Ordinance 2442-00 - Laserfiche WebLink

G. If the violation is proved, the Exclusion Notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection B of this section. H. The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner's decision must file an application for a writ of review in the Snohomish County Superior Court with fifteen(15) days of the date of that decision. I. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding. J. No determination of facts made by a person conducting a hearing under this section 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. K. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 can be corrected without resort to an Exclusion Notice. Section 29: Ordinance No. 3471, as amended, (Chapter 9.06 EMC) is hereby amended by the addition of the following new section: Trespass in Parks—Punishment. A. Any person who knowingly: 1. Enters or remains in a park from which he or she has been excluded during the period covered by an Exclusion Notice pursuant to section 24 of this ordinance; 2. Enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the Parks & Recreation Department or conducted pursuant to the terms of a permit issued by the Parks&Recreation Department; or 3. Enters or remains in any area of a park which has been designated and posted by the Director as a closed area, using such postings as "no admittance"or"closed to use"or "no trespassing." shall be guilty of trespass in parks, a gross misdemeanor, and may be punished by a fine not to exceed five thousand dollars ($5,000.00) or imprisonment in jail not to exceed one (1) year, or by both such imprisonment and fine. B. Unless otherwise posted, city parks are open to the public from 6:00 a.m. to 10:00 p.m. The parks are closed to public use from 10:00 p.m. to 6:00 a.m. C. The provisions of this section do not apply to any duly authorized Department of Parks and Recreation or other city employee in the performance of his or her duties, or other person authorized by law. D. It is not a defense to the crime of trespass in parks: 16