HomeMy WebLinkAboutRelated MaterialsRegular Agenda
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Trevor Hansen, Chief Civil Deputy, Sheriff's Office
Philip Hunsucker, Chief Civil Deputy, Prosecutor's Office
Mark McCauley, Central Services Director
DATE: February 4,2019
SUBJECT: DISCUSSION AND POTENTIAL ACTION re: Code of
Conduct/Trespass in County Facilities; Hearing Notice: (If Approved)
Hearing Scheduled for Tuesday, February 19, 2019 at 10:15 a.m. in the
Commissioners' Chambers, Jefferson County Courthouse, 1820 Jefferson
Street, Port Townsend, Washington
STATEMENT OF ISSUE:
Currently, there is no a procedure or clear legal basis within Jefferson County Code that allows
the county to establish a set of rules governing the conduct of visitors to all county facilities, nor
to remove or trespass individuals who commit crimes, make threats, or unreasonably disrupt the
operation of county facilities, except arresting them for a crime. Staff proposes that the
procedures in the proposed ordinance be adopted as less drastic alternative to criminal arrest,
while protecting the safety of persons and property at county facilities.
This proposed ordinance would create the authority for county administrative staff to establish a
code of conduct for 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. It also contains automatic exceptions for court-mandated activities, a
process for requesting additional exceptions in non-mandated circumstances, and an appeals
process.
ANALYSIS:
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 threats and vandalism to county vehicles at the
Department of Community Development in late 2018.
When such acts rise to the level of criminal behavior, law enforcement has the option of arresting
the suspects. However, absent clear criminal behavior to prompt arrest,there is no mechanism
for removing an individual from a facility 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 ifthey 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 Sheriffs 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 ofJefferson 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 oftime 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:
Discuss and potentially take action to approve a hearing notice on the proposed ordinance.
REVIEWED BY:42'
Philip Mor1 y,Co my Administrator Date
Please Publish Twice:February 6th and February 13th, 2019
Bill: Jefferson County Board of County Commissioners
PO Box 1220
Port Townsend, WA 98368
Non-Departmental #15829
NOTICE OF PUBLIC HEARING
Adding a New Chapter 8.85 to County Code:
Code of Conduct and Trespass from County Facilities
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, February 19, 2019, at 10:15 a.m. in the Commissioners'
Chambers, Courthouse, Port Townsend, Washington, for the purpose oftaking 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 the county to establish a code
of conduct that prohibits criminal behavior, dangerous or unsafe behavior, and unreasonably
disruptive behavior within county facilities; 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 8.85, to County Code, Title 8, and include the
following sections within Chapter 8.85:
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: Education and De-Escalation"
Section 100: Limitation"
The public can view the complete text of the proposed ordinance online at
www.cojefferson.wa.us.
Signed this 4th Day of February, 2019.
Jefferson County Board of Commissioners
Kate Dean, Chair
PROPOSED County Facility Trespass Ordinance
Page 1 of 10
CODE OF CONDUCT AND TRESPASS FROM COUNTY FACILITIES
Sections:
8.85.010 Purpose,authority,and applicability.
8.85.020 Definitions.
8.85.030 Authority to Issue Trespass Warnings--Service.
8.85.040 Duration ofExclusion.
8.85.050 Exceptions to Exclusion
8.85.060 Content of Trespass Warning.
8.85.070 Appeal Procedure.
8.85.080 Violation—Penalty.
8.85.090 Education and De-Escalation
8.85.100 Limitation.
8.85.010 Purpose,authority,and applicability.
1)The purpose ofthis chapter is to establish rules of conduct for County facilities that prohibit
dangerous or unsafe behavior,illegal behavior,and behavior that is unreasonably disruptive
to the use of County facilities by others.
2)It is further the purpose of this chapter to provide county staffand law enforcement officers
with additional,legally sound tools for the enforcement of such rules,as an alternative to
arrest and prosecution.
3)Enforcement may include issuing trespass warnings to persons who refuse to comply.It is
the goal ofthis chapter to encourage education and voluntary compliance,to place limitations
on the circumstances in which trespass warnings are issued,to create exceptions to issued
trespass warnings,and to provide an appeals procedure for after the issuance oftrespass
warnings, Formatted:Font:(Default)Times New Roman,12 pt
2)(4) This chapter is enacted as an exercise ofthe county's authority to protect and preserve the
public health,safety and welfare.
3 LThis chapter shall apply to facilities owned or controlled by the county.
4)(6) Enforcement only shall be taken for conduct violating rules adopted pursuant to this
ordinance,or pursuant to violations ofother statutes,ordinances,or regulations.
