(A) In addition to any other remedy or right of action allowed by law, ejections and exclusions from Heritage Crossing are authorized in accordance with this section. Nothing in this section shall be construed to authorize the ejection or exclusion of a person for lawfully exercising free speech rights or other rights protected by the Illinois or United States Constitutions. However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to ejection or exclusion as provided in this section.
(B) Oral Warning.
1. An authorized officer shall attempt to give a person who may be subject to ejection or exclusion under this section an oral warning and a reasonable opportunity to stop engaging in the prohibited conduct; provided, however, failure to give an actual oral warning does not nullify the effectiveness of an ejection or exclusion.
2. An authorized officer is not required to attempt to give an oral warning before issuing an ejection or exclusion where the behavior, conduct or activity constitutes one or more of the following:
(a) A felony or misdemeanor.
(b) Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm.
(C) Ejection. An authorized officer may issue an ejection to a person who engages in prohibited conduct and direct that person to immediately leave Heritage Crossing for the remainder of the day.
(D) Exclusion. An authorized officer may issue an exclusion to a person who engages in prohibited conduct and direct that person to immediately leave Heritage Crossing, subject to the following:
1. The length of exclusion shall be for thirty (30) days, unless:
(a) The person to be excluded has also been excluded previously from Heritage Crossing for any reason within three (3) years before the date of the present exclusion, then the exclusion shall be for ninety (90) days.
(b) The person to be excluded has also been excluded previously from Heritage Crossing for any reason on two (2) or more occasions within three (3) years before the date of the present exclusion, then the exclusion shall be for one hundred eighty (180) days.
2. The exclusion shall be in writing, signed by the authorized officer issuing the exclusion, and include:
(a) The date of issuance;
(b) A brief description of the prohibited conduct giving rise to the exclusion;
(c) The length of the exclusion;
(d) A statement that the person may not enter Heritage Crossing during the length of the exclusion;
(e) A statement that violation of the terms of the exclusion constitutes prohibited conduct and may lead to further exclusion from Heritage Crossing and to arrest and prosecution for criminal trespass; and
(f) A statement that any person subject to exclusion may appeal the length of the exclusion in accordance with the process set forth in section 3-24-4(D)3. of this chapter.
3. Any person subject to exclusion may appeal the length of the exclusion to the mayor. A written request for appeal, signed by the appellant, must be received by the mayor at City Hall within five (5) days of the date of issuance of the exclusion. The request for appeal must state an address and one or more telephone numbers at which the appellant may be reached. The filing of an appeal does not postpone the immediate commencement of the exclusion. If a request for appeal is received, then the mayor or his or her designee shall conduct a hearing on the appeal as follows:
(a) The mayor, within three (3) business days after receipt of the request for appeal, shall notify the appellant with the date, time and place of the hearing, which hearing date may not be less than five (5) business days after notice is given. The notice may be sent by U.S. Mail or provided by telephone.
(b) If the appellant is unable to attend the hearing as scheduled, then the appellant must contact the mayor's office at least three (3) business days before the hearing date and request that the hearing be rescheduled. The failure to contact the mayor's office is grounds for dismissal of the appeal.
(c) The hearing will be conducted at City Hall and does not need to be a public hearing. At the hearing, the appellant may give testimony in support of his or her appeal and present facts, circumstances, evidence, and witnesses to rebut the basis for the length of the exclusion. The appellant may also ask questions of any witnesses who testify in support of the length of the exclusion. Rules of evidence and procedure shall not be strictly applied. The mayor or his or her designee may examine witnesses and continue the hearing to a date certain if necessary to accommodate the scheduling of witnesses.
(d) If on the date set for hearing the appellant fails to appear or is otherwise not represented at the hearing by his or her attorney, then the appeal shall be dismissed.
(e) Within five (5) business days after the conclusion of the hearing, the mayor or his or her designee shall issue a written determination on the appeal. The mayor or his or her designee may reduce the length of the exclusion, sustain the length of the exclusion or, based on aggravating evidence presenting at the hearing, increase the length of the exclusion. The determination of the mayor or his or her designee is final. (Ord. 3169, 10-7-2019)