Seattle Police Manual

Policy 15.275 – Enforcing Trespass in Parks

Effective Date:  11/21/2012

15.275-POL

This policy applies when an officer enforces the criminal trespass law in a city park or Parks Department facility using the Parks Trespass Warning/Exclusion (form 23.4).

1.  Parks Superintendant Authorizes SPD to Issue Warnings and Exclusions

The Seattle Parks and Recreation Superintendent has authorized police officers to issue a Parks Trespass Warning/Exclusion to anyone who violates the following within a city park or Parks facility:

• Any provision of the City of Seattle Parks Code (SMC Chapter 18.12)
• Any park rule as defined in SMC 18.12.030
• Any other provision of the SMC or RCW

2.  Officers Will Issue Written Notice for Warnings and Exclusions

Officers will issue the Parks Trespass Warning/Exclusion to give notice to the offender of the trespass warning or exclusion.  This is a three-part form:

• Original copy (White) – Routed to the Data Center after sergeant approval.  The reverse side contains space for the officer’s narrative.
• Offender’s Copy (Gold) – Given to the offender. The reverse side of this copy contains information on how the offender may request a hearing and lists the park zones, including the names and addresses of the parks located in each zone.
• Precinct of Occurrence Copy (White Card Stock) – Filed at the precinct.

Officers will give the offender the opportunity to sign the original, but a refusal to sign does not invalidate the warning or exclusion.

3.  The Offender’s Conduct May Also Trigger Exclusion

In addition to a trespass warning, officers may include an exclusion on the same form for certain conduct.

If a person’s conduct in a park or Parks facility is a threat to public safety, the officer may exclude that person from that park or facility for the remainder of the day.

If a person has committed a felony or criminal weapons violation in a park or Parks facility, the officer may exclude that person from that entire park zone for a period of one year.

4.  RMS Flags Will Show Previous Parks Trespass Warnings/Exclusions

The precinct operations administrative specialist will enter the information from the Parks Trespass Warning/Exclusion into the Records Management System (RMS).

If Parks hearing officers rescind or shorten an exclusion period, they will send a copy of that order to the precinct of issuance.  The precinct operations administrative specialist will update the RMS to reflect the change and send a copy of the order to the Data Center Unit.

Officers who do not have immediate access to RMS may contact Communications to check for flag records.

5.  Officers May Arrest Based on Previous Parks Trespass Warnings/Exclusions

Officers may initiate contact and arrest a person for criminal trespass if:

• The person enters or remains in a park or Parks facility from which he or she has been excluded, during the period covered by a Parks Trespass Warning/Exclusion.
• The person has received a Parks Trespass Warning/Exclusion, remains in or returns to any park or Parks facility, and violates any of the applicable rules or laws.

 

15.275-PRO-1   Completing the Parks Trespass Warning/Exclusion Process

Officer

1.   Completes the front of the Parks Trespass Warning/Exclusion, including name and serial number at the top left.

2.   Provides the offender the opportunity to sign the form.

a. Marks the “Refused to sign” box if appropriate.

3.   Gives the offender the gold copy of the form.

4.   Writes a narrative on the reverse side of the original describing the offender’s conduct that led to the warning or exclusion.

5.   Submits both the original and the precinct of occurrence copy to the precinct ops administrative specialist.

Ops Administrative
Specialist

8.   Enters the information into RMS creating a trespass flag. See 15.275-TSK-1

9.   Files the precinct copy alphabetically.

10. Forwards the original to the Data Center.

 

15.275-TSK-1 Entering the Parks Exclusion/Trespass Warning

When entering a flag record into RMS from a Parks Trespass Warning/Exclusion, the ops administrative specialist:

1.  Completes flag record entry mask to input the data.

a.   If the warning contains no exclusion or an exclusion for the remainder of the day, the correct flag record type is Park Warning (PW).

• Note: The exclusion for the remainder of the day is likely already expired by the time the flag record is entered.  The warning remains in effect.

b.   If the warning contains a one-year exclusion, the flag record type is Park Exclusion (PE).

2.  Formats the “remarks” section according to the flag record type.

a.   Type PW-“PW,(Park name),(Reason)”

b.   Type PE-“PE,(Park Zone),(Park name),(Reason)”

3.  Scans the Parks Trespass Warning/Exclusion into RMS.