A. The Council finds that disorderly conduct in a public/park recreation areas that is dangerous, harmful, offensive, disruptive, or that is a public nuisance obstructs or interferes with the enjoyment of the park and negatively impacts the community and should be prevented through suspensions of the privilege of enjoying the city’s public parks/recreation areas.
B. The City Manager or designee is hereby authorized to suspend the individual committing the following offenses from utilizing park areas for a period of up to twelve (12) months:
1. Unlawful possession of a controlled substance or illegal drug paraphernalia in a public park/recreation area; (as set forth in Division 10 of the California Health and Safety Code).
2. Possession of a deadly weapon (as set forth in Part 6 of the California Penal Code) in a public park/recreation area.
3. Commission or solicitation of an act of prostitution in a public park/recreation area (as set forth in Chapter 2.5 of Division 15 of Title 1 of the California Penal Code).
4. Commission of an act of criminal assault or battery (as set forth in Chapter 9 of Division 8 of Title 1 of the California Penal Code) on another person in a public park/recreation area.
5. Commission of an act of vandalism in a public park/recreation area (as defined by California Penal Code Section 594).
6. Commission of an act of indecent exposure in a public park/recreation area (as defined by California Penal Code Section 314).
7. Commission of any other violation of the Visalia Municipal Code or state law on three (3) separate occasions within a thirty (30) day period within a park or park area.
C. The City Manager or designee shall make the determination to impose a suspension pursuant to this section on the basis of substantial evidence. A record of arrest or citation for any of the above qualifying acts or violations, regardless of whether a conviction has resulted, may be considered substantial evidence sufficient to support a suspension under this section. The City Manager or designee shall consider any other relevant evidence available.
D. In imposing a suspension pursuant to this section, the City Manager or designee shall provide notice of suspension, by serving written notice on the person receiving the suspension in a manner permitted by Visalia Municipal Code Section 1.13.070. Persons receiving notice of suspension may request an administrative appeal hearing as described in Visalia Municipal Code Section 1.13.080 within ten (10) days of receiving notice of suspension. The suspension shall not be stayed pending the appeal process. At the hearing the rules applicable to administrative hearings under the Visalia Municipal shall apply. The individual may present evidence to demonstrate why the suspension should not be issued, which, may include but is not limited to: questioning witnesses; providing evidence showing the underlying acts did not occur; or providing evidence as to why the underlying acts were not dangerous, harmful, offensive, disruptive, or otherwise constitute a public nuisance. The hearing officer shall have the authority to uphold any issued suspension, reverse the suspension, or reduce the term of any suspension.
E. Suspended persons are not allowed by the city to use public park/recreation areas during the term of suspension or to obtain a permit for the use of public park/recreation areas from the city. Violators may be cited for a violation of this section and must immediately leave the public park/recreation area. (Ord. 2019-07 § 2, 2019: Ord. 2014-10 § 3, 2014)