(A) Exclusion.
(1) Any person engaging in conduct deemed to be disorderly conduct in either the first or second degree, as defined by state statute, while on or in a city facility or in violation of any rule of conduct adopted by the City Council relative to the use of that city facility shall be subject to exclusion therefrom for a period of up to 90 consecutive days.
(2) As used in division (A)(1) above, CITY FACILITY is the same thing as “park, community buildings and recreation area”, as that phrase is defined in § 132.02 of this code of ordinances.
(Prior Code, § 4.35.010)
(B) Authority to issue notice of exclusion; contents of notice.
(1) The Police Chief and/or City Manager are authorized to issue exclusion notices to individuals for conduct identified in division (A) above. Either the Police Chief or City Manager may authorize other municipal personnel to issue exclusion notices consistent herewith. In addition, the Police Chief shall have the ability to authorize law enforcement personnel other than that employed by the city to enforce the terms of this section.
(2) The exclusion notice shall:
(a) Succinctly describe the nature of the conduct giving rise to the exclusion;
(b) Cite the appropriate provision of state law or city rule that the conduct violates;
(c) The duration of the exclusion; and
(d) The date the exclusion commences.
(3) The notice shall also describe the right to appeal provided in division (C) below.
(Prior Code, § 4.35.020)
(C) Right to appeal.
(1) The individual to whom an exclusion notice is issued shall have the right to appeal issuance of the exclusion notice. The appeal, to be effective, shall be in writing and filed within five calendar days of the notice’s issuance. It shall be filed with either the office of either the City Manager or Police Chief and contain the following information:
(a) Appellant’s name;
(b) His or her address and a telephone number where he or she can be reached;
(c) A concise statement as to why issuance of the exclusion notice was in error; and
(d) Attach a copy of the notice of exclusion appealed from.
(2) A hearing on the appeal shall be had before a judge of the justice court with the hearing taking place no more than ten calendar days after the filing of the appeal, except in the event the court determines otherwise.
(3) The city has the burden to show, by a preponderance of evidence, that the exclusion is based on conduct described in division (A) above.
(4) In the event no appeal is properly and timely filed, then the exclusion shall continue for the period set out in the notice, but shall not exceed 90 days. In the event a person found in or on the property from which he or she were validly excluded, that person shall be subject to arrest for criminal trespass.
(Prior Code, § 4.35.030)
(D) Variances. Variances from the exclusion may be granted at any time during the exclusion period by either the Police Chief or City Manager in the event the individual subject to the exclusion has a reason deemed acceptable either by the City Manager or Police Chief for being on or in the city facility. The Police Chief or City Manager may limit access to the city facility to a specific time period and location.
(Prior Code, § 4.35.040) (Ord. 411, passed 11-19-2012)