Subject: MULTI-DEPARTMENTAL

ADMINISTRATIVE RULES

Rules Regarding:

Operating Hours for City Properties; Unauthorized Camping on City Properties; Enforcement Procedures; and Removal of Unauthorized Property.

No. MDAR 17-01

Effective: April 3, 2017

Supersedes MDAR 08-01

Approved:

_____________________________________________

Superintendent, Date

Parks and Recreation Department

_____________________________________________

General Manager and CEO, Date

City Light Department

_____________________________________________

Director, Date

Seattle Public Utilities

_____________________________________________

Director, Date

Seattle Department of Transportation

_____________________________________________

Director, Date

Department of Finance and Administrative Services

_____________________________________________

Director, Date

Department of Neighborhoods

_____________________________________________

Director, Date

Office of Housing

_____________________________________________

Director, Date

Seattle Center Department

1.0 INTRODUCTION AND PURPOSES

1.1 Introduction and Findings.

The City owns and operates various City real property, including property under the jurisdiction of the Seattle Parks and Recreation Department ("Parks"), Seattle Public Utilities ("SPU"), Seattle Department of Transportation ("SDOT"), Seattle City Light ("SCL"), Department of Finance and Administrative Services ("FAS") the Department of Neighborhoods ("DON"), the Office of Housing ("OH"), and Seattle Center.

The City finds the following conduct on various City properties is a threat to public safety and health and interferes with the public's ability to use public property for its intended purposes:

1.1.1 The unauthorized entry on certain City property that is closed to the public or is open to the public during certain operating hours or for certain limited purposes; and

1.1.2 Erecting unauthorized structures, tents, or other shelters in locations that create an obstruction or an immediate hazard.

1.2 Present Laws and Rules.

1.2.1 The Parks Code (SMC Chapter 18.12) establishes general operating hours for parks, prohibits the erection of unauthorized structures, prohibits camping, and provides for enforcement by, among other means, issuing Parks Exclusion Notices.

1.2.2 The Street Use Ordinance (SMC Chapter 15.04) prohibits the unauthorized entry onto SDOT property that is not open to the public and prohibits erecting unauthorized structures on SDOT property.

1.2.3 A SPU rule for Open Spaces establishes operating hours, prohibits the erection of unauthorized structures, prohibits camping, and provides for enforcement by, among other means, issuing administrative notices of exclusion.

1.2.4 FAS rules establish operating hours, general rules of conduct, including the prohibition of camping, and provide for enforcement by, among other means, issuing administrative notices of exclusion,

1.2.5 Seattle Center Campus Rules prohibit camping and require a permit for erecting structures on Seattle Center property and provide for enforcement by, among other means, issuing administrative notices of exclusion.

1.3 General Purpose.

The general purpose of this rule is to establish uniform rules and procedures for addressing encampments on Parks, SPU, SDOT, SCL, FAS, DON, OH, and Seattle Center property.

1.4 Specific Purposes.

The specific purposes of this rule include:

1.4.1 Establishing procedures regarding entering or remaining in certain areas of City property that are not open to the public or are open to the public only during certain operating hours;

1.4.2 Establishing procedures regarding erecting structures or placing equipment on City property;

1.4.3 Establishing rules that address camping on City property under the jurisdiction of City departments including SDOT, SCL, FAS, DON, OH, and Seattle Center.

1.4.4 Establishing uniform encampment rules for Parks, SPU, SDOT, SCL, FAS, DON, OH, and Seattle Center;

1.4.5 Establishing for Parks, SPU, SDOT, SCL, FAS, DON, OH, and Seattle Center standard procedures regarding removing from City property unauthorized structures, camping equipment, and other personal property; and

1.4.6 Define "camping" as the term is used in SMC Section 18.12.250 (Parks Code) and SPU Open Space Rule (October 2006).

2.0 REFERENCES AND AUTHORITY

2.1 SMC 18.12.250 "Camping";

2.2 SMC 18.12.278 "Park Exclusion";

2.3 SMC 18.12.030 "Definitions";

2.4 SMC 18.30.010 "Definitions";

2.5 SMC 15.04 "Use and Occupation Permits"; and

2.6. SMC 15.38 "Impounding".

2.7 These rules are authorized by and promulgated as provided in the City Administrative Code (SMC Chapter 3.02) and:

2.7.1 SMC 3.26.040 (Parks);

2.7.2 SMC 3.32.020 (SPU);

2.7.3 SMC 3.12.020 (SDOT);

2.7.4 SMC 3.08.020 (SCL);

2.7.5 SMC 3.39.020 (FAS);

2.7.6 SMC 3.35.040 (DON);

2.7.7 SMC 3.14.740 (OH); and,

2.7.8 SMC 17.04.040 (Seattle Center).

3.0 DEFINITIONS

3.1 "Abandoned" means that personal property in a public place or on City property is presumed to be abandoned by the owner or custodian so as to permit an authorizing official to take custody when:

A. The property is placed out for collection in conjunction with solid waste or recyclable material on the scheduled date for City collection, or it is placed there on a date contemporaneous with a community collection or clean-up.

B. The property is not associated with an encampment and a reasonable person would not allow the property to be there unattended for the length of time the property has been there, considering the location of the property in the sidewalk, roadway, or other City property, the type of property, the danger of theft, and the risk of damage from weather;

C. No name appears on the property and the occupant or owner of the adjacent real property on inquiry disclaims ownership; or

D. The property is unattended on a sidewalk or planting strip adjoining a park or in a park drive or boulevard.

3.2 "Authorizing Official" means as to property under their jurisdiction the Superintendent of Parks and Recreation, the General Manager and CEO of Seattle City Light, the Directors of SPU, SDOT, FAS, DON, OH, or Seattle Center, and their respective authorized designees.

3.3 "Camp" and "camping" means (for purposes of SMC 18.12.250, SPU Open Space Rules issued December 2006, and this rule) to erect a tent or other shelter, or to assemble on a public place or City property camping equipment or personal property that to a reasonable person evidences that a person has remained, or intends to remain, on the property overnight or on the property when it is closed to the public. Camping equipment includes but is not limited to tarps, blankets, sleeping bags, cooking equipment, and other items commonly associated with remaining overnight.

3.4 "City" means the City of Seattle.

3.5 "City Property" means City buildings and adjacent premises owned or occupied by the City, and any real property or facilities owned by, operated by, or under the jurisdiction of a City department, including Parks, SPU, SDOT, SCL, FAS, DON, OH, and Seattle Center.

3.6 "Contraband" means any property that is unlawful to produce or to possess.

3.7 "Department" means the Seattle Department of Parks and Recreation ("Parks"), the Seattle Public Utilities ("SPU"), Seattle City Light ("SCL"), Seattle Department of Transportation ("SDOT"); Department of Finance and Administrative Services ("FAS"); the Department of Neighborhoods ("DON"), Office of Housing ("OH"), or Seattle Center.

3.8 "Director" means the Director of SPU, SDOT, FAS, DON, OH, and Seattle Center or the Director's designee.

3.9 "Encampment" means one or more tent, structure, or assembly of camping equipment or personal property located in an identifiable area, which appears to a reasonable person to be being used for camping. An identifiable area includes areas where the tents or structures are in plain sight of each other.

3.10 "Garbage" or "refuse" means any item that in its present condition has no apparent utility.

3.11 "General Manager and CEO" means the General Manager and CEO of Seattle City Light and designees.

3.12 "Hazardous items" means an item that reasonably appears to pose a health or safety risk to members of the public or to City employees or to other authorized personnel. Hazardous items may include blankets, clothing, sleeping bags, or other items depending upon their condition and site conditions.

3.13 "Open Space" means land owned, operated, and occupied by SPU, either improved or unimproved, including land predominantly in its natural state, riparian areas, watersheds or other habitat areas, which are preserved from urbanization and with which a public right of way is associated. Open Space does not include parks that are under the jurisdiction of the Department of Parks and Recreation.

3.14 "Park" means all parks and bodies of water in a park, squares, drives, parkways, boulevards, trails, golf courses, museums, aquaria, zoos, beaches, playgrounds, playfields, botanical gardens, greenbelts, parking lots, community centers, and other park, recreation and open areas and buildings and facilities comprising the parks and recreation system of the City that are under the management and control of the Superintendent of the Department of Parks and Recreation.

3.15 "Personal Property" means an item that is: (1) reasonably recognizable as belonging to a person; (2) in its present condition has apparent utility; and (3) is not hazardous. Examples of personal property include but are not limited to tents, bicycles, radios or other electronic equipment, eyeglasses, prescription medications, photographs, jewelry, crutches, and wheelchairs. Personal property does not include building materials such as wood products, metal, pallets, or rigid plastic. The authorizing official should resolve a reasonable doubt as to whether an item is personal property in favor of deciding the item is personal property and treat it accordingly under this rule.

