Ordinance 2442-00 - Laserfiche WebLink

observation by the Parks Director or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. B. If the offender: 1. Has not been excluded from any city park by an Exclusion Notice issued within one (1) year prior to the violation and the current violation is not a weapon violation, then the Parks Director or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven (7) days from the date of the Exclusion Notice. 2. Has been the subject of only one (1)prior Exclusion Notice issued within one (1) year prior to the current violation and neither the current nor the past violation was a weapon violation, then the Parks Director or his/her designee shall exclude the offender from any or all city parks for a period of ninety (90) days from the date of the Exclusion Notice. 3. Has been the subject of two (2) or more prior Exclusion Notices issued within one (1) year prior to the current violation, or if the current violation is a weapon violation, then the Parks Director or his/her designee shall exclude the offender from any or all city parks for a period of one(1)year from the date of the Exclusion Notice. C. The Exclusion Notice shall be in writing and shall contain the date of issuance. The Exclusion Notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. D. Only the Parks Director or his/her designee after a hearing may rescind, shorten or modify an Exclusion Notice. E. An offender receiving an Exclusion Notice longer than seven (7) days may seek a hearing to have the Exclusion Notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be an elected or pro tempore Everett Municipal Court judge, unless the Mayor designates another as hearing examiner. The request for a hearing shall be delivered to the Parks Director or postmarked no later than seven (7) days after the issuance date of the Exclusion Notice. The request for hearing shall be in writing and shall be accompanied by a copy of the Exclusion Notice on which the hearing is sought. The hearing should occur within seven (7) days after the Parks Director receives the request for hearing. The Parks Director or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing. F. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the Exclusion Notice. If the Exclusion Notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the Exclusion Notice to be upheld. The Exclusion Notice establishes a prima facie case that the offender committed the violation as described. The hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the Exclusion Notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy. 15