PROPOSED County Facility Trespass Ordinance
Page 2 of10
5)( This chapter shall be enforced to-emphasizein a manner that emphasizes 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)(9_1_Any constitutionally protected action or speech is excluded from the prohibited behavior
regulated in this chapter.
8)(10)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 ofany other
county board that is subject to the Open Public Meetings Act,Chapter 42.56 RCW.
f9-(1 I)Persons who are trespassed from a county facility,but wish to attend a p eeting-of
any open public meeting
that is subject to the Open Public Meetings Act(Chapter 42.56 RCW),west-anand
that is held within a county facility,may do se : -=.
pursuant to JCC 8.85.050(1).
12) Dangerous or unsafe behavior,illegal behavior,and unreasonably disruptive behavior,as
defined in JCC 8.85.020,is prohibited within all county facilities.
8.85.020 Definitions.
1)"County"means Jefferson County,Washington.
2)"County administrator"means the person appointed county administrator by the County
Board ofCommissioners 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.
PROPOSED County Facility Trespass Ordinance
Page 3of10
8)"Excluded person"means a person excluded from acounty facility pursuant to this Chapter.
9)"Illegal behavior"means behavior that is prohibited by the laws ofthe United States,
Washington State, - - .• .. ,
r applicable County or municipal codes.
Assaulting staff or other patrons;or,
acts),
FI5)(I0) "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.
f 1410 11 "Open Public Meetings Act"means RCW 42.30.
Or"means or,in addition to and/or.
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.
Preponderance ofevidence"means that,when considering a proposition,based
on all evidence,the proposition is more probably true than not.
20)(I ) "RCW"means the Revised Code of Washington as it now exists or may amended
in the future.
21)(16) "Sheriff'means the county sheriff or designee.
22)(17) "Sheriffs civil office"means the Civil Office of the sheriff,located on the 3`d
Floor of the courthouse.
23)(18) "Trespass warning"means a trespass warning issued pursuant to JCC 8.85.030.
24)(19) _"Unreasonably disruptive behavior"is behavior that is not constitutionally
protected and that,in consideration ofthe nature,scope,use and purpose of the publicly-
owned property in question,unreasonably interferes with others'use and enjoyment of
PROPOSED County Facility Trespass Ordinance
Page 4 of 10
publicly-owned property. Examples of unreasonably disruptive behavior include,but are not
limited to,any ofthe following:
a) Use ofunreasonably hostile or aggressive language or gestures,unreasonably loud vocal
expression or other unreasonably loud noise(such as music),or unreasonably boisterous
physical behavior,that disrupts or interferes with normal County operations;;
b) Using electronic or other communication devices in a manner that is unreasonably
disruptive to others;
c) Actual or simulated sexual intercourse or sexual conduct,or public nudity(except that a • I Formatted:Indent Left: 0.25'
mother's breast feeding ofher baby does not under any circumstance constitute
prohibited behavior);
d)Consuming,possessing,selling,or distributing alcoholic beverages,non-prescribed
controlled substances,or illegal drugs;
e) Attempting to enter any"Staff Only"area ofa county facility,or entering a closed
facility after hours,without permission;
f) Unreasonably interfering with the free passage ofstaff or patrons in or on public
property;or,
e)(g) 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:
a_-theThe person has violated any statute,ordinance,regulation,or rule of conduct • Formatted
relating to or prohibiting dangerous or unsafe behavior,illegal behavior,or
unreasonably disruptive behavior;,and,
th-thatSuch 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.
PROPOSED County Facility Trespass Ordinance
Page 5of10
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 ofa
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.O4O(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 ofmore 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 oftime for
the person to be excluded,the time period under such rule or regulation shall apply
notwithstanding the provisions ofthis section.
8.85.050 Exceptions to Exclusion
1)Exceptions that do not require prior approval:
a) Persons who are prohibited from a facility by a trespass warning may still go that facility,*------{Formatted:Indent:Left: 0.25°
without prior approval,for the following reasons:
i. To respond to a summons forjury service; Formatted
ii. To attend court when subject to a summons,subpoena,or similar
requirement to appear before a court;or,
PROPOSED County Facility Trespass Ordinance
Page 6 01 10
iii. To attend any open public meeting that is subject to the Open Public
Meetings Act(Chapter 42.56 RCW),and that is being held within a
county facility.
b)An excluded person exercising an exception that does not requireprior approval may not
engage in any other business while at the facility without prior approval,and must depart
immediately from the county facility upon the conclusion oftheir business or upon the
conclusion of their participation in the open public meeting.
