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HomeMy WebLinkAbout102918_ca02 Consent Agenda JEFFERSON COUNTY BOARD OF COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Trevor Hansen, Chief Civil Deputy, Sheriffs Office Philip Hunsucker, Chief Civil Deputy, Prosecutor's Office Mark McCauley, Central Services Director DATE: October 29,2018 SUBJECT: PUBLIC HEARING re: Proposed Changes to Sheriffs Civil Fees; Hearing Scheduled for Tuesday, November 13th, 2018 at 10:30 a.m. in the Commissioner's Chambers STATEMENT OF ISSUE: There is currently not a procedure or clear legal basis within Jefferson County Code that would allow the county, or individual county facilities, to establish rules governing the conduct of visitors to the facility, nor to remove or trespass individuals who commit crimes, make threats, or unreasonably disrupt the operation of county facilities. This proposed ordinance would create the authority for county administrative staff to establish a code of conduct within county facilities; create the authority for law enforcement officers to remove and trespass individuals who commit crimes, engage in dangerous or unsafe behavior, or engage in unreasonably disruptive behavior; and establish protections, including an appeal process and a process for seeking exceptions, to ensure that excluded persons still have access to government services and open public meetings. This ordinance would expressly not be utilized to remove persons from meetings of the Board of County Commissioners, or any other public meetings of any county board subject to the Open Public Meetings Act. ANALYSIS: Over the past year, a small handful of individuals have caused repeated security incidents at the Jefferson County Courthouse, including threats to employees, outbursts of screaming and profanity in the halls, following county employees around the courthouse even when asked not to, and attempted assaults on security and law enforcement personnel. There have been additional incidents that effected other county facilities, including recent threats and vandalism to county vehicles at the Department of Community Development. When such acts rise to the level of criminal acts, law enforcement can arrest the suspects. However, absent an arrest, there is no mechanism for removing an individual from a facility, or prohibiting their return, when they engage in non-criminal behavior that is nonetheless dangerous, intimidating, or unreasonably disruptive. Even when an arrest is an option, it is often not an ideal solution, for two reasons: first, law enforcement often seeks alternatives to arrest when dealing with nonviolent crimes, particularly those committed by the homeless or mentally ill; and second, even when an arrest is made, it may not adequately protect the facility in question, and the employees and visitors at the facility, because the suspect can return as soon they are released from jail. The ideal solution in such circumstances would be for law enforcement, security staff, and/or county employees to point to a set of established rules for conduct, and inform the offending individual that if they do not comply with those rules, they may be removed or trespassed from the facility. If the individual continues their behavior, contrary to established rules, they could be required to leave, or even trespassed from the facility for a short period of time. This would create a layered approach, beginning with clear expectations and culminating in a procedure for enforcement. With this goal in mind, personnel from the Jefferson County Sheriff's Office, Jefferson County Prosecutor's Office, and Jefferson County Central Services have worked together to develop a proposed ordinance that would add a new chapter to Title 8 of Jefferson County Code, to address this problem. The proposed ordinance is modeled after a similar measure that was adopted by the City of Port Townsend. Port Townsend took action in part as a response to issues with illegal, dangerous, and disruptive behavior at the City Library and other city buildings; since its implementation, the City has had success utilizing their public building trespass code to make their buildings and employees safer, while also ensuring a safer and more positive space for the citizens who take advantage of government services. The proposed county ordinance includes limits on the amount of time any individual can be excluded from county facilities, which scale based on the severity of the offense and the individual's history; a mechanism to take advantage of exceptions to a trespass order, so that excluded individuals can still access necessary government services; and a path for excluded individuals to appeal their trespass warning, and/or appeal the implementation of exceptions they request. The ordinance also directs that an emphasis shall be placed on voluntary compliance, to avoid over-enforcement and to allow inadvertent minor offenses to be corrected without the need to remove or trespass persons from a county facility. Finally, the proposed ordinance also contains limitations to ensure that the free speech rights of individuals are respected, and expressly prohibits the application of this section to open public meetings. The county already has a procedure to address disruptions during open public meetings, and this ordinance is not intended to supplant that procedure. FISCAL IMPACT: There is no projected cost to the County. RECOMMENDATION: Approve the amendment to the Ordinance. REVIEWED BY: V ' � / 4248 Philip