- (1) This chapter shall be enforced so as to emphasize voluntary compliance with all applicable laws, rules, regulations, statutes, and policies, and so that inadvertent and/or minor violations of all applicable laws, rules, regulations, statutes, and policies can be corrected without resort to the issuance of a no trespass warning notice. Therefore, prior to issuing a no trespass warning notice to an individual, an authorized officer may choose, in his or her discretion, to first issue a verbal warning and/or a "warning letter" to an individual who exhibits "unacceptable behavior" which does not rise to the level of criminal conduct and/or does not constitute a safety risk.
- (2) An authorized officer may issue a no trespass warning notice, which shall be valid and enforceable for a period of sixty days from the date of its issuance, to any individual when he or she has good cause to issue such a no trespass warning notice, which shall conform to the requirements of subsection (4) of this section. Violation of any term of a no trespass warning notice shall constitute the crime of criminal trespass under chapter 9A.52 RCW.
(3) Should an individual:
- (a) Violate the terms of the no trespass warning notice; or
- (b) Receive two no trespass warning notices within a one-year period, then the individual shall be issued a third no trespass warning notice by an authorized officer, which shall be valid and enforceable for a period of one year from the date of the issuance of the third no trespass warning notice.
(4) A no trespass warning notice shall:
- (a) Be in writing and signed by the individual authorized officer issuing it;
- (b) Contain the date of issuance, the violation that the person is alleged to have committed, and a citation to the code, statute, or rule violated;
- (c) Specify the places where the individual will be expelled from and the length during the period in which the no trespass warning notice is valid and enforceable;
- (d) Set out the method for appealing the notice, which shall also include the address where the appeal should be sent;
- (e) Prominently display a warning of the consequences for failure to comply with the notice and state that a violation of the terms of the notice will constitute criminal trespass under chapter 9A.52 RCW.
- (5) The person being expelled need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for a no trespass warning notice to be issued or effective. The authorized officer need only establish that good cause existed to support the issuance of the no trespass warning notice.
[Statutory Authority: RCW 47.56.030 and 47.60.010. WSR 13-16-010, § 468-300-806, filed 7/25/13, effective 8/25/13.]