3.16 "Public place" means public right-of-way and the space above or beneath its surface, whether or not opened or improved, including streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting strips, squares, triangles, and plazas that are not privately owned.

3.17 "Structure, Tents, and Other Shelters" means anything constructed or erected on or under the ground, or any improvement built up or composed of parts joined together in some definite manner. Structures include, but are not limited to, buildings, lean-tos, tents, awnings, pallets, and tarps.

3.18 "SMC" means Seattle Municipal Code.

3.19 "Superintendent" means the Superintendent of Parks and Recreation or designees.

3.20 "Unauthorized item" means an item that is abandoned on public property, is present on public property without a required permit-or other authorization, or evidences use for camping in violation of applicable law or these rules.

4.0 RULE APPLICABLE TO ALL DEPARTMENTS

4.1 All City departments shall comply with the Encampment Cleanup Rule 17-01 adopted by FAS as the rule may be amended or superseded. If a conflict exists between the FAS-adopted rule and any provision of this rule, the FAS rule shall control.

4.2 All City departments conducting an encampment cleanup according to the FAS rule shall notify the FAS Encampment Cleanup Program Manager of the proposed cleanup prior to initiating the cleanup.

4.3 The Director of Finance and Administrative Services or the Director's designees shall have the authority during an encampment removal action to act as the complainant to request police action to exclude individuals from any City-owned or City-controlled property or to enforce the trespass laws of the City including without limitation SMC 18.12.279 and 12A.08.040. Individuals who may be excluded or charged with trespass include but are not limited to individuals who are reasonably believed to reside at the encampment being removed and who refuse to leave, or individuals who obstruct the expeditious progress of the removal. Individuals who are not subject to a charge of trespass on City-controlled rights-of-way may be subject to the applicable provisions of Titles 11, 12A, and 15 of the Seattle Municipal Code.

5.0 INDIVIDUAL DEPARTMENTAL RULES

The following rules apply to property owned, operated, or under the jurisdiction of the applicable department.

5.1 Parks.

5.1.1 Operating Hours and Areas Closed to the Public. Some Parks property is always closed to the public. Other Parks property is open to the public only during established operating hours.

5.1.1.1 General park operating hours are between 4:00 a.m. and 11:30 p.m. as established in SMC 18.12.245.

5.1.1.2 Special operating hours may be established for individual parks or facilities either by rule or by posting as provided in SMC 18.12.040 and SMC 3.02.020.

5.1.1.3 Violation. In addition to a violation of any other applicable law, it is a violation of these rules to enter or remain in any area of a park when the area is closed to the public.

5.1.2 Structures, Tents, or Other Shelters.

5.1.2.1 Permit Required. SMC 18.12.070 requires a permit to erect a structure in a park.

5.1.2.2 Violation. SMC 18.12.275 provides that engaging in any activity that requires a permit without first obtaining a valid permit is a violation of SMC 18.12.275. In addition to a violation of that or any other applicable law, it is a violation of these rules to erect any structure in a park without a required permit.

5.1.3 Camping.

5.1.3.1 SMC 18.12.250 prohibits camping in any park except in places set aside and posted for such purposes by the Superintendent.

5.1.3.2 Violation. In addition to a violation of SMC 18.12.250 or other applicable law, it is a violation of these rules to camp except in places set aside and posted for such purposes by the Superintendent.

5.2 Seattle Public Utilities.

5.2.1 Operating Hours and Areas Closed to the Public. Some SPU property may always be closed to the public. Other SPU property is open to the public only during established operating hours.

5.2.1.1 General operating hours for SPU Open Spaces are from 4:00 a.m. to 11:00 p.m., as provided in SPU Open Space Rules (December 2006).

5.2.1.2 Different operating hours may be established for particular SPU property either by separate rule or by posting as provided in SMC 3.02.020.

5.2.1.3 Violation. In addition to a violation of other applicable law, it is a violation of these rules to enter or remain in any area of SPU property when the area is closed to the public,

5.2.2 Structures, Tents, or Other Shelters. SPU Open Space Rule (December 2006) prohibits, among other things, erecting any structure, including but not limited to tents, barricades, and fencing in any SPU Open Space.

