(a) For purposes of this section, the following definitions apply:
(1) "Expulsion notice" constitutes an administrative citation pursuant to Chapter 1.12 of this code.
(2) "Repeat violator" means an individual who has been arrested, cited, ejected, or expelled as a violator of this chapter within thirty (30) days of a previous arrest, citation, ejection, or expulsion as a violator of this chapter.
(3) "Violator" means an individual who has violated any of the provisions of this chapter or any other law, ordinance, or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of parks or recreational areas, or of public places in general, in the city.
(b) Power and authority is hereby given to the city manager and the city manager's authorized representatives, in their discretion, to eject and expel from the parks or recreational areas or building thereon, any violator. In addition to his or her ordinary powers of arrest or citation, any peace officer enforcing any law or regulation shall be authorized, in his or her discretion, to eject and expel the violator. No person being ejected or expelled pursuant to the authority of this subsection shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by the city manager, or by an authorized representative thereof.
(c) In addition to the other powers and authorities in this section, any peace officer, in addition to his or her ordinary powers of arrest or citation, who is enforcing any law or regulation, shall be authorized, in his or her discretion, to eject and expel a violator or repeat violator. The ejection and expulsion of a violator shall be accompanied by service of an expulsion notice that may include a one hundred dollar ($100) administrative fine for the initial violation, which shall be paid by the violator. The ejection and expulsion of a repeat violator shall be accompanied by service of an expulsion notice that may include a two hundred dollar ($200) administrative fine for each subsequent violation, which shall be paid by the repeat violator, and may expel the repeat violator from the same park, recreation area or building, for a period of up to one (1) calendar year. No person being ejected or expelled pursuant to the authority of this subsection as a violator or repeat violator shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by the city manager or by an authorized representative thereof. Furthermore, no person being ejected or expelled as a repeat violator may return to the same park, recreation area or building, for the period specified in the repeat violator's expulsion notice, unless the period is modified by administrative action pursuant to a timely contesting of the expulsion notice.
(d) Any person receiving an expulsion notice pursuant to this subsection may contest the expulsion or fine, or both, before an independent hearing officer selected by the city manager or his or her designee. The formal rules of evidence and discovery will not apply, and each party shall have the opportunity to present evidence in support of his or her case. The city bears the burden of proof at an administrative hearing to establish a violation of the city code. The expulsion notice and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The independent hearing officer must use preponderance of evidence as the standard of evidence in deciding the issues. No later than thirty (30) days after the date on which the administrative hearing concludes, the independent hearing officer shall issue a written decision to uphold or cancel the expulsion notice. The independent hearing officer shall set forth the reasons for the decision, and the independent hearing officer's written decision shall be final. (Ord. 974 § 3, 2021)