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A. Enforcement Authority in Parks. In addition to any other enforcement authority, when any police officer or city official has probable cause to believe that any person within a park has committed a crime as defined by the RCW or by the Auburn City Code, or has violated any ordinance, rule or regulation established by this park code or by the city’s parks department, the officer or official may:

1. Order such person to immediately leave the park. Any person refusing to comply with such an order or returning to the park on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW and/or ACC 9.96.900; and

2. Issue the person a written admonishment excluding them from city park property for a period up to one year from the issue date. Persons receiving such an admonishment who return to park property within the admonishment period are subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW and/or ACC 9.96.900.

B. Admonishment Issuance and Appeals.

1. Admonishments issued under this section:

a. Are valid and effective whether or not the excluded person is charged, tried or convicted of any crime or infraction;

b. Are valid and effective even if the admonished person refuses a copy of the admonishment; provided, that the issuing city official reasonably notifies the admonished person of the admonishment period, place(s) of exclusion and appeal process under this section;

c. Are valid and effective for the admonishment period unless and until shortened or rescinded by an official ruling after appeal in this section;

d. May be based upon observations by city officials and/or police officers, or upon civilian reports that an official or officer could reasonably rely on in determining probable cause; and

e. Shall include a statement of the appeal rights in this section and a form for appealing the admonishment as provided by this section.

2. Persons receiving admonishments under this section may appeal the admonishment in writing. Any such appeal must:

a. Be in writing, either on the form referenced in this section or in a writing including at least the person’s name, the involved property location and the approximate admonishment date to enable processing of the appeal;

b. Be received by the city clerk or postmarked within 14 calendar days of the person’s receiving the admonishment; and

c. Be under oath and include all facts that the excluded person believes support a shortening or rescinding of the admonishment.

3. The director of parks, arts, and recreation, or designee, shall review the appeal and shall issue a ruling upholding, rescinding or shortening the admonishment within 14 calendar days of receiving the appeal. The director or designee may consider the admonishment and any other relevant and trustworthy submitted written materials in deciding the appeal. The admonishment shall be upheld if supported by a preponderance of evidence. The ruling may be transmitted to the excluded person by mail, in person, electronically, or by any other method specified by the person or reasonably likely under the circumstances to give notice.

4. The appeal process in this section cannot be used to appeal any criminal penalties imposed by a court under this section or any other law.

C. Limitation. Trespass admonishments issued to persons violating ACC 9.50.030 on park property shall be processed pursuant to ACC 9.50.030(E). (Ord. 6817 § 3, 2021.)