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(A) The Recreation Programs Administrator of the city or authorized designee, and the Ocean Rescue Supervisor of the city are hereby given authority to:
(1) Evict any person committing an offense or any unlawful act on a municipal recreational facility or municipal beach or adjacent areas including but not limited to, violations of §§ 98.02 - 98.05. Any fees paid for the use of said recreational facilities shall not be refunded in whole or in part to any person who is evicted from any such facility. Failure to vacate a municipal recreational facility when directed to do so by an authorized person shall constitute a trespass pursuant to § 98.05; and
(2) Suspend bathing when conditions such as rip currents, man-o-wars or other hazards create a danger to life.
(B) The Recreation Programs Administrator or his or her designee, and the Ocean Rescue Supervisor may suspend play at any municipal recreational facility due to inclement weather, when dangerous conditions exist, or under circumstances for the protection of said facility or of any persons thereon. Failure to vacate a municipal recreational facility when directed to do so by an authorized person shall constitute a trespass pursuant to § 98.05.
(C) In addition to other provisions set forth in this chapter which are applicable to specific recreational facilities:
(1) The Recreation Programs Administrator or authorized designee, and Ocean Rescue Supervisor may suspend a person’s right to enter the municipal beach or any other municipal recreational facility, and also their playing privileges, for any person who:
(a) has been arrested for committing an offense or unlawful act on a municipal recreational facility, or
(b) has falsified any information on an application submitted to the city including, but not limited to, rental or activity registration application, or
(c) has falsified one’s identity to the Recreation Programs Administrator or staff, or
(d) has been evicted or given a trespass warning pursuant to any of the provisions contained in subsection (A) above, or
(e) has committed an additional offense or unlawful act under this section following completion of a 12 month suspension, whereupon a permanent suspension may be imposed. All notice and appeal provisions as set forth herein shall apply.
(2) Suspensions pursuant to subsections (a) through (d) above may be for a period of up to six months, or up to 12 months if the person has previously been suspended from any city recreational facility under this chapter.
(3) In addition, any person who commits an offense or unlawful act in a city recreational facility involving violence or engages in conduct demonstrating a hazard to other patrons may be suspended from any or all city recreational facilities for up to 12 months, or permanently upon conviction by any court for the commission of said act. For purposes of this section, "conviction," shall mean entry of a plea of guilty or nolo contendere or a finding of guilty at trial, all regardless of an adjudication of guilt by the court.
(4) Notice of the suspension shall be in writing and provided by certified mail or by hand-delivery, and shall contain information referencing the procedure for appeal of the suspension. Any fees paid for use of any facility during the suspension period shall not be refunded.
(5) Any suspension may be appealed by filing a written request for a hearing with the City Manager within seven days after notice of the suspension is received. The City Manager shall hold a hearing within seven days or as close to thereto as possible after receipt of the request for the hearing. At the hearing the City Manager shall hear testimony of any relevant witnesses, and shall review all relevant evidence for the city and the appellant. The City Manager may uphold, revoke or modify the suspension. Said suspension shall remain in full effect during the appeal period.
(6) It shall be unlawful for any person to enter upon or utilize a municipal recreational facility while under suspension, while any such suspension is under appeal, or after said suspension is upheld on appeal by the City Manager. Any such conduct shall constitute a trespass pursuant to § 98.05.
(D) (1) The City Manager, the Chief of the City's Law Enforcement Agency, the Recreation Program Administrator, or their designee shall have the authority to close, order patrons to vacate, or to deny additional entry of patrons into any city park or recreational facility when it has been determined that the park or recreational facility is overburdened by current occupancy, or when the parking capacity has been exceeded, or whenever it becomes necessary for the protection of the health, safety and welfare of park patrons or the surrounding community.
(2) For purposes of this section, the determination as to whether a city park or recreational facility is "overburdened" shall take into consideration the number of persons in a facility along with such factors as the size of the facility, its capacity to adequately hold or host the reserving persons without interfering or preventing others from utilizing the facility for its intended use; the availability of sanitary facilities including restrooms; availability of parking facilities; the need for crowd control, parking control and standby emergency medical services for the number of people occupying the facility; and the potential interference to response of emergency services to persons and properties in the immediate vicinity of the park or recreational facility due to impeded roadway access.
(‘58 Code, § 33.041) (Ord. 713, passed 7-28-59; Am. Ord. 2003-14, passed 11-12-02; Am. Ord. 2012-12, passed 11-22-11; Am. Ord. 2014-27, passed 2-25-14; Am. Ord. 2019-24, passed 1-22-19)