a. When an individual has committed a criminal act or acts, or violates any rule governing conduct upon a city-owned property, such property as, but not limited to, the Longview Public Library, city parks or recreational facilities, or other city buildings, the individual may be excluded from the property to ensure the safety and security of citizens and employees, and to provide for the peaceful enjoyment of public property.
b. A city employee charged with the supervision of a city property or any City of Longview Police Officer, is authorized to issue notice to the individual who has committed a criminal act or acts upon or in close proximity to the property, or who has violated a rule governing conduct upon city-owned property, that the individual must leave the property and not return to said property. The individual being excluded from the city-owned property must be advised which property he or she is excluded from.
c. Upon excluding an individual from city-owned property, the city employee charged with supervision of the property, or an involved City of Longview Police Officer, must notify the individual being excluded that he or she has ten (10) calendar days to appeal the exclusion by contacting the City of Longview Municipal Court Clerk to establish a time and date for a hearing before the Judge of the City of Longview Municipal Court. The city employee charged with supervision of the property, or an involved City of Longview Police Officer will also provide written notice to the individual being excluded from the city-owned property of the individual's right to a hearing. Written notice may be provided to the individual at the time of exclusion, or by mail to the individual's last known address. The individual being excluded from city-owned property may not return upon the property from which he or she is being excluded unless and until the decision to exclude the individual from city-owned property is overturned by the City of Longview Municipal Court.
d. When an individual being excluded from city-owned property requests a hearing within the prescribed ten (10) calendar day period, the Court shall set a hearing, said hearing to be held within ten (10) calendar days of receiving the request, and will immediately notify the City Attorney's Office, the city employee who excluded the individual from the city-owned property, and the individual being excluded from the city-owned property.
e. The hearing shall be conducted solely to determine if the decision to exclude the individual from city-owned property should be upheld or overturned. The Court shall provide a decision in writing upon conclusion of the hearing and the decision of the City of Longview Municipal Court shall be final. Should the Court determine that the individual excluded from the city-owned property should be permitted to return upon such property, the City of Longview Municipal Court will ensure that the Longview Police Department is notified that the individual is now permitted on the city-owned property and that all notations concerning the exclusion are removed from the Police Department computer.
f. An individual who has been excluded from city-owned property may provide a request in writing to the City of Longview Municipal Court seeking permission to return upon the city-owned property from which the individual has been excluded two years after the date of the order excluding the individual from the city-owned property. The individual must provide an affidavit stating that he or she has not entered onto the city-owned property during the past two year period and that the individual has no arrest or criminal convictions during the same period of time. The Court may then set a hearing at the Court's convenience and shall notify the City Attorney's Office, the city employee who excluded the individual from the city-owned property, and the individual who was excluded from the city-owned property and now seeks permission to return.
g. The Judge of the City of Longview Municipal Court shall determine if the individual previously excluded from city-owned property may return upon such property or if the individual shall continue to be excluded from the city-owned property. The Court shall issue a written order of its determination. An individual who is permitted to return upon the city-owned property from which he or she has been previously excluded, shall be subject to all statutes, ordinances, rules, regulation, orders and directives which apply to an individual entering upon or using said property.
h. When an individual who has been previously excluded from city-owned property is permitted to return upon such property, the City of Longview Municipal Court will ensure that the Longview Police Department is notified that the individual is now permitted on the city-owned property and that all notations concerning the exclusion are removed from the Police Department computer.
i. If an individual is subsequently excluded from any city-owned property and the exclusion is upheld by the City of Longview Municipal Court, the individual excluded from the property may not enter the property again.
j. The City of Longview City Council hereby dispenses with the requirement of establishing a culpable mental state in order to prove a violation of the chapter.
(Ord No. 3776, 8-25-11)