2)Exceptions requiring prior approval: Formatted:Indent:Left: 0",Don't add space between
paragraphs of the same style,Numbered+Level:1+
a) Subject to the procedure outlined below,an excluded person may visit the county facility Numbering Style:1,2,3,...+Start at:1+Alignment
only with prior approval,for the following purposes: Left+Aligned at 0.25"+Indent at: 0.5"
Formatted:Indent:Left: 0.25",Don't add space
a) i.To utilize a public service provided by an office within the county facility, between paragraphs of the same style, No bullets or
where the service is not available elsewhere in the county;or, numbering
Formatted:Indent:Left: 0.25",Don't add space
between paragraphs of the same style,Numbered+
Level:2+Numbering Style:a,b,c,...+Start at 1+
e) ii.To seek review of a trespass warning pursuant to the procedure in JCC Alignment:Left+Aligned at: 0.75"+Indent at: 1"
8.85.070• Formatted:Normal, No bullets or numbering
23(b) Upon written request for such an exception,the department director for the Formatted:Font:Times New Roman,12 pt
facility from which the person was excluded may authorize an exception for the excluded• • Formatted:Indent:Left. 0.5", No bullets or
person,allowing the person to enter the facility : ..• . .- .. .. Formatted:Indent Left: 0.25"
8,8-5440(-147,
3-)i. The department director shall issue a written decision on a request for • Formatted
entry onto public property by the recipient of a trespass warning during a
period ofexclusion no later than 48 hours after receipt of the request.
a)ii. Ifthe exception is authorized,the decision must specify the duration ofthe
authorization,must specify any conditions thereof,and must explain the
process outlined in JCC 8.85.050(4)(c).
b)iii. Ifthe exception is denied,the decision must contain an explanation for the• Formatted
denial,and refer the person to the appeal process in JCC 8.85.070
4)(c) Once such authorization is received,but before entering the county facility,an • Formatted:Indent:Left: 0.25"
excluded person must provide notice as follows:
a) i.For county facilities otherthan the courthouse,the excluded person must• {Formatted:Indent:Left: 1", No bullets or numbering j
first notify the department director or designee for the facility from which the
person was trespassed, : •• _ . . -- .. •: ' •: :_ -=. Such notice must
be made telephonically,at least two hours prior to the intended visit. This is to
PROPOSED County Facility Trespass Ordinance
Page 70110
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.
l}) ii.For the courthouse,on entering the courthouse the excluded person must Formatted:Indent:Left: 0.5",Hanging: 0.56", No
proceed immediately to the security station and contact the personnel on duty at bullets or numbering
the security station,who shall contact a deputy on duty.
0 iii.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.
t 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 ofTrespass 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 thereofto which the exclusion applies;
e) Specify the length ofthe 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 ofthe 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:
PROPOSED County Facility Trespass Ordinance
Page 8 of 10
i. During the review,the behavior resulting in the trespass warning must be proved by
a preponderance ofthe 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.
iv. The county administrator may consider whether the excluded person was afforded
reasonable warnings that their conduct might lead to a trespass,and reasonable
opportunities to correct their conduct,and weigh these factors against the
gregiousness of the conduct itself.
Formatted:Indent:Left: 0.81", No bullets or
numbering
b)Ifthe warning was issued because of the alleged violation ofany 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;
f) 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 ofthe written decision
and that the time frame for seeking judicial review runs from the date of service ofthe
written decision.
2)For purposes ofthis 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 ofevidence 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 ofa person who did not
observe personally the conduct,would not ordinarily be relied upon by law enforcement
PROPOSED County Facility Trespass Ordinance
Page 9of10
officers in the determination ofprobable 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 ofthe 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)Ifthe 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 ofthis
section.
5)The decision of the county administrator will be the county's final decision.
6)A person seekingjudicial 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 ofany 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 ofa 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 ofany other penalties that may apply under state or
local law.
8.85.090 Education and De-Escalation.
I)In the application of this chapter's provisions,county staffand law enforcement shall
prioritize education,de-escalation,and voluntary compliance whenever reasonably possible.
This may include explaining the rules,providing warnings ofpotential consequences for rule
violations,and giving people who violate rules an opportunity to correct their behavior.
2) Whenever reasonably possible,the issuance ofa trespass warning to a person should be used
after other techniques and de-escalation attempts have proved ineffective.
PROPOSED County Facility Trespass Ordinance
Page 10 of 10
3)Nothing in this section is intended to preclude county staffor law enforcement from
immediately issuing a trespass warning to a person when that person's conduct jeopardizes or
threatens to jeopardize the safety of others,involves criminal behavior,or is so egregious that
there is no reasonable solution short of trespass warning.
8.85.090-100 Limitation.
Nothing in the chapter shall be construed to alter the rights of the state or any local government
to enforce other provisions ofstate or local law or to prosecute criminal conduct under state or
local law.
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