Hunsucker, Date Chief :." i De• ty Prosec. ' Attorney 40r- 496-dg Ph' • orley, Cqun Administrator Date APPENDIX A Please Publish Twice:October 31st and November 7th, 2018 Bill: Jefferson County Board of County Commissioners PO Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING TO AMEND SHERIFF'S CIVIL FEES Notice is hereby given that pursuant to RCW 36.18.040(3) and RCW 36.32.120(7), a public hearing will be held on Tuesday,November 13th, 2018, at 10:30 a.m. in the Commissioners' Chambers, Courthouse, Port Townsend, Washington, for the purpose of taking written/oral testimony regarding a proposed new ordinance. The ordinance, if enacted, would add a new chapter to county code, which would: establish legal authority for county facilities to establish a code of conduct that prohibits criminal behavior, dangerous or unsafe behavior, and unreasonably disruptive behavior; establish legal authority for law enforcement officers to trespass individuals who violate this code of conduct,when requested to take such action by the department director or designee at the facility in question; create exceptions to any issued trespass warning,to allow excluded persons access to government services and public hearings; and create an appeal process for excluded persons. The proposal would add a new chapter, Chapter 85,to County Code, Title 8, and include the following sections within Chapter 85: Section 010: "Purpose, Authority, and Applicability" Section 020: "Definitions" Section 030: "Authority to Issue Trespass Warnings— Service" Section 040: "Duration of Exclusion" Section 050: "Exceptions to Exclusion" Section 060: "Content of Trespass Warning" Section 070: "Appeal Procedure" Section 080: "Violation—Penalty" Section 090: "Limitation" The public can view the complete text of the proposed ordinance online at www.cojefferson.wa.us. Signed this 29th Day of November, 2018. David Sullivan, Chairman Jefferson County Board of Commissioners /s/David Sullivan APPENDIX B STATE OF WASHINGTON County of Jefferson An Ordinance Adding a New Chapter, } Chapter 8.85 "Trespass from County } ORDINANCE NO. Facilities,"to Jefferson County Code } WHEREAS, the County has authority to protect and preserve the public health, safety, and welfare, including within County facilities; and, WHEREAS, it is in the interest of public safety and welfare to establish codes of conduct within County facilities that prohibit illegal behavior, dangerous or unsafe behavior, and behavior that is unreasonably disruptive to the use of the County facility by others; and, WHEREAS, to enforce such codes of conduct, it is necessary to establish a procedure to allow the issuance of trespass warnings in order to temporarily exclude from county facilities those individuals who choose to engage in illegal behavior, dangerous or unsafe behavior, or behavior that is unreasonably disruptive to the use of the County facility by others; and, WHEREAS, it is recognized that individuals who may be excluded by trespass warning from ac county facility, may still need to access government services, and still have a right to engage in free speech or attend open public meetings; and, WHEREAS, the goal of the County is on voluntary compliance with any established code of conduct, preferring voluntary compliance to enforcement; and, WHEREAS, there have been a series of security concerns at the County Courthouse and at other county buildings that have highlighted the need for a clear code of conduct and a clear procedure to encourage voluntary compliance, and allow for enforcement when necessary; NOW, THEREFORE, be it ordained by the Jefferson County Board of Commissioners as follows: Section One: Chapter 8.85 "Trespass from County Facilities" shall be added to Title 8 of Jefferson County Code, and shall read as follows: 8.85.010 Purpose, authority, and applicability. (1) The purpose of this chapter is to adopt a legally sound process to exclude from the County facilities persons whose behavior is dangerous, unsafe, or illegal, or is unreasonably disruptive to the use of County facilities by other users. It is further the purpose of this chapter to provide for a specific method to allow for the issuance of trespass warnings to such persons, including placing limitations on trespass warnings, and providing procedures for such persons to promptly appeal the issuance of trespass warnings to protect their right to engage in legitimate activities protected by the state and federal constitutions. (2) This chapter is enacted as an exercise of the county's authority to protect and preserve the public health, safety and welfare. (3) This chapter shall apply to facilities owned or controlled by the county. (4) Enforcement only shall be taken for conduct violating rules adopted pursuant to this ordinance, or pursuant to violations of other statutes, ordinances, or regulations. (5) This chapter shall be enforced to emphasize voluntary compliance with laws and county facility rules and so that inadvertent minor violations of this chapter can be corrected without resort to a trespass warning. (6) The county administrator is authorized to adopt rules and procedures consistent with this chapter. (7) Any constitutionally protected action or speech is excluded from the prohibited behavior regulated in this chapter. (8) This chapter shall not be used to remove people in attendance at open public meetings of the board of county commissioners, nor people in attendance at public meetings of any other county board that is subject to the Open Public Meetings Act, Chapter 42.56 RCW. (9) Persons who are trespassed from a county facility, but wish to attend a public meeting of the board of county commissioners, or an open public meeting of any other county board that is subject to the Open Public Meetings Act (Chapter 42.56 RCW), may request an exception to their exclusion pursuant to the procedure contained in JCC 8.85.050. (10) Each county facility may adopt rules of conduct that are designed to restrict dangerous or unsafe behavior and unreasonably disruptive behavior within that Facility. Such rules must be posted in such a manner that they are easily visible by persons entering the facility. Illegal behavior is presumed to be restricted and need not be listed or posted. Such rules are subject to review by the county administrator. 