9.50.080 Review procedure.
(1) For good cause, the police chief may rescind, shorten, or modify a trespass warning consistent with this section.
(a) A written request for review of a trespass warning must be delivered to the police chief no later than seven business days after it is issued.
(b) The police chief must hold a review hearing on the decision within one week of receipt of a request for review of a trespass warning.
(c) The police chief must notify the person subject to the warning of the date, time, and place, telephone number or electronic means at or by which the review will be conducted.
(d) The review decision must be communicated no later than five business days following the review.
(e) The review decision must inform the person subject to the warning of the right to seek judicial review of the 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 a trespass warning must be found where any of the following are true:
(a) The person subject to the warning demonstrates by a preponderance of the evidence that his or her conduct was intended to be expressive conduct protected by the First Amendment;
(b) The person subject to the warning was not given warning that the conduct in question was subject to a trespass warning;
(c) The trespass warning was based solely upon the statement of a third party, was not observed personally by the issuing officer or a city employee, would not ordinarily be relied upon by police officers in the determination of probable cause, and the person subject to the warning claims that he or she did not commit the action for which he or she was warned; or
(d) Reasonable minds could differ on the question of whether the conduct in question was unreasonably disruptive to others on the same property at the same time.
(3) At the review hearing, the violation must be proved by a preponderance of the evidence to uphold the trespass warning. The police chief may consider a sworn report or declaration from the officer who issued the trespass warning or upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that the person committed the violation as described. The police chief may consider information that would not be admissible under the evidence rules in a court of law but that the police chief considers relevant and trustworthy. 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.
(4) The decision of the police chief constitutes the city’s final decision. A person seeking judicial review of the city’s final decision must file an application for a writ of review in superior court within 15 days of receipt of the city’s final decision.
(5) The trespass warning remains in effect during the pendency of any administrative or judicial proceeding.
(6) No determination of facts made by the police chief may have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and may not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. (Ord. 1516 § 2 (Exh. B), 2023).