9.03.040 Public facility – Criminal activity – Prohibition of entry.
A. Whenever a police officer or a judge, commissioner or judge pro tempore of the Bothell municipal court has probable cause to believe that a person has committed any act set forth in subsection C of this section on any public facility as described in subsection D of this section, that person may be given a written order prohibiting that person from entering the public facility where the act was committed. When issued by a police officer, the order shall be effective for a period of up to 45 days or the date in which the violator is arraigned on the criminal matter which resulted in the issuance of the order, whichever comes first, unless extended by a judge, commissioner, or judge pro tempore. When issued or extended by a judge, commissioner, or judge pro tempore, the order shall be effective during the pendency of the criminal action arising out of the act which resulted in the issuance of the order unless withdrawn sooner by a judge, commissioner, or judge pro tempore. If the person is convicted in any criminal action arising out of the act which resulted in the issuance of the order, the judge, commissioner, or judge pro tempore may issue or extend the order for such a period of time not to exceed the time that the court retains jurisdiction over the matter.
B. Whenever a police officer has probable cause to believe that a person has been notified in writing under this section that the person is prohibited from entering a public facility described in subsection D of this section, and the person is on the public facility for which prohibition of entry has been ordered, such officer may arrest the person for violating the prohibition on entry.
C. An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed on the public facility:
1. Any act which qualifies as a felony crime;
2. Any act which qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, or 46.61.525; or
3. Any act which involves entering an area designated in subsection D of this section after the area was closed to the public.
D. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following:
1. Any park maintained by the city of Bothell, the counties of King or Snohomish, or the state of Washington.
2. Any recreational area maintained by the city of Bothell, the counties of King or Snohomish, or the state of Washington, including but not limited to the property known as the Bothell Senior Center.
3. Any public library maintained by the city of Bothell, the county of King, or the state of Washington.
E. A person who is issued an order pursuant to this section shall have the opportunity to challenge the issuance of the order. When a person challenges the validity of the order, the city must establish that probable cause exists to believe that the person committed any act set forth in subsection C of this section. Proof of probable cause shall be established based solely upon the sworn declaration incorporated by reference in a police officer’s report that substantially conforms to the requirements of RCW 9A.72.085 without further evidentiary foundation. The sworn declaration may be supplemented by the testimony of witnesses. The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order.
F. Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, the right to lawfully and peaceably assemble, the right to travel, the right to petition the government for redress of grievances, or the response to an emergency.
G. A person who violates this section shall be guilty of a misdemeanor. (Ord. 1911 § 2, 2003).