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City of Puyallup

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AI- 3580   7.    
City Council Agenda
Meeting Date: 03/19/2013  
Subject:    Trespass from public parks
Presenter: Steve Kirkelie
Department: City Attorney's Office  

Information
Recommended Action
Conduct first reading of an ordinance amending Puyallup Municipal Code 9.20.250 pertaining to the process for prohibiting entry into City parks and facilities.
Background
Puyallup Municipal Code ("PMC") 9.20.250 allows a law enforcement officer to issue an order prohibiting a person from entering all City public facilities ("Order") if the officer observes the person commit a crime or certain alcohol-related civil infractions while on City property. Public facilities include all City parks, the Library, Activity Center, etc. A no-entry Order is limited to 45 days in duration and, if the person is charged with a crime, the Order must then be reviewed by a judge who decides whether to revoke, modify, or reissue the Order. If a person violates the Order prohibiting entry, the person can be arrested for misdemeanor trespass.

Under the existing process, the police department must monitor the criminal case for any person who was charged with a crime and issued an Order in the same incident, to determine if the judge reissues, modifies, or revokes the Order. This process has created administrative inefficiencies by taking patrol officers away from their regular duties to spend time researching the status of the Order. Many municipalities allow for law enforcement officers to issue administrative no-entry Orders that do not require a judge to review the Order but still preserve the right of a person to challenge the issuance of the Order.

The ordinance that accompanies this agenda bill allows police officers and the Parks & Recreation Director or designee to issue an administrative Order prohibiting entry into the City's public facilities without requiring a judge to review such Order and regardless of whether the person was charged with a crime or civil infraction. A person who is issued an Order may appeal the issuance of the Order to Puyallup Municipal Court. Upon such appeal, the municipal court judge can affirm, revoke, or modify the Order.
Previous Actions (Discussions/Presentations)
Summary of Proposal

The ordinance allows for law enforcement officers to issue administrative orders prohibiting entry into the City's public facilities by a person who has committed a crime or civil infraction while at a public park or facility. Also, it provides a graduated system for the duration of such orders based on prior issuance of an order.
 

Alternatives/Options

Due to the recent increase in unlawful activity by persons in Pioneer Park, the Library, and the Activity Center, staff believes this ordinance should be adopted expeditiously. Thus, City staff requests that Council suspend rule 2.7(8) of its Rules of Procedure and proceed to second reading of this Ordinance at its March 19, 2013 regular meeting.


Fiscal Impact
Attachments
Revised ordinance

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