Talaris New "No Trespassing Signs" Could Result In Fine Or Jail Time For Neighbors



New sign at Talaris

Many Laurelhurst residents, who have enjoyed Talaris over many years (4000 NE 41st Street), were shocked by the new "No Trespassing" signs installed yesterday on the property. 

One neighbor wrote:

I have been watching today, Wednesday (yesterday) from my desk as a car has driven the length of the lawn across the street from me. that wonderful strip that the kids play soccer on?

A guy got out of the car (which remained parked on the grass) and measured and taped it all off there as though there is going to be a FENCE put up along 41st street.  There are also no trespassing signs on trees.

Can they DO this?  I thought that there was something in the Settlement Agreement that allowed for this neighborhood use of the green strip along 41st, and also for neighbors to walk on the property?   There are kids out there with their coach now.  Will they all just show up one day and find that they have no place to practice?

Why would they do this?

Nathan, a Talaris representative, told the Blog Staff:

The property is privately owned and maintained and is for the use of tenants and invited guests only. It is not a public park. The language and code citation is standard recommendation from the City of Seattle, see http://www.seattle.gov/police/prevention/business/trespass.htm.

The Blog Staff looked up this link and the subject is Criminal Trespassing Program.

The information says:

The intent of the new program, like the old program, is to assist property owners in addressing crime occurring on their property. The new program will also provide uniform agreements and signage for property owners that will help ensure that arrests under this program lead to successful prosecution.
 

Here are some of the policies included in the program:

• Any person that is then found to be in violation of the posted conditions will be subject to receipt of a Trespass Warning in addition to any other enforcement actions that may be warranted by the violation.
• Once a person has received a Trespass Warning, they will be subject to immediate arrest if they are found again at that address in violation of the Conditions of Entry. The Trespass Warnings do not expire, unlike the 1 year time period under the admonishment program.
• Officers will no longer issue admonishments. However, a business owner may issue an admonishment for any time frame they determine.

A sign that can be dowloaded from the site to post as part of the program says:

• No entry after business hours with permission of  owner.
• Violation of any of these conditions may subject the violator to arrest and prosecution for criminal trespass pursuant to SMC12A.08.040, RCW9A52.070 and RCW9A52.080.

Here is some additional information about the program:

• Criminal trespass can occur when people come onto property when they are not allowed to be there at all, or it might occur when people violate the conditions of entry onto property. In general, conditions of entry are the terms and conditions under which members of the general public may enter onto private property.
• Once someone is notified about the conditions of entry and is warned they have violated those conditions, the warning does not expire.
• Individuals who receive notice of the conditions of entry, either by a sign, writing, or orally by someone with the authority to control the conditions of entry, and then subsequently violate those conditions of entry may be arrested for criminal trespass. Typically, however, violators are first warned that they have violated the conditions of entry or that their privilege to be on the property has been revoked, and they are given a chance to leave before being arrested. If they continue to violate the conditions of entry or refuse to leave when asked, they may be arrested for criminal trespass.

Here is information on these specific City codes:

12A.08.040 Criminal trespass (gross misdemeanors)

First degree (inside a building):
 A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. The maximum penalty is 364 days in jail and a $5,000 fine.

Second degree (outside a building):
 A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. The maximum penalty is 90 days in jail and a $1,000 fine.

RCW 9A.52.070 Criminal trespass in the first degree
A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.  Criminal trespass in the first degree is a gross misdemeanor.

RCW 9A.52.080 Criminal trespass in the second degree

A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. We have received numerous emails about this new sign from nearby neighbors, including these ones: I have lived in the neighborhood for over 40 years as have many of my neighbors and friends in Laurelhurst, and we were recently harshly greeted by a new sign at Talaris. We are disappointed Talaris is suddenly treating its neighbors this way. Are they trying to get back at our neighborhood about the re-development not going their way? Now neighbors are looked at and treated as potential criminals? For decades and decades the owners have allowed access to the property, because of their commitment to the neighborhood and their recongnition that neighbors treasure the site. I walk through Talaris on my way home from work and am in utter shock about the new sign. We are trying to be neighborly and work with Talaris in the upcoming re-development and in the meantime they say we are now trespassers on their property? That doesn't add up. Neighbors have appreciated and treasured the wonderful relationship with the Batelle/Talaris property over the years and don't understand why this is being done. Maybe all in the name of money or perhaps fear of losing money over the re-development? Certainly not in the name of being neighborly and collaborating as partners and neighbors, in the same tradition long-time neighbors are used to. Talaris acts as if they are an isolated property in the neighborhood, rather than integral as it has always been. First Talaris refuses to protect the eagles until neighbors say something and talk to the owner, then Nathan unwillingly puts up a "No Dog" sign, but conducts himself most unpleasantly with nearby neighbors. Thankfully one neighbor built a perch so that the eaglets could fly. We hope we don't ever have to deal with Nathan's immature and disrespectful way handling of neighborhood issues again. Since the Battelle Memorial Institute came to Laurelhurst decades ago, owners have consistently been good neighbors welcoming residents to enjoy the beauty and majesty of the site. Now we will receive a $1000 fine and/or 90 days in jail if we set foot on Talaris? Unbelievable!   .