8.85.020 Definitions. (1) "County"means Jefferson County, Washington. (2) "County administrator" means the person appointed county administrator by the County Board of Commissioners or the county administrator's designee. (3) "County facility" means all or any part of a building, park, trail, or open space that is owned or controlled by the County, and includes but is not limited to the Courthouse. (4) "Courthouse"means the Jefferson County Courthouse and outdoor areas located at 1820 Jefferson Street, Port Townsend, Washington. (5) "Dangerous or unsafe behavior"means behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property of another or the person. (6) "Department director"means the person or designee primarily responsible a county facility from which an excluded person has been excluded from pursuant to a trespass warning. (7) "Deputy"means a Jefferson County Deputy Sheriff. (8) "Excluded person"means a person excluded from a county facility pursuant to this Chapter. (9) "Illegal behavior"means behavior that is prohibited by the laws of the United States, Washington State, Jefferson County, or the City of Port Townsend including, but not limited to, any of the following types of behavior: (a) Threatening another person by communicating either directly or indirectly to another person the intent to cause bodily injury in the future to the person threatened or to any other person; (b) Selling or using alcohol or drugs in areas where that is prohibited by law; (c) Threatening or harassing behavior(e.g., fighting or threatening to fight, brandishing a weapon, stalking, verbally threatening to harm others or their property); (d) Assaulting staff or other patrons; or, (e) Sexual misconduct or harassment(e.g., indecent exposure, offensive touching, sexual acts). (10) "Law enforcement officer"means "law enforcement"officer as defined in RCW 9.41.010(13),and"specially commissioned Washington peace officer" as defined in RCW 10.93.020(5),and"qualified law enforcement officer"as defined in 18 U.S.C. Section 928B(c)as they now exists or are hereafter amended. (11) "Open Public Meetings Act"means RCW 42.30. (12) "Or"means or, in addition to and/or. (13) "Person"means an individual human being and does not have the meaning of "person" as that term is defined in RCW 1.16.080 as it now exists or hereafter is amended. (14) "Preponderance of evidence"means that, when considering a proposition,based on all evidence,the proposition is more probably true than not. (15) "RCW" means the Revised Code of Washington as it now exists or may amended in the future. (16) "Sheriff' means the county sheriff or designee. (17) "Sheriff's civil office" means the Civil Office of the sheriff, located on the 3`d Floor of the courthouse. (18) "Trespass warning" means a trespass warning issued pursuant to JCC 8.85.030. (19) "Unreasonably disruptive behavior" is behavior that is not constitutionally protected and that, in consideration of the nature, scope, use and purpose of the publicly- owned property in question, unreasonably interferes with others' use and enjoyment of publicly-owned property. Examples of unreasonably disruptive behavior include, but are not limited to, any of the following: (a) Use of unreasonably hostile or aggressive language or gestures; (b) Unreasonably loud vocal expression or unreasonably boisterous physical behavior; (c) Using electronic or other communication devices in a manner that is unreasonably disruptive to others; (d) Unreasonably interfering with the free passage of staff or patrons in or on public property; or, (e) Behavior that is unreasonably inconsistent with the normal use for which the publicly-owned property was designed and intended to be used (e.g., bathing, shaving, or washing clothes in a public bathroom or skating/skateboarding in a public parking area or plaza). 8.85.030 Authority to Issue Trespass Warnings -- Service. (1) Any law enforcement officer is authorized to issue a trespass warning to any person, excluding the person from any county facility (or facilities), when the law enforcement officer has probable cause to believe that the person has violated any statute, ordinance, regulation, or rule of conduct relating to or prohibiting dangerous or unsafe behavior, illegal behavior, or unreasonably disruptive behavior, and that such conduct occurs or did occur while the person is at a county facility, or that such conduct is directed by the person toward a county facility. (2) Section 8.84.040 provides criteria for the length of the exclusion resulting from a trespass warning. (3) Trespass warnings may be delivered in person to the person, or by first class mail to the person at the person's last known address. (4) The person need not be charged, tried, or convicted of any crime or infraction for the trespass warning to be issued or be effective. (5) The trespass warning may be based upon observation by a law enforcement officer, a security officer employed by the county, or any other person that can be relied upon by law enforcement officers in the determination of probable cause. 