(A) Except as provided in division (G) of this section, an individual is subject to immediate exclusion from city property if that individual is observed to be engaged in prohibited conduct.
(B) The City Manager, any City of Rockaway Beach police officer, and any other peace officer have the authority to exclude individuals from city property in accordance with this chapter.
(C) An individual who engages in prohibited conduct on city property in violation of this chapter may be excluded from the particular city property on which the individual engaged in prohibited conduct for a period of up to 180 days (exclusion period).
(D) The exclusion period shall be as follows:
(1) If the individual to be excluded has not been excluded from any city property within the last 30 days, the exclusion period shall be for 30 days.
(2) If the individual to be excluded has been excluded at any time from city property within in the last 30 days, the exclusion period shall be for 90 days.
(3) If the individual to be excluded has been excluded more than once from city property within the last 120 days, the exclusion shall be for 180 days.
(E) Except as provided in division (F) of this section, during the exclusion period, a person excluded from specific city property pursuant to this chapter may not enter or remain upon that specific city property during the exclusion period. If the individual is excluded from any city-owned park property, the individual shall be excluded from all city parks within the City of Rockaway Beach during the exclusion period.
(F) During the exclusion period, the individual who has been excluded may, with prior notice to and approval from the City Manager, enter onto the city property from which the individual has been excluded, to conduct necessary official business.
(G) Individuals will be given a warning and a reasonable opportunity to comply with the law or rule before an exclusion notice is issued. However, an individual will not be given a warning if the prohibited conduct on which the exclusion is based includes any of the following:
(1) Conduct punishable as a felony;
(2) Controlled substances or alcoholic beverages offenses;
(3) Actions actually or likely to result in personal injury or property damage;
(4) Violation of laws concerning the unlawful possession of firearms, unlawful carrying concealed weapon or felon in possession of a restricted weapon; or
(5) If the individual was previously warned, cited or excluded for the same conduct on city property.
(H) All exclusion notices shall be in writing, and shall include the following information:
(1) The signature of the issuing party and date of issuance;
(2) The effective dates of the exclusion period;
(3) The specific city property from which the person is excluded;
(4) A description of the prohibited conduct that forms the basis of the exclusion;
(5) A statement of the consequences of failure to comply with the exclusion; and
(6) The process for appealing the exclusion.
(I) This chapter does not authorize exclusion of a person lawfully exercising free speech rights or other rights protected by state or federal law on city property.
(J) The exclusion notice shall be personally served on the individual. Service of the exclusion notice is deemed to have occurred on the date of personal service.
(K) The exclusion notice will be kept on file by the City Manager.
(L) The exclusion will remain in effect for the period of time specified in the notice unless modified or rescinded due to an appeal.
(M) Except as provided in division (F) of this section, if an individual who receives a notice of exclusion enters onto or remains upon city property from which he or she has been excluded, the individual is subject to immediate arrest for criminal trespass.
(Ord. 19-437, passed 10-9-2019)