5.2.3 Camping. SPU Open Space Rule (December 2006) prohibits, among other things, unauthorized camping in any SPU Open Space. In addition to a violation of that rule or other applicable law, unauthorized camping in any SPU Open Space is a violation of these rules.

5.3 Seattle Department of Transportation.

5.3.1 Operating Hours and Areas Closed to the Public. Some SDOT property may always be closed to the public. Other SDOT property may be open to the public only during established operating hours. Operating hours for particular SDOT properties may be established by rule or by posting as provided in SMC 3.02.020.

5.3.1.1 Violation. In addition to a violation of other applicable law, it is a violation of these rules to enter or remain in any area of SDOT property when the area is closed to the public.

5.3.2 Structures, Tents, or Other Shelters.

5.3.2.1 Permit Required. SMC 15.04.010 and 15.02.048 requires a permit for, among other uses, erecting any structure in a public place.

5.3.2.2 Violation. SMC 15.04.010 provides that engaging in any activity that requires a permit without first obtaining a valid permit is a violation of Chapter 15. In addition, it is a violation of these rules to erect any structure on any SDOT property without a required permit.

5.3.3 Camping.

5.3.3.1 Violation. In addition to violating any other applicable law, unauthorized camping on any SDOT property posted as "No Camping" or similarly posted is a violation of this rule.

5.3.4 Notice of Exclusion. An SDOT notice of exclusion issued according to this rule shall not preclude a person from using an open public place for transportation or other purpose consistent with this rule.

5.4 Seattle City Light.

5.4.1 Operating Hours and Areas Closed to the Public. Some SCL properly may always be closed to the public. Other SCL property may be open to the public only during established operating hours. Operating hours for particular SCL properties may be established by rule or by posting as provided in SMC 3.02.020.

5.4.1.1 Violation. In addition to violating any other applicable law, it is a violation of these rules for any person to enter or remain in any area of any SCL property when the area is closed to the public.

5.4.2 Structures, Tents, or Other Shelters.

5.4.2.1 Violation. In addition to violating any other applicable law, it is a violation of these rules for any person to erect any structure, tent, or other shelter on any SCL property without the written permission of the Superintendent.

5.4.3 Camping.

5.4.3.1 Violation. In addition to violating other applicable law, unauthorized camping on any SCL property is a violation of these rules.

5.5 Department of Finance and Administrative Services

5.5.1 Operating Hours and Areas Closed to the Public. Some FAS property may always be closed to the public. Other FAS property may be open to the public only during established operating hours. Operating hours for particular FAS properties may be established by rule or by posting as provided in SMC 3.02.020.

5.5.1.1 FAS rule (June 2006) establishes building and facility operating hours, unless provided otherwise by rule or by posting, as from 7:00 a.m. to 6:00 p.m., Monday through Friday, except for City holidays. FAS buildings and facilities are generally not open to the public on Saturdays, Sundays, City holidays, and on weekdays between 6:00 p.m. and 7:00 a.m.

5.5.1.2 Violation. In addition to a violation of other applicable law, it is a violation of these rules to enter or remain in any property under the jurisdiction of FAS when the area is closed to the public.

5.5.2 Structures, Tents, or Other Shelters.

5.5.2.1 Violation. In addition to violating other applicable law, it is a violation of these rules for any person to erect any structure, tent, or other shelter on any FAS property without the written permission of the Director.

5.5.3 Camping.

5.5.3.1 The June 2006 FAS rule prohibits, among other things, unauthorized camping on any FAS property.

5.5.4. In addition to a violation of the June 2006 FAS rule or other applicable law, unauthorized camping on any FAS property is a violation of these rules.

5.6 Department of Neighborhoods.

5.6.1 Operating Hours and Areas Not Open to the Public. Some DON property may always be closed to the public. Other DON property may be open to the public only during established operating hours. Operating hours for particular DON properties may be established by rule or by posting as provided in SMC 3.02.020.

5.6.2 Violation. In addition to a violation of other applicable law, it is a violation of these rules to enter or remain in any property under the jurisdiction of DON when the area is not open to the public.

5.6.3 Structures, Tents, or other Shelters.

5.6.3.1 Violation. In addition to violating other applicable law, it is a violation of these rules for any person to erect any structure, tent, or other shelter on any DON property without the written permission of the Director.

5.6.4 Camping.

5.6.4.1 Violation. In addition to violating any other applicable law, unauthorized camping on any DON property is a violation of these rules.