8.85.040 Duration of Exclusion. (1) When the trespass warning is issued due to illegal conduct that presents a danger to persons or property, or is issued due to dangerous or unsafe conduct, or is issued as a result of a violation of an existing trespass warning, then the warning may exclude the person for a period of up to one year. (2) When a trespass warning is issued due to any conduct other than that identified above, in JCC 8.85.040(a), then the duration of exclusion shall be as follows: a. For the first trespass warning within a period of one year, a period not exceeding seven days. b. For the second trespass warning within a period of one year, a period of more than seven days, but not more than ninety days. c. For the third trespass warning within a one period of year, and for all subsequent trespass warnings, a period of more than ninety days, but not more than one year. (3) If a person has been excluded from a county facility pursuant to this ordinance, and any law, court order, or regulation applicable to such property establishes a different period of time for the person to be excluded, the time period under such rule or regulation shall apply notwithstanding the provisions of this section. 8.85.050 Exceptions to Exclusion (1) Subject to the procedure outlined below, an excluded person may visit the county facility, only with prior approval: (a) To utilize a public service provided by an office within the county facility, where the service is not available elsewhere in the county; or, (b) To attend an open public meeting; or, (c) To seek review of a trespass warning pursuant to the procedure in JCC 8.85.070. (2) Upon written request for such an exception, the department director for the facility from which the person was excluded may authorize an exception for the excluded person, allowing the person to enter the facility for any of the purposes identified in JCC 8.85.050(1). (3) The department director shall issue a written decision on a request for entry onto public property by the recipient of a trespass warning during a period of exclusion no later than 48 hours after receipt of the request. (a) If the exception is authorized,the decision must specify the duration of the authorization, must specify any conditions thereof, and must explain the process outlined in JCC 8.85.050(4) (b) If the exception is denied, the decision must contain an explanation for the denial, and refer the person to the appeal process in JCC 8.85.070 (4) Once such authorization is received,but before entering the county facility, an excluded person must provide notice as follows: (a) For county facilities other than the courthouse,the excluded person must first notify the department director or designee for the facility from which the person was trespassed, or that employee's authorized designee. Such notice must be made telephonically, at least two hours prior to the intended visit. This is to allow time for the department director or designee responsible for the facility to arrange for law enforcement or security personnel to be present during the visit. (b) For the courthouse, on entering the courthouse the excluded person must proceed immediately to the security station and contact the personnel on duty at the security station, who shall contact a deputy on duty. (c) Law enforcement or security personnel may, in their discretion, verify the validity of the excluded person's reason for business at the county facility, or escort that person during their time at the county facility. (5) An excluded person may not engage in any non-business related interactions at the county facility from which they are excluded, and must depart immediately from the county facility upon the conclusion of their business. 8.85.060 Content of Trespass Warning. (1) The trespass warning shall: (a) Be in writing; (b) Contain the date of issuance; (c) Describe the behavior that is the basis for the trespass warning; (d) Identify any county facility or portion thereof to which the exclusion applies; (e) Specify the length of the exclusion; (f) Be signed by the issuing law enforcement officer; (g) State the consequences for failure to comply, and, (h) Explain the exceptions to the exclusion, the procedure for utilizing those exceptions, as described JCC 8.85.050, and the appeal process as described in 8.85.070 8.85.070 Appeal Procedure. (1) For good cause, the county administrator, may rescind, shorten or modify a trespass warning issued by a law enforcement officer as follows: (a) A written request for review must be delivered to the clerk of the board of county commissioners no later than seven business days after the trespass warning that is being contested, or after the denial of an exception under JCC 8.85.050. Upon receipt of such request, the county administrator shall review the trespass warning in a manner that meets the following requirements: i. During the review, the behavior resulting in the trespass warning must be proved by a preponderance of the evidence to uphold the trespass warning. ii. The county administrator shall consider a sworn report or declaration from the law enforcement officer who issued the trespass warning or upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that behavior occurred as described. iii. The county administrator may consider information that would not be admissible under the evidence rules in a court of law, but that the county administrator considers relevant and trustworthy. (b) If the warning was issued because of the alleged violation of any criminal law, the person need not be charged, tried, or convicted for the warning to be upheld; (c) The review shall result in a written decision; (d) During the review, county administrator shall determine how a written decision will be served on the person; (e) The written decision shall be sent or otherwise made available no later than two business days following the review; (0 At the end of every written decision, the county administrator must inform the person requesting review that they have the right to seek judicial review of the written decision and that the time frame for seeking judicial review runs from the date of service of the written decision. (2) For purposes of this section, "good cause"to rescind, shorten, or modify the trespass warning shall be found where the person receiving the trespass warning demonstrates by a preponderance of evidence that: (a) The conduct that led to the trespass warning was intended to be expressive conduct protected by the First Amendment; (b) The person was not given a warning prior to issuance of the trespass warning that the conduct in question was subject to a trespass warning; (c) The trespass warning was based solely upon the statement of a person who did not observe personally the conduct, would not ordinarily be relied upon by law enforcement officers in the determination of probable cause, and the person claims that he or she did not commit the action for which he or she was warned; or, (d) In the judgment of the county administrator, the circumstances warrant a modification or rescission of the trespass warning or decision. (3) The county administrator shall rescind the trespass warning if, considering all the circumstances, the county administrator finds reasonable minds could differ on the question of whether the conduct in question was unreasonably disruptive to others on the same public property at that time. (4) If the county administrator rescinds an exclusion, for good cause or because the behavior was not proved, the exclusion shall not be considered a prior trespass warning for purposes of this section. (5) The decision of the county administrator will be the county's final decision. (6) A person seeking judicial review of the county's final decision must file an application for a writ of review in the county district court within fifteen (15) days of receipt of the county's final decision. (7) The trespass warning shall remain in effect during the pendency of any review by the county administrator or the county district court. (8) No determination of facts made by the county administrator 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. 8.85.080 Violation—Penalty. Any person who is found on a county facility in violation of a trespass warning issued in accordance with this chapter, except as otherwise provided in this chapter, may be arrested for trespassing, pursuant to RCW 9A.52.070, RCW 9A.52.080, and any other applicable statutes. The penalty under this chapter is cumulative of any other penalties that may apply under state or local law. 8.85.090 Limitation. Nothing in the chapter shall be construed to alter the rights of the state or any local government to enforce other provisions of state or local law or to prosecute criminal conduct under state or local law. Section Two. This ordinance is effective upon adoption. Section Three. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. APPROVED this day of , 2018. JEFFERSON COUNTY BOARD of COMMISSIONERS David Sullivan, Chairman Kate Dean, Member Kathleen Kler, Member ATTEST: Carolyn Avery, Deputy Clerk of the Board Approved as to form only: Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney APPENDIXES C & D, SEE ATTACHED COUNTY FACILITY CODE OF CONDUCT This Code of Conduct is established pursuant to Jefferson County Code, Chapter 8.85. Its purpose is to ensure that all persons have safe access to the services provided in this facility, and to protect and preserve public health, safety, and welfare. THE FOLLOWING ARE PROHIBITED WITHIN THIS FACILITY : ILLEGAL BEHAVIOR OF ANY KIND IS PROHIBITED WITHIN THIS FACILITY. Illegal behavior means behavior that is prohibited by the laws of the United States, Washington State, Jefferson County, or the City of Port Townsend, and includes, but is not limited to, the following types of behavior: (a)Assaulting or threatening to assault staff or other patrons (b)Threatening or harassing behavior (e.g., fighting or threatening to fight; brandishing a weapon; stalking; threatening to harm other people or their property, now or in the future; etc.) (c)Selling or using alcohol or drugs in areas where that is prohibited by law; (d)Sexual misconduct or harassment (e.g., indecent exposure; offensive touching; sexual acts in public; sexual assaults or threatened sexual assaults) DANGEROUS OR UNSAFE BEHAVIOR. This means any behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property. UNREASONABLY DISRUPTIVE BEHAVIOR. This is behavior that is not constitutionally protected and that, in consideration of the nature, scope, use and purpose of this facility, would unreasonably interferes with others’ use and enjoyment of the facility. Examples