MOSES LAKE - Moses Lake is banning most sex offenders from using the city pool.

The city council unanimously passed a resolution banning level two and level three sex offenders from entering the Surf 'n Slide Water Park. A state law allowed the city to decide whether to pass the resolution.

The level two and three offenders present a moderate or high risk to re-offend, according to the Washington Association of Sheriffs and Police Chiefs. 

"The City of Yakima recently adopted a policy by resolution prohibiting level two and three sex offenders from entering Yakima's swimming facilities," City Manager Joe Gavinski wrote. "Councilman Bill Ecret requested that this resolution be presented to the city council for consideration."

Before the resolution goes into effect, notice has to be given to the about 20 level two and three sex offenders living in or around the city, Gavinski wrote in city documents.

"We would, I think, be the second city in the State of Washington to adopt such a policy if the council does so," Gavinski said. "According to (Parks and Recreation Director Spencer Grigg) they do some checking now, but don't have the ability to prohibit people from entering the facility."

The city manager continued, saying staff knows the level two and three sex offenders because of a registry kept by Grant County.

"We would rely upon that registry in order to do our checking," he said. "So there is some effort that is done now, but not to the level of actually being able to prohibit, and if you did prohibit and somebody did enter, and they wouldn't leave, then you would have a criminal trespass situation."

Responding to a question from Councilmember Karen Liebrecht, Grigg said the front counter staff and managers monitor when a sex offender comes into the water park now. Monitoring their actions has become a little cumbersome and worrisome.

"We print out that registry from the sheriff's office and our front counter personnel, as well as our managers, are familiar with those photographs," he said. "On occasion, we have observed some of those people coming into the facility, down at Surf 'n Slide Water Park."

Councilmember David Curnel asked why the state didn't go the next step, preventing sex offenders from entering facilities such as the pool.

"It says it authorizes us to do this," he said. 

Gavinski said he didn't have an answer. 

"I think they would still have to rely on your local jurisdiction in order to provide the administrative enforcement of that, because there is no state agency that is going to be out there," he said.

Ecret felt the policy change is a great tool to be able to boast the city has some of the best park facilities and facilities for the youth.

"This is just another tool we can use to make sure that they're safe as well," he said. 

Councilmember Dick Deane said the change reinforces what the community is trying to do.

"We want our community as safe as we can possibly make it," he said. "We will protect our children, and that's what this states ... This is positive and the people who will be affected, selected themselves to be put on that list. We have nothing to do with that. We have to protect our own."

Mayor Jon Lane questioned why other cities haven't adopted similar policies, noting he didn't want to oppose the resolution.

"I don't want any more regulations or rules than we absolutely have to have," he said. "I think, in effect, Spencer and his staff are doing what they need to do, but, I guess, if they felt this is a tool that they need then I certainly will support it."