5.7 Seattle Center.

5.7.1 Operating Hours and Areas Not Open to the Public. Some Seattle Center property may always be closed to the public. Other Seattle Center property may be open to the public only during established operating hours. The Seattle Center Campus is open from 7:00 A.M. to Midnight daily (Ordinance No. 92792). Seattle Center may establish other operating hours for particular areas or facilities.

5.7.2 Violation. In addition to a violation of other applicable law, it is a violation of these rules to enter or remain in any property or facility under the jurisdiction of Seattle Center when the area is not open to the public.

5.7.3 Structures, Tents, or Other Shelters.

5.7.3.1 Violation. In addition to violating other applicable law, it is a violation of these rules for any person to place any structure, tent, or other shelter on any Seattle Center property without the written permission of the Director.

5.7.4 Camping.

5.7.4.1 Violation. In addition to violating any other applicable law, unauthorized camping on any Seattle Center property is a violation of these rules.

5.8 Office of Housing.

5.8.1 Operating Hours and Areas Not Open to the Public. Some OH property may always be closed to the public. Other OH property may be open to the public only during established operating hours.

5.8.2 Violation In addition to a violation of other applicable law, it is a violation of these rules to enter or remain in any property or facility under the jurisdiction of the OH when the area is not open to the public.

5.8.3 Structures, Tents, or Other Shelters.

5.8.3.1 Violation. In addition to violating other applicable law, it is also a violation of these rules for any person to place any structure, tent, or other shelter on any OH property without the written permission of the 'Director.

5.8.4 Camping.

5.8.4.1 Violation. In addition to violating any other applicable law, unauthorized camping on any OH property is a violation of these rules.

6.0 ENFORCEMENT

6.1. These rules are enforced in the same way as any other rules. Any violation of these or any other applicable rule or law may, depending on the particular circumstances, result in one or more of the following:

6.1.1 Written or oral withdrawal of a person's permission to remain on the property;

6.1.2 Issuance of a Parks Notice of Exclusion as provided in SMC 18.12.278 if the property is Parks Department property;

6.1.3 Issuance of an administrative notice of exclusion if the property is not Parks property; or

6.1.4 Issuance of a citation, a notice of infraction, or other enforcement action under applicable law.

6.2 Criminal Trespass.

6.2.1 Criminal Trespass Areas closed to the public. Any person who enters or remains on City property when such areas are closed to the public is subject to citation or arrest for criminal trespass (SMC 12A.08; RCW 9A.52).

6.2.2 Criminal Trespass Notice of Exclusion. Any person who enters or remains in an area in violation of a Notice of Exclusion from that area is subject to citation or arrest for criminal trespass (SMC 12A.08; RCW 9A.52).

6.2.3 Criminal Trespass Withdrawal of Permission. Any person who remains on City property after having received notice that his or her permission to remain on that property has been withdrawn is subject to citation or arrest for criminal trespass (SMC 12A.08; RCW 9A.52).

7.0 NOTICES OF EXCLUSION

7.1 Parks Exclusion Under SMC 18.12.278.

7.1.1 Issuance. The Superintendent may, by delivering a Notice of Exclusion in person to the offender, exclude from any park a person who has violated any law or any rule designated by the Superintendent as a "parks rule" as provided in SMC 18.12.278. The Superintendent designates these rules as "parks rules", the violation of which may result in issuance of a Parks Exclusion Notice.

7.1.2 Period of Exclusion. The period of exclusion for a Parks Exclusion Notice shall be as provided in SMC 18.12.278.

7.1.3 Appeals. Any person who receives a Parks Exclusion Notice for a period exceeding 7 days may file an appeal within 7 calendar days as provided in SMC 18.12.278.

7.2 Administrative Notices of Exclusion from City Property other than Parks Property.

7.2.1 The provisions of this Section 7.2 shall apply to departments that have not adopted by rule or ordinance procedures for administrative exclusions and an administrative appeal process.

7.2.2 Issuance. The authorizing official may issue an Administrative Notice of Exclusion as provided in these or other applicable rules.

7.2.3 Delegation.

7.2.3.1 Sworn Seattle Police Department personnel are authorized to enforce on City property these and any other applicable written or posted rules, and to issue notices of exclusion for violations.

7.2.3.2 The authorizing official may also in writing authorize others to enforce on City property these and any other applicable written or posted rules. However, only City employees may be authorized to issue a Parks Exclusion Notice or an Administrative Notice of Exclusion.

