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3057 12.36.020 and .080 Parks Exclusions ORDINANCE 3057 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTIONS 12.36.020 “IDENTIFICATION OF PARKS AND 12.36.080 “PARK EXCLUSION” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Section 12.36.020 of the Moses Lake Municipal Code titled “Park” is amended as follows: 12.36.020 Identification of Parks: Parks are identified as any existing or future city parks. The City will maintain a current list of all parks accepted by City Council at the Parks Recreation and Cultural Services Administrative Office. Parks shall be classified as “activity trails”, “passive” or “active” parks as follows A. Activity Trails – A path of travel for recreation and/or non-motorized transportation within a park, natural environment or corridor that is not classified as a highway road or street. B. Passive Parks - Such parks shall be used for rest and relaxation and shall not be used for any organized or competitive sports activities. Passive Parks Ahlers Park Hayden Park Juniper Park Civic Center Park Japanese Peace Garden and Park Laguna Park Gillette Park John E. Calbom Island Park Marina Park CB. Active Parks - Such parks shall be used for a variety of activities, including organized and competitive sports activities subject to a park use permit or facilities use agreement authorized by the city council. Active Parks Blue Heron Park Lakeview Park Paul Lauzier Athletic Complex Carpenter Park Larson Playfield Peninsula Park Cascade Park Lower Peninsula Park Power Point Park Crossroads Park McCosh Park Skate Park Harrison K. Dano Park Montlake Park Vista Park Knolls Vista Park Neppel Landing Yonezawa Park Section 2. Section 12.36.080 of the Moses Lake Municipal Code titled “Park Exclusion” is amended as follows: Document Ref: FFLYO-ZJC24-4KJYG-MWWBK Page 1 of 5 12.36.080 Park Exclusion A. The Police Chief or his/her designees may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender’s last known address, exclude from a city park, anyone who within a city park: 1. Violates any provision of this chapter; or 2. Violates any park rule; or 3. Violates any provision of the Moses Lake Municipal Code or Revised Code of Washington. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the Police Chief or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. B. If the offender: 1. Has not been excluded from any city park by an exclusion notice issued within one year prior to the violation and the current violation is not a felony violation or weapon violation, then the Police Chief or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven three days from the date of the exclusion notice. 2. Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of ninety seven days from the date of the exclusion notice. 3. Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a felony violation or a weapon violation, then the Police Chief or his/her Document Ref: FFLYO-ZJC24-4KJYG-MWWBK Page 2 of 5 designee shall exclude the offender from any or all city parks for a period of one year ninety days from the date of the exclusion notice. 4. Has been the subject of three or more prior exclusion notices issued within one year prior to the current violation and neither the current nor the past violation was a felony violation or a weapon violation, or has been the subject of one or more prior exclusion notices that was a felony violation or a weapon violation issued within one year prior to the current violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice. C. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. D. An offender receiving an exclusion notice longer than seven days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be the City Manager Director of Parks Recreation and Cultural Services. The request for a hearing shall be delivered to the Police Chief or postmarked no later than seven days after the issuance date of notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. The hearing should occur within seven days after the Police Chief receives the request for hearing. The Police Chief or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing. E. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the exclusion notice, without further Document Ref: FFLYO-ZJC24-4KJYG-MWWBK Page 3 of 5 evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy. F. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection B of this section. G. The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner’s decision must file an application for a writ of review in the Grant County Superior Court with fourteen days of the date of that decision. H. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding. I. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. J. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 can be corrected without resort to an exclusion notice. Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 22, 2024. Document Ref: FFLYO-ZJC24-4KJYG-MWWBK Page 4 of 5 ________________________________________ Dustin Swartz, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Aye Aye Aye Aye Aye Aye Aye Date Published: October 28, 2024 Date Effective: November 2, 2024 Document Ref: FFLYO-ZJC24-4KJYG-MWWBK Page 5 of 5 Signature Certificate Reference number: FFLYO-ZJC24-4KJYG-MWWBK Document completed by all parties on: 31 Oct 2024 23:51:01 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:23 Oct 2024 23:05:05 UTC Viewed:24 Oct 2024 17:55:43 UTC Signed:24 Oct 2024 17:55:57 UTC ✔Email verified 24 Oct 2024 17:55:43 UTC IP address: 178.236.126.68 Location: Gondomar, Spain Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:23 Oct 2024 23:05:05 UTC Viewed:30 Oct 2024 19:59:19 UTC Signed:31 Oct 2024 23:48:11 UTC ✔Email verified 30 Oct 2024 19:59:19 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Mayor Dustin Swartz Email: dswartz@cityofml.com Shared via link Sent:23 Oct 2024 23:05:05 UTC Viewed:31 Oct 2024 23:50:48 UTC Signed:31 Oct 2024 23:51:01 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide.