In addition to all other duties and authority granted to the Superintendent of City Parks, he or she shall have the authority to ban individuals from any and all City Park property pursuant to the terms of this Section as set out below.
(a) The Salem Superintendent of City Parks, or his authorized designee may ban individuals from any and all City Park property for conduct that includes but is not limited to, violations of Codified Ordinance Section 509.02
, 509.03
, 509.08
, 523.07
, 955.04
, and for any other conduct occurring on park property that is disruptive to other individuals or the community.
(b) At such time as the Superintendent of City Parks, or his authorized designee determines that an individual shall be banned from City Park property, he or she shall notify that person so banned directly in person or by regular U.S. mail with certificate of mailing at such person's last known address. Such person shall be banned from any and all Salem City Park property beginning immediately upon the oral notice from the Superintendent of City Parks, or his authorized designee or written notice by U.S. Mail with certificate of mailing, whichever comes first, and shall be for a period of one (1) year subject to the following provisions:
(1) Any person who is banned in person from Park property by the Superintendent of City Parks, or his authorized designee shall identify themselves and provide a valid address so that they can receive a written notice of their ban from Park property and the procedure to appeal the ban to the City of Salem Parks Commission. Any person who is notified in person by the Superintendent of City Parks, or his authorized designee that they are banned from Park property who refuses to identify themselves and their address, expressly waives their right to receive written notice of the ban and their ability to appeal.
(2) The Superintendent of City Parks, or his authorized designee at the time a person is notified that they are banned from Parks property, either in person or through certificate of mailing, shall notify them that if they return to any Salem City Parks property that they will be subject to the filing of a criminal charge for criminal trespass for entering onto Parks property pursuant to Salem City Ordinance 541.05
and/or Ohio Revised Code Section 2911.21 at the discretion of the charging officer.
(3) The one (1) year ban may be revoked or reduced by the Salem Superintendent of City Parks in writing at any time at the Superintendent's discretion.
(4) Any person banned by the Salem Superintendent of City Parks, or his authorized designee pursuant to this Section may file an appeal, with the Salem City Parks Commission by written notice requesting an appeal hearing. Such notice shall be sent or delivered to the Salem City Parks Commission at the address kept on file with the Salem City Administrative Assistant currently being 785 E. State Street, Salem, OH 44460 on or before the thirtieth (30th) day after the individual was banned from Park property.
(5) If the Salem City Parks Commission receives a timely appeal of an individual's ban from Salem City Parks property, they shall conduct a hearing on the matter, which may occur at their regularly scheduled meeting, within thirty (30) days of receipt of the appeal wherein they shall listen to any presentation or information submitted by the banned person and any presentation or information submitted by the Superintendent of City Parks and/or his authorized designee. Whereafter they shall make a determination as to whether or not the ban was justified and proper. Further, the Commission shall have the authority to increase or decrease the length of the individual's ban from Parks property as they deem proper and appropriate. Notice of the hearing shall be sent to the person appealing the ban by U.S. Mail with certificate of mailing to the address provided in their appeal.
(6) The Superintendent of City Parks shall notify the Parks Commission of any and all individuals who have been banned from Park property including the date on which they were banned at the next scheduled Parks meeting.
(7) The Superintendent of Parks, or his authorized designee is authorized to use photographic evidence to identify individuals who fail or refuse to identify themselves and/or provide any identifying information.
(Ord. 180501-35. Passed 5-15-18.)