Fort Walton Beach Ordinance — 2186--Creating COO Sections 9.13, 9.14, 9.15 RE Trespassing on City Property — reading text

IREADINa DATE 1st eVITIM 2nd gals ORDINANCE 2186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; CREATING SECTION 9. 13 OF THE CODE OF ORDINANCES, TITLED CONTROL OF ACCESS TO CITY FACILITIES; FACILITY RULES; TRESPASS WARNINGS AND CRIMINAL PENALTIES; CREATING SECTION 9. 14 OF THE CODE OF ORDINANCES, TITLED APPEALS OF TRESPASS WARNINGS; CREATING SECTION 9. 15 OF THE CODE OF ORDINANCES, TITLED DURATION OF TRESPASS WARNINGS ISSUED FOR VIOLATION OF CITY ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the City of Fort Walton Beach, Florida (" City") owns, leases, and manages buildings, facilities, and the grounds thereof and other properties ( collectively herein referred to as " City Facilities") that are open to the public; and WHEREAS, the City Council of the City of Fort Walton Beach, Florida(" City Council") may lawfully designate the degree of public access within City Facilities according to the purpose and use of areas within such property; and WHEREAS, the City Council seeks to maintain a safe and orderly environment on City Facilities which is conducive to the designated use of the areas within such City property and to the efficient rendering of public services; and WHEREAS, the City Council seeks to discourage and prevent behavior on City Facilities which interferes with the designated use of the areas within such City property; WHEREAS, the City Council desires to promote behavior at City Facilities that supports the proper use of its facilities by the public, the protection and preservation of City Facilities, and the health and safety of visitors and City Staff at City Facilities; and WHEREAS, the City Council finds it necessary in the interests of public health and safety to prohibit use of City Facilities in a manner which poses an unreasonable risk of harm to both visitors and City Staff being able to utilize City Facilities safely and expeditiously; and WHEREAS, the City Council has a compelling interest in promoting the health, safety and security of citizens and visitors by regulating potentially hazardous conditions at City Facilities; and WHEREAS, the City Council recognizes that the City has a compelling interest in ensuring that City Staff and visitors at City Facilities have minimum unobstructed access to City Facilities; and  WHEREAS, the City Council seeks to maintain a safe, orderly, and pleasant environment at City Facilities; and WHEREAS, the City Council desires to establish facility rules applicable to City Facilities; and WHEREAS, the City Council desires to foster an environment for City Staff to perform their jobs at City Facilities without the fear of being video or audio recorded by members of the public without the consent of the City Staff; and WHEREAS, the City Council recognizes that some City Facilities may at times be designated public forums or limited designated forums, and the City Council further recognizes that the public has certain constitutionally protected rights within designated public forums and limited designated forums, but that such rights may be subject to reasonable regulation; and WHEREAS, Florida law authorizes the City staff and City of Fort Walton Beach Police Department (" FWBPD") to warn an individual violating the City Code of Ordinances, a City Facility rule, or any Florida law that the individual must leave the City property and not return to the City property for one( 1) year; and WHEREAS, Florida law further authorizes the FWBPD to arrest the individual for trespass if the individual does return to City Facilities after being properly warned; and WHEREAS, the City Council desires to provide consistency and uniformity when an individual is trespassed from City Facilities, and to formalize the process for the City Staff and FWBPD to issue trespass warnings at City Facilities; and WHEREAS, pursuant to Sheets v. City ofPunta Gorda, 415 F. Supp. 3d 1115, 1122- 26 M.D. Fla. 2019), similar verbiage to that found in this Ordinance has been held to be constitutional; WHEREAS, the City Council seeks to create an appeals process for trespassing warnings that provides the requisite due process of law; WHEREAS, the City Council has determined that it is in the public interest to create Code of Ordinances, City of Fort Walton Beach, Florida, Section 9. 13 titled Control of Access to City Facilities; Appeals of Trespassing Warnings; Facility Rules; Trespass Warning Violations and Criminal Penalties, and to create Code of Ordinances, City of Fort Walton Beach, Florida, Section 9. 14 titled Appeals of Trespass Warnings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent.  The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166.021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. Section 2. Creation of Code of Ordinances, City of Fort Walton Beach, Florida, Section 9. 13 titled Control of Access to City Facilities; City Facility Rules; Trespass Warning Violations and Criminal Penalties, and Section 9. 