Park exclusion.
Seattle Mun. Code ch. 18.12, subch. VII, § 18.12.278
in effect18.12.278 - Park exclusion.
A. The Superintendent may, by delivering an exclusion notice in person to the offender, exclude from a City park zone or zones, anyone who within a City park:
1. Violates any provision within this chapter; or
2. Violates any park rule as defined in Section 18.12.030; or
3. Violates any provision of the Seattle Municipal Code or Revised Code of Washington.
The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the Superintendent or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
B. If the offender:
1. Has not been excluded from any City park zone by an exclusion notice issued within one (1) year prior to the violation and the current violation is not a felony violation or weapon violation, then the Superintendent may exclude the offender from the City park zone in which the current violation occurred for a period not exceeding seven (7) days from the date of the exclusion notice;
2. Has been the subject of only one (1) prior exclusion notice issued within one (1) year prior to the current violation and neither the current nor the past violation was a felony violation or weapon violation, then the Superintendent shall exclude the offender from the City park zone in which the current violation occurred for a period of ninety (90) days from the date of the exclusion notice;
3. Has been the subject of two (2) or more prior exclusion notices issued within one (1) year prior to the current violation, all from the same City park zone in which the current violation occurred, or if the current violation is a felony violation or weapon violation, then the Superintendent shall exclude the offender from the City park zone in which the current violation occurred for a period of one (1) year from the date of the exclusion notice;
4. Has been the subject of two (2) prior exclusion notices within one (1) year prior to the current violation and, in combination, the current violation and those prior violations took place in two (2) or more City park zones, then the Superintendent shall exclude the offender from all City park zones for a period of one (1) year from the date of the exclusion notice.
C. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice.
D. Only the Superintendent's Hearing Officer after a hearing may rescind or shorten an exclusion notice.
E. An offender receiving an exclusion notice longer than seven (7) days may seek a hearing before the Superintendent's Hearing Officer to have the exclusion notice rescinded or the period of exclusion shortened. The request for a hearing shall be delivered to the Superintendent's Hearing Officer or postmarked no later than seven (7) days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. The hearing should occur within seven (7) days after the Superintendent's Hearing Officer receives the request for hearing. The Superintendent's Hearing Officer shall take reasonable steps to notify the offender of the date, time, and place of the hearing.
F. The Superintendent's Hearing Officer may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The Superintendent's Hearing Officer shall not issue a subpoena for the attendance of a witness at the request of the offender unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The offender shall be responsible for serving any subpoena issued at the offender;s request.
G. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The Superintendent's Hearing Officer shall consider a sworn report or a declaration under penalty of perjury as authorized by chapter 5.50 RCW, written by the individual who issued the exclusion notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The Superintendent's Hearing Officer may consider information that would not be admissible under the evidence rules in a court of law but which the Superintendent's Hearing Officer considers relevant and trustworthy.
H. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the Superintendent's Hearing Officer may shorten the duration of the exclusion. If the violation is not provided by a preponderance of the evidence, the Superintendent's Hearing Officer shall rescind the exclusion. If the Superintendent's Hearing Officer rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of Seattle Municipal Code Section 18.12.278 B.
I. The decision of the Superintendent's Hearing Officer is final. An offender seeking judicial review of the Superintendent's Hearing Officer's decision must file an application for a writ of review in the King County Superior Court within fourteen (14) days of the date of that decision.
J. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.
K. 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.
L. 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 B1 of this section can be corrected without resort to an exclusion notice.
(Ord. 127303, § 42, 2025; Ord. 118607 § 2, 1997.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT18PARE_CH18.12PACO_SUBCHAPTER_VIIUSRE_18.12.278PAEXFetched: 11/1/2026