7.2.4 Basis for Exclusion. The excluded person need not be charged, tried, or convicted of any crime or infraction for a Notice of Exclusion to be issued or effective. The exclusion may be based on observation by the Director or Superintendent, or an authorized representative, or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.

7.2.5 Contents of Notice. The Notice of Exclusion shall be in writing and shall be signed by the issuing individual. It shall specify the date of issuance and the length and places of exclusion. Warning of the consequences for failure to comply and the processes regarding an administrative review hearing shall be prominently displayed in the Notice of Exclusion.

7.2.6 Unless otherwise specified, the exclusion shall take effect immediately upon actual or constructive receipt of the notice by the person being excluded. A person may not defeat the effectiveness of an exclusion by refusing to accept the notice. Receipt of the notice is construed to have been accomplished if the person knew or reasonably should have known from the circumstances that the privileges to enter upon City property have been revoked. Receipt of the notice is also construed to have been accomplished 2 days after an exclusion notice is placed in the U.S. mail to an individual's last known address.

7.2.7 Periods of Exclusion.

7.2.7.1 Felony or Weapons Violation. If the current violation is a felony or a weapons violation, the person may be excluded for up to one year.

7.2.7.2 If the current violation is not a felony or a weapons violation, the person may be excluded as provided below:

7.2.7.2.1 No Prior Exclusion within One Year. If a person has not been excluded from any City property under the jurisdiction of the issuing department within the preceding year, the person may be excluded for up to 7 days from the date of the Notice of Exclusion. If the violation occurred on property owned and maintained by Parks, then the Superintendent may exclude the violator from the City park zone where the current violation occurred.

7.2.7.2.2 One Prior Notice of Exclusion. If a person has been the subject of only one Notice of Exclusion issued within one year prior to the current violation, the person may be excluded for up to 30 days from the date of the Notice of Exclusion.

7.2.7.2.3 Two or More Prior Notices of Exclusion. If a person has been the subject of two or more Notice of Exclusions issued within one year prior to the current violation, the person may be excluded for up to one year from the date of the Notice of Exclusion.

7.2.8 Administrative Hearings Notices of Exclusion.

7.2.8.1 If the issuing department has rules that apply to such administrative hearings, those rules apply.

7.2.8.2 If the issuing department does not have rules that apply to such administrative hearings, the following rules apply:

7.2.8.2.1 Request for Administrative Review. A person who receives a Notice of Exclusion for a period greater than 7 days may within 7 business days of the notice being issued submit a written request to the authorizing official for an administrative hearing. The person seeking the hearing shall include in the request any written documentation to be considered in the administrative review process. The Notice of Exclusion remains in effect pending administrative review.

7.2.8.2.2 If a person timely requests an administrative review, the authorizing official shall designate a Review Officer. The administrative review is an informal process designed to give the individual the opportunity to explain the events surrounding the alleged violation. The Review Officer may in an exercise of discretion conduct meetings or interviews with the individual excluded and other individuals who may have information relevant to the Notice of Exclusion. The Review Officer may consider sworn written or verbal statements and give them the appropriate weight under the circumstances.

7.2.8.2.3 The Review Officer shall provide a written decision within 10 business days of the request for review. The decision may affirm, modify, terminate, or reverse the exclusion order. The Review Officer's decision is final City action on the review.

8.0 REMOVAL OF PROPERTY

8.1 Violation. In addition to a violation of other applicable law, it is also a violation of these rules to abandon or to store without authorization personal property on City property or to place garbage or refuse anywhere on City property except in a designated receptacle.

8.2 Summary Removal and Disposal. Garbage, Refuse, Hazardous Items, Building Materials, Contraband, or Evidence of a Crime.

8.2.1 Removal and Disposal. The authorizing official may summarily and without advance notice remove and dispose of: refuse; hazardous items, building materials, contraband; or evidence of a possible crime.

8.2.2 Contraband or Evidence. The authorizing official shall, before disposal, allow the appropriate law enforcement agency the opportunity to take possession of any item that is contraband or evidence of a possible crime.

9.0 DELEGATION AND GUIDELINES

9.1 An authorizing official may authorize any person or organization to assist in implementing these rules. However, only authorized City employees may issue a Parks Exclusion Notice or an Administrative Notice of Exclusion.

9.2 An authorizing official may issue operating guidelines, procedures, or protocols that, among other things, inform City employees and other authorized persons how to implement these rules.