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Ord 01-404 ORDINANCE NO. 01-404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III, SECTION 11-55 OF CHAPTER 11 OF THE FEDERAL WAY CODE. PARK REGULATIONS (Amending Ordinance No. 91- 82.) WHEREAS, the Federal Way City Co unci I recognizes that City Parks are enjoyed and used by many citizens; and WHEREAS, the Parks director currently has the authority in the Federal Way City Code to expel individuals from Parks under Chapter II, Section II-55; and WHEREAS, some individuals do not obey the rules of the parks, do not obey the directions of park staff, and do not obey the director's expulsion; and WHEREAS, the Federal Way City Council finds that the enjoyment and safety of the public should be protected; and WHEREAS, the Federal Way City Council finds that in some cases it may be necessary for the law enforcement officers to issue a trespass citation when individuals do not obey the Park Director's expulsion from the City Park; and WHEREAS, the Federal Way City Council finds that it is in the best interest of the citizens to amend Article Ill, Section II-55 of Chapter II of the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD # 01-404 ,PAGE I ccöf1f Section 1. Article III, Section 11-55 of Chapter 11 of the Federal Way City Code is amended as follows: 11-55 Expulsion from parks. (a) 10 addition to another penalty imposed pursuant to this article, the director or desil!:nee may order the expulsion of any person from any park for a period of one to seven days ifhe or she observes such person: (I) Using abusive or disruptive language or engaging in conduct w1ti£R-that disrupts a park facility or program. (2) Directing-Faeia!ly offensive remarks at another person based on such person's actual or perceived race or ethnic grOUP, nationality, religion, disabilitv, sex or sexual orientation. (3) Using tobacco products in an unauthorized area or facility. (4) Causing injury or risk of injury to another person or persons. (5) Causing damage or risk of damage to city property. (6) Violating any provision of this article. (b) The director or designee may order the expulsion of any persons ITOm any park for ~ period of I seven days to one year if such person: (I) Has been expelled ITom the park two or more times in any 30-day period. (2) Caused injury to another person. (3) Sells, possesses or uses alcohol or illegal drugs or alcohol. (4) Possesses or uses any weapon. (5) Commits more than one violation of this article in any 3D-day period. ORD # 01-404 , PAGE 2 (c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address or delivered in person. (d) The director or designee mav folWard the written notice of expulsion along with the certified mail receipt to the Department of Public Safety. (I) The written notice of expulsion shall be a notice of trespass. (2) Anv person on Citv Dark prooertv, in violation of the written notice of exDulsion, will be guiltv of trespass. (3) The notice of trespass and expulsion will expire on the date indicated in the written notice of expulsion. (~à) Any person who enters a park during a period during which he or she has been expelled under subsection (a) or (b) of this section is guilty of violating this article and will be subject to the enforcement in Section II-54. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its applicatiøn to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. ORD # 01-404 , PAGE 3 PASSED by the City Council of the City of Federal Way this October ,2001. CITY OF FEDERAL WAY 2nd ~~d (~ ~(J~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 10/06/01 EFFECTNE DATE: 11/01/01 ORDINANCE NO. 01-404 K,\ORDIN\Chapterll-55 update2. Revised 9/2010 I ORD # 01-404 , PAGE 4 09/11/01 10/02/01 day of