1. Violates any provisions within this chapter;

2. Violates any park rule adopted by the director; or

3. Violates any provision of the Vancouver Municipal Code, or any provision of the 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 director, or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.

1. Shall be no greater than seven (7) days if the offender has not been excluded from any park within one year prior to the violation.

2. Shall be no greater than thirty (30) days if the offender has been excluded from any park only one time within one year prior to the violation.

3. Shall be no greater than one (1) year if the offender has been excluded from any park more than one time within one year prior to the violation.

1. An offender receiving an exclusion notice longer than seven (7) days may seek a hearing before the Hearing Officer to have the exclusion notice rescinded or the period of exclusion shortened. The request for a hearing shall be delivered to the 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 Hearing Officer receives the request for hearing. The Hearing Officer shall take reasonable steps to notify the offender of the date, time, and place of the hearing.

2. The Hearing Officer may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The 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.

3. 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 Hearing Officer shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, 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 Hearing Officer may consider information that would not be admissible under the evidence rules in a court of law but which the Hearing Officer considers relevant and trustworthy.

4. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the Hearing Officer may shorten the duration of the exclusion. If the violation is not provided by a preponderance of the evidence, the Hearing Officer shall rescind the exclusion. If the Hearing Officer rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of this Chapter.

5. The decision of the Hearing Officer is final. An offender seeking judicial review of the Hearing Officer's decision must file an application for a writ of review in the Clark County Superior Court within fourteen (14) days of the date of that decision.