(A) A person is subject to immediate ban and bar from a city-owned building or property, including city parks, if that person is observed to violate any city ordinance, city policy or state law, or engage in conduct that places other persons or property in imminent threat of danger or harm. The ban and bar need not be based upon a criminal charge or conviction. The ban and bar may be based upon the observations of a police officer or upon the observations of a city employee in connection with their duties.
(B) A person is subject to removal from a city-owned building or property including city parks, if said person is disrupting or disturbing a city function, recreational activity or private citizen. Removal may be based upon observations of any city employee in connection with their duties.
(C) The removal issued under this policy shall not be for less than one business day and not more than five business days.
(D) The ban and bar issued under this policy shall be 30 days. If the person to be banned has been banned at any time within the last two years before the date of the present ban and bar, the ban and bar shall be for 90 days. If the person to be banned has been banned on two or more occasions within two years to the date of the present, the ban and bar shall be for 180 days.
(E) At any time within the ban and bar period, a person subject to ban and bar order may apply in writing, to the Mayor, for a temporary waiver from the effects of the ban and bar order for good cause shown. In the exercising discretion under this provision, the Mayor shall consider the seriousness of the violation for which the person has been banned, the particular need of the person to obtain a waiver and any other criteria the Mayor determines to be relevant to the determination of whether or not to grant a waiver. The decision of the Mayor to grant or deny a waiver, in whole or in part, is committed to the discretion of the Mayor, shall be in writing and is final.
(F) All ban and bar orders shall be in writing, state the basis for the order and include information on the appeal process. The order shall be served personally or mailed to the person by certified mail if a mailing address is available.
(G) The ban and bar will be recorded and kept on file by the issuing department during the term of the ban. A copy of the ban and bar notice will be sent to the Police Department.
(H) The ban will remain in effect for the specified period unless it is modified or rescinded due to an appeal.
(I) If a person who received a ban and bar remains or returns to exclude properties without compliance with subsection (D) above, that person is a trespasser and may be subject to arrest on criminal trespass charges per Neb. RS 28-521.
(Ord. 972, passed 9-6-2023)