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

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. e) The City Manager, City Manager' s designees, or any Law Enforcement may have cause to remove any person they determine: ( 1) Acts in any manner which violates or is reasonably suspected to violate any federal, state or local law, ordinance. rule or regulation; or 2) Acts in any manner which violates any City rules or policy, including but not limited to the Facility Rules; or any directive on any sign or notice at the public property. The City Manager, City Manager' s designees, and any Law Enforcement are hereby authorized on behalf of the City of Fort Walton Beach, Florida to warn persons of this prohibited activity and request such activity to cease. 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. t) The City Manager, City Manager' s designees, or any Law Enforcement are hereby authorized on behalf of the City of Fort Walton Beach, Florida to warn persons who have entered into or remain in areas where they are not authorized to be, and to request such persons to depart. The City Manager, and his designees, are hereby authorized to call upon Law Enforcement to treat as trespassers, any persons who refuse to depart after such a request has been made. Law Enforcement, at its option, may enforce any person' s refusal to depart by means of Section 810.08 and 810.09, Florida Statutes, or issue a trespass warning notice. 9. 13. 03 Facilit Rules for Citx Facilities. a) General Rules. The following conduct is prohibited within the City Facilities of the City of Fort Walton Beach: 1) Engaging in any conduct prohibited by Federal, State, or City of Fort Walton Beach law. 2) Possessing any weapons. except as specifically permitted by law. 3) Smoking any substance, chewing tobacco, use of e- cigarettes or vaping devices, or carrying any lighted or smoldering pipe, cigar, or cigarette. 4) Disruptive, harassing, or unsafe behavior, including conduct which interferes with City Staff, City officials, or City contractors in the performance of their duties, or interferes with the proper use of a City Facility by others. 5) Abusive or harassing behavior, including use or display of obscene language, gestures, or graphics. 6) Blocking entrances, exits, fire exits, access areas, or otherwise interfering with the use of a City Facility. 7) Entering or remaining in nonpublic areas of a City Facility without authorization. 8) Any act which could result in substantial risk of harm to persons or property. 9) Disrupting City business, events, or other City sponsored or authorized activities. 10) Leaving unattended packages, backpacks, luggage, or other personal items. Any such items are subject to immediate confiscation. 11) Laying down or sleeping in chairs, benches, or any other surface within a City, Facility.  12) Posting or affixing to City property without permission from the City Manager, or his/her designee, any signs, leaflets, posters, flyers, pamphlets, brochures, and written, pictorial or graphic material of any kind. 13) Tampering with or unauthorized use of building or facility systems or devices, including electrical, plumbing, locks, doors, or cameras. 14) Taking any audio and/ or video recording anywhere inside of City Facilities without the express consent of anyone being recorded, except for: i) Audio and/ or video recording conducted on or at one of the exceptions listed in 9. 13. 01 ( a)( i). ii) An audio and/ or video recording performed by authorized law enforcement personnel engaged in Law Enforcement Activities. iii) Audio or video recordings conducted by any security surveillance devices of the City, located on any City property, and which are authorized pursuant to law. 15) Remaining in a City Facility after being asked to vacate the premises: ( a) after posted hours of operation or ( b) after the conclusion of an authorized " after hours" public meeting or event. b) Police Station Rules: All of the rules set forth above in section ( a) shall apply to the City of Fort Walton Beach, Police Department administrative buildings, and police stations, with the following additional rules, which shall control if in conflict with any rules set forth above in section( a): 1) The front lobby of the Police Station is a public area staffed by non-Law Enforcement support staff( hereinafter " front lobby staff') who work in and from a non-public secure area located on the other side of protected glass. Interactions that members of the public have with front lobby staff do not involve Law Enforcement Activities, and if the front lobby staff are recorded, either via audio or video, by a member of the public located in the public area of the front lobby. without the express consent of the front lobby staff member being recorded, and while the front lobby staff member is in their non-public secure workspace, then any refusal to cease recording the front lobby staff member will be deemed a trespass. 