14 Appeals of Trespassing Warnings are hereby created with additions underlined. 9. 13 Control of Access to City Facilities; City Facility Rules; Trespass Warning Violations and Criminal Penalties. 9. 13. 01 Defmitions. a) City Facility or City Facilities. For the purposes of this section. the terms " City Facility" or " City Facilities" include the non-public portions of City Hall, City Council Chambers ( except as provided below), non-public portions of Police Stations, non-public portions of Fire Stations, non-public portions of Facilities Maintenance buildings, and all employee-only portions of any offices or buildings of the City of Fort Walton Beach regardless of location. i). Exceptions. The term " City Facilities" expressly excludes all parking lots, golf courses, recreation centers, civic centers, parks, rights- of-way, sports fields, senior centers, libraries, and museums, except for any employees- only areas located on or within these excluded facilities. Additionally, City Council Chambers, or other rooms hosting public meetings, are excluded from the definition of" City Facilities" when used for public meetings, including but not limited to City Council meetings. City Council workshops, Local Planning Agency ( LPA) meetings, Code Enforcement Board meetings, and Special Magistrate hearings. b) Law Enforcement. Law Enforcement for this section is defined as follows: sworn law enforcement officers of the City of Fort Walton Beach Police Department, or any sworn law enforcement officers from other law enforcement agencies that are present on City Facilities and engaged in Law Enforcement Activities within the jurisdictional powers of the other law enforcement agency. c) Law Enforcement Activities. Law Enforcement Activities for this section are defined as all actions, operations, and engagements undertaken by on-duty law enforcement officers or law enforcement agencies in the execution of their legal authority to maintain public safety, prevent and investigate crimes, apprehend offenders, and enforce laws. This definition encompasses, but is not limited to, patrol operations, criminal investigations, traffic enforcement,, public safety response, emergency management. and the execution of warrants. Excluded from this definition are activities that are ministerial or administrative in nature, duties performed while off-duty that do not invoke the officer's legal authority, and any actions not related to the enforcement of laws or maintenance of public order.  9. 13. 02 General. a) The City Council Chambers and conference rooms in any City Facilities are hereby declared to be nonpublic forums unless or until a public meeting is convened in such areas pursuant to public notice. b) All City Staff work areas, which are designated by appropriate signage as work areas, shall be considered as nonpublic forums. Members of the public are prohibited from entering City Staff work areas without being escorted by a member of City Staff. c) All other areas of City Facilities are hereby designated as limited public forums and only members of the public who are present to engage in legitimate public business with City officers or City Staff shall be authorized. It shall be a violation of this Ordinance to be within a nonpublic forum or a limited public forum without authorization. Unauthorized persons found by the City Manager or his designee to be within a nonpublic forum or a limited public forum and who refuse to leave the premises upon request, shall be considered a trespasser. Law Enforcement, at its option, or at the request of the City Manager or City Manager's designees, may issue a trespass warning notice for this conduct. d) Except within the City Council Chambers, conference rooms, and other locations in which a public meetingis being conducted pursuant to a public notice, it shall be unlawful and a violation of this Ordinance, to record video and/ or audio within City Facilities, without the consent of all persons whose voice or image is being recorded. 1) This prohibition shall not apply to any Law Enforcement Activities. In addition to being a violation of this Ordinance, if anyone who is observed to be recording video and/ or audio within City Facilities, without the consent of all persons whose voice or image is being recorded, and if such person refuses to cease activity after being advised that such activity is prohibited under this Ordinance, then such refusal shall be considered to be a disruption to the work of City government. Therefore, such persons shall no longer be present within the City Facilities on legitimate public business. 2) The City Manager, City Manager' s designees, or any law enforcement officer are hereby authorized on behalf of the City to request any person who refuses to cease the unconsented video and/ or audio recording to immediately leave the premises. Any person who refuses to cease the unconsented video and/ or audio recording and refuses to immediately leave the premises at the request of the City Manager, City Manager' s designees, or any law enforcement officer, shall be considered as a