include, but are not limited to, any of the following: (a)Use of unreasonably hostile or aggressive language or gestures; (b)Unreasonably loud vocal expression or unreasonably boisterous physical behavior; (c)Using electronic or other communication devices in a manner that is unreasonably disruptive to others; (d)Unreasonably interfering with the free passage of staff or patrons in or on public property; or, (e)Behavior that is unreasonably inconsistent with the normal use for which the publicly- owned property was designed and intended to be used (e.g., bathing, shaving, or washing clothes in a public bathroom or skating/skateboarding in a public parking area or plaza). WARNING: Failure to comply with this Code of Conduct may result in your being trespassed from the facility or, in the case of criminal acts, your arrest and prosecution. JEFFERSON COUNTY, WASHINGTON PO Box 1220, Port Townsend, WA (360) 385-9100 Trespass Warning – County Facility Subject Arrested? Case Number: ____________ (circle one) YES NO Subject Name: _______________________________________________ Subject DOB: _________ Last, First, Middle Sex: ____ Height: ____ Weight: ____ Eyes: ____ Hair: ____ Phone Number: __________________ Address: _________________________________________ Email: ___________________________________ DECLARATION: The above-named subject was warned in my presence to stay off the following county facilities, including the grounds of said facilities: _____________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ This warning was issued for the following reason(s): CIRCLE ALL THAT APPLY Illegal Behavior Dangerous or Unsafe Behavior Unreasonably Disruptive Behavior This warning was given on _________ (date), at __________ (time). This warning applies for the following length of time, starting on the date the warning is given: _____________. - If the subject is being trespassed for illegal behavior that represents a danger to persons or property, or for dangerous or unsafe behavior, or for a violation of an existing trespass warning, then this trespass warning may be issued for a period of up to a year. - If the subject is being trespassed for any other reason, then use the following guide: Subject has no prior trespass warnings from county facilities: 7 Days or Less o Subject has one prior trespass warning: 7 Days to 90 Days o Subject has two or more prior trespass warnings: 90 days to 1 Year o Issued By: ____________________________, # ________, _________ Signature: x _______________________ (Printed Title and Name) (ID No.) (Agency) NOTICE TO THE EXCLUDED PERSON: You are hereby warned that if you returns to the county facilities listed above during the time period for which the warning applies, you will be in violation of the applicable provisions of Washington State Law, including but not limited to RCW 9A.52.070 or RCW 9A.52.080, and may be subject to arrest and criminal prosecution. For EXCEPTIONS and APPEALS, see the reverse side of this notice. EXCEPTIONS AND APPEALS Pursuant to Jefferson County Code 8.85 TRESPASS FROM COUNTY FACILITIES, you may have a right to request an EXCEPTION from the terms of this trespass warning, or to APPEAL the terms of this trespass warning. EXCEPTIONS: You may be entitled to request an EXCEPTION to this trespass warning. This exception may be requested only for the following purposes: a) To utilize a public service that is only available at the facility from which you are trespassed; or, b) To attend an open public meeting, or; c) To seek review of this trespass warning. To request such an exception, you must submit your request in writing to the Department Director of the facility for which you are requesting the exception. If you do not know the mailing address for the facility, you may submit the request to the County Administrator, ATTN: Trespass Warning Exceptions, PO Box 1220, Port Townsend, WA 98368. In your written request, you must include a means by which you may be contacted (mailing, email, or phone). After the Department Director receives your request, they have two business days to reach a decision. They must issue a written decision. You will be contacted to let you know whether your request for an exception has been approved or denied. - If your request is denied, you may still be eligible to appeal the trespass warning. you must provide advance notice prior to going to the facility. - If your request is approved, The details of how to provide advance notice will be included in the approval decision. IMPORTANT NOTICE: Unless you have received written authorization for an exception, and provide the required advance notice prior to going to the facility, you will be subject to arrest if you return to the facility. APPEALS: You are further notified that you may be entitled to APPEAL this trespass warning. Your appeal must be submitted, in writing, to the clerk of the board of county commissioners, no later than seven business days after the trespass warning is issued. To request an appeal, you must submit your request in writing to the County Administrator, at the following mailing address: County Administrator, ATTN: Trespass Warning Appeal, PO Box 1220, Port Townsend, WA 98368. In your written request, you must include a means by which you may be contacted (mailing, email, or phone). The County Administrator will review your appeal and reach a decision. The County Administrator may rescind, shorten, modify, or uphold the trespass warning. The County Administrator’s Decision will then be issued in writing.