks in chapter
6.05 of the Spokane Valley Municipal Code (SVMC), but has not adopted such a process for excluding
people from other City property and facilities, such as City Hall, when their conduct is dangerous, unsafe,
illegal, or unreasonably disruptive to other users; and
WHEREAS, the City Council desires to enact comprehensive criteria and procedures to exclude
individuals whose conduct is dangerous, unsafe, illegal, or unreasonably disruptive to other users of all
City-owned property or facility; and
WHEREAS, the City Council hereby finds that adoption of the criteria, procedures, and the
amendment to the SVMC are necessary for the preservation of the public peace,health,safety,and welfare.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose; findings. The purpose of this Ordinance is to adopt criteria and
procedures to exclude from City property and facilities individuals whose behavior is dangerous, illegal,or
unreasonably disruptive to other users and City employees. The City Council hereby adopts the recitals
above as findings in support of this Ordinance.
Ordinance 22-003 Trespass from City Property Page 1 of 4
Section 2. Amendment. Title 6 SVMC is hereby amended as follows:
Title 6: CITY FACILITIES AND PARKS
Section 3. Adoption. Chapter 6.10 SVMC relating to trespass on City property and facilities
is hereby adopted in Title 6 SVMC as set forth below:
6.10 TRESPASS FROM CITY PROPERTY AND FACILITIES
6.10.010 Purpose, authority, and applicability.
The purpose of this chapter is to adopt a legal process for excluding from City property and facilities any
individual whose behavior is dangerous, illegal, or unreasonably disruptive to other users and City
employees and to give the City Manager the authority to issue trespass notices. This chapter is enacted as
an exercise of the City's authority to protect and preserve the public health, safety, and welfare. This
chapter shall apply to all City-owned property and facilities.
6.10.020 Definitions.
The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply
for use with this chapter. Solely for purposes of this chapter, if a conflict exists between these definitions
and the definitions in Appendix A,these definitions shall govern.
"City property and facilities" means all or any part of a building, facility, or real property owned by the
City, including but not limited to City Hall, CenterPlace, city parks, park facilities, stormwater facilities,
streets, or rights-of-way.
"Dangerous behavior"means behavior that creates an imminent and unreasonable risk of injury or harm to
either themselves, other persons, or property of another.
"Illegal behavior"means behavior that is prohibited by the laws of the United States, Washington State, or
applicable county or City codes, rules, policies, or lawful directive of City employee or law enforcement
officer.
"Unreasonably disruptive behavior" is behavior that is not constitutionally protected and that, in
consideration of the nature, scope, use, and purpose of the City property and facilities in question,
unreasonably interferes with others' use and enjoyment of the City property and facilities or with the
operation of the City property and facilities.
6.10.030 Authorization to exclude; issuing notice of trespass.
A. The City Manager is authorized to issue a notice of trespass and exclude any individual from City
property and facilities who engages in any dangerous behavior,illegal behavior,or unreasonably disruptive
behavior while on or within City property and facilities, or who enters any City property and facilities, or
area of a property or facility that is closed to the general public. The exclusion shall be limited by the nature
and scope of the violation identified by the City Manager.
B. The notice of trespass shall be delivered in person to the individual or by first class mail to the individual
at the individual's last known address. A copy of the appeal form shall be attached to the notice of trespass.
C. The individual need not be charged, tried, or convicted of any crime or infraction for the notice of
trespass to be issued or be effective.
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6.10.040 Notice of trespass content requirements.
A notice of trespass shall be in writing and shall contain the following information: the date of issuance,
the basis for the exclusion, the time period of the exclusion pursuant to SVMC 6.10.050, the area from
which the individual is excluded,the consequences for failure to comply,and a summary of the appeal right
pursuant to SVMC 6.10.060. A notice of trespass may contain conditions, exclusion, and exceptions as
deemed necessary by the City Manager. All notices of trespass shall be signed by an authorized City
employee or law enforcement officer.
6.10.050 Duration of exclusion.
A. The City Manager shall determine the duration that any individual may be excluded from specified City
property and facilities based on the following criteria:
1. Whether the action giving rise to the exclusion was criminal. Criminal activities will generally
warrant a longer exclusion duration;
2. The nature of the activities giving rise to the exclusion. Activities which appear to be intended
to disrupt normal City activities and business, which create significant or substantial risk to public
safety and welfare, or which damage City property and facilities will generally warrant a longer
exclusion duration;
3. The number of times the person being excluded has been trespassed from City property and
facilities in the past three years;
4. The effect that the exclusion will have to limit the individual's access to City services.
B. Individuals shall not be excluded from City property and facilities for longer than:
1. Five years if the actions giving rise to the exclusion are criminal;and
2. Two years if the actions giving rise to the exclusion are not criminal.
C. A notice of trespass shall be effective upon issuance until the date specified within the notice of trespass.
If no duration is provided,the notice of trespass shall be effective for 180 days.
D. The City Manager may, in writing,terminate or reduce the duration of a notice of trespass.
6.10.060 Appeal procedure.
A. Appeal period. A notice of trespass may be appealed within seven business days from the date of
issuance. To start the appeal, a person issued a notice of trespass must deliver a complete written appeal
request to the City Clerk no later than seven business days after the notice of trespass is issued. A complete
written appeal request includes all necessary information, including the factual and legal bases for the
appeal and any applicable appeal fee.
B. Hearing. The notice of trespass appeal shall be heard by the City Manager and shall be heard within
five days of the receipt of a complete written appeal request. The City Manager has the discretion to hold
the appeal hearing either in-person or remotely. Notice of the hearing and how it will be conducted shall
be provided in writing to the appellant by mail or, if identified by the appellant on the appeal form, email.
An appeal hearing is intended to be less formal than court or Hearing Examiner hearings. The City Manager
may receive all reasonably probative evidence and may allow written and oral testimony from each party.
The City shall bear the burden of proof, by preponderance of the evidence,that the notice of trespass was
properly issued.
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C. Decision. The City Manager may uphold the notice of trespass and exclusion, modify conditions such
as length of time or locations excluded, or determine it was issued in error and overturn the notice of
trespass. The City Manager may make an oral decision at the hearing. The City Manager shall issue a final
written review decision within five days of the hearing. The decision shall be provided to the appellant at
the address provided on the appeal form.
6.10.070 Violation—penalty.
A. Any person found on or within any City property and facilities in violation of a notice of trespass may
be arrested for trespassing pursuant to RCW 9A.52.070, RCW 9A.52.080, or any other applicable statute.
B. Nothing herein shall prevent the City from pursuing any other penalty,remedy, or enforcement against
individuals for the activities giving rise to the exclusion, including but not limited to criminal penalties.
6.10.080 Rules and policy.
The City Manager may develop rules, policies,and forms to implement Chapter 6.10 SVMC.
Section 4. Amendment. Chapter 6.05 of the SVMC is hereby amended as follows:
6.05.100 Other sanctions.
In addition to any prescribed penalty in Chapter 6.05 SVMC, any person failing to comply with
any provision of Chapter 6.05 SVMC or who otherwise engages in dangerous, illegal, or unreasonably
disruptive behavior pursuant to Chapter 6.10 SVMC shall be subject to exclusion pursuant to Chapter 6.10
SVMC and the criteria and procedures set forth therein.
Section 5. Other Sections Unchanged. All other provisions of Title 6 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 6. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause, or
phrase of this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 1st day of March, 2022.
ATTES
V � Pam Haley,Mayor
'"-'Christine Bainbridge, ity Clerk
Approved as to Form:
Office of t City A . IF
Date of Publication: 3- it
.r - d �
Effective Date: 3 -3d
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