(A) The city police shall have the authority to eject from any park or recreation area any person violating any applicable ordinance, statute, rule, policy or provisions of this chapter. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected and that violate a specific provision of the law that would allow for exclusion.
(B) An exclusion from a park or park facilities under the provisions of this section shall be for the specified time periods following the occurrence of the following violations in a park or park facility:
(1) Seventy-two hours. A single infraction of park rules, ordinances or any violation of law will result in a 72-hour ejection from all parks;
(2) Thirty days. A second ejection from a park within the previous 12 months will result in a 30-day exclusion from all parks;
(3) Ninety days. A third ejection from the park within the previous 24 months will result in a 90-day exclusion from all parks; and
(4) One year. A fourth ejection from the park within 24 months will result in a one-year exclusion from all parks.
Exclusions cover all parks and park facilities, regardless of the location of the incident causing the exclusion notice to be issued.
(C) Written notice shall be given to any person excluded from any park or park facility under this section. The notice shall specify the date the exclusion begins and duration of the exclusion, shall identify the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal the exclusion. The exclusion notice shall be signed by the issuing employee or officer and shall also state any penalties for failure to comply.
(D) Any exclusion shall begin immediately upon the issuance of the ejection/exclusion notice and end at 5:30 a.m. on the day following the end of the exclusion.
(E) Within ten days, a person receiving a notice of ejection/exclusion may appeal the exclusion in writing to the Chief of Police, as applicable, for a waiver or modification of the exclusion for good cause. Upon review by the Chief of Police or designee, the exclusion shall be upheld if the exclusion notice includes information indicating that more likely than not, the person committed the violation and if the exclusion is otherwise in accordance with the law. The Chief of Police or designee shall have authority to modify the terms of the exclusion for good cause. The decision of the Chief of Police or designee shall be final.
(F) The Police Department will maintain an accurate database of those persons excluded from the parks and other park facilities.
(G) No person subject to the exclusion notice shall enter or remain in any park or park facility at any time during the period indicated by the exclusion notice. Violation of this section may be charged as an infraction for the first violation and as a misdemeanor for subsequent violations of the same exclusion notice.
(`61 Code, § 14A.15) (Ord. 403, passed 8-15-1961; Am. Ord. 1058, passed 8-4-2020; Am. Ord. 1066, passed 6-21-2022)