(A) Authority. Where the conduct of any person while within a park indicates that, during future visits to the park, the person is more likely than not to violate the provisions of this chapter or to commit a crime under the laws of this state or the United States, the Director of the Department of Recreation and Parks or designee is empowered to order the person permanently banned from the park premises for any stated period of time, up to a permanent ban.
(B) Order. The order shall be in writing, identify the person so banned, state the reasons therefor, and be signed by the Director. A copy of the order shall be delivered to the person banned in person or by certified mail. In the event that, despite diligent efforts, delivery of the written order cannot be accomplished in person or by certified mail, verbal notice of the order and its contents shall constitute delivery.
(C) Appeal. Within 30 days after delivery of an order of suspension greater than three months or banning a person from a park, the person banned shall have the right to appeal the order in writing to the Recreation and Parks Board, which shall sustain or overrule the order within 30 days after notice of appeal is received. The person banned shall thereafter have ten days in which to appeal further to the County Commissioners, which shall consider the order and sustain or overrule it within 30 days. The decision of the County Commissioners shall be final.
(D) Application for removal of ban. Following the expiration of one year after the issuance of an order banning a person from a park, and irrespective of whether the person appealed from the order, the person shall have the right to apply to the Director of the Department of Recreation and Parks for removal of the ban. The burden shall rest on the applicant to establish that the conduct upon which the order was based is not likely to recur. A refusal by the Director to remove the ban may be appealed in the same fashion as provided in division (C) above.
(Ord.2016-01, passed 5-5-2016) Penalty, see § 94.999