9. 13. 04 Criminal Penalties. Law Enforcement may criminally enforce this article. Violators may be removed from City Facilities as authorized pursuant to section 810.09, Florida Statutes, trespass after warning. All violations of trespass warnings issued under this section shall be sufficient probable cause to arrest the trespassing individual for second degree misdemeanor criminal trespass. Upon conviction, a violator shall be punished by a fine not to exceed five hundred dollars ($ 500.00), and/ or by imprisonment in the county jail not to exceed sixty ( 60) days. 9. 14 Appeal of Trespass Warnings. a) Appeal of trespass warning. A person to whom a trespass warning is issued, via any provision of the City of Fort Walton Beach Code of Ordinances, shall have the right to appeal as follows: el An appeal of the trespass warning must be signed and filed, in writing, within ten 10) days of the issuance of the warning. and shall include the appellant' s name, address, phone number, and email address, if any. No fee shall be charged for filing the appeal. Unless otherwise stated below, all correspondence with the Appellant shall be by email after the appeal is filed. 2) The appeal shall be filed in writing or in person at the front desk of the City of Fort Walton Beach, Police Department located at 7 Hollywood Boulevard NE, Fort Walton Beach, Florida 32548, or in writing at that address or at the address of the Office of the City Clerk, 107 Miracle Strip Parkway SW, Fort Walton Beach. Florida 32548. If the appeal is filed with the front desk of the City of Fort Walton Beach, Police Department, then the appeal should be forwarded immediately to the City Clerk's office. 3) Appeals shall be heard by the Special Magistrate with whom the City contracts for Code Enforcement. The Special Magistrate must be free of any conflict of interest regarding the parties or the proceeding. If no Special Magistrate is available, then the City Council shall hear any appeal. For the remainder of section 9. 14, Special Magistrate shall mean City Council if no Special Magistrate is available for a specific appeal. 14) Within ten ( 10) days following the filing of the appeal. the City Clerk shall coordinate with the Special Magistrate to schedule a hearing. Notice of the hearing shall be provided to the appellant in two of the following manners: a. Hand delivery; b. Leaving or posting the notice at the information desk of the Fort Walton Beach Police Department; c. Regular mail at an address provided by the appellant; d. Email if the Appellant provides an email address in the written appeal; or  e. Telephone should no address be available and if a telephone number has been provided. If appellant cannot be reached by telephone, then notice at the information desk shall be sufficient. 5) The special magistrate shall hold the hearing as soon as possible, consistent with due process. In no event shall the hearing be held sooner than seven ( 7) days following the filing of the appeal and no later than forty-five ( 45) days after the filing of the appeal. 6) Copies of documents in the City's control which are intended to be used at the hearing, and which relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost. 7) The appellant may attend with an attorney, and shall have the right to testify, to call witnesses, to cross- examine witnesses and to present evidence. The appellant shall have the right to bring a court reporter, at appellant' s own expense. 8) The special magistrate shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. 9) The City shall bear the burden of proof by clear and convincing evidence that the trespass warning was properly issued in accordance with City Ordinance or State Law. 10) If the appellant fails to attend a scheduled hearing, the special magistrate shall review the evidence presented and determine whether the trespass warning was properly issued. 11) Within ten business days after the hearing, the special magistrate shall issue a written decision on the appeal which shall be mailed by the City Clerk to the appellant at the address provided. If no address is provided, a copy of the trespass decision shall be posted at the information desk of the police department or on the information board at City Hall. 12) The trespass decision of the special magistrate shall constitute final agency action, and the appellant shall be deemed to have exhausted all administrative remedies. Such decision is subject to judicial review in the manner provided by law for City quasi-judicial decisions. 13) The trespass warning and trespass decision shall remain in effect during the appeal and review process, including any judicial review unless required to be stayed under general law or rule, or staved by a court.  14) Any person subject to a trespass warning and trespass decision who violates the terms of