Chapter 12.38
EXCLUSION FROM CITY FACILITIES AND PROPERTY
Sections:
12.38.010 Exclusion authority.
12.38.030 Appeal of exclusion.
12.38.040 Violation – Criminal trespass.
12.38.010 Exclusion authority.
(1) In addition to any other remedy or penalty provided by city ordinance or code, or state law, a law enforcement officer, or any person specifically authorized by the city manager, may exclude any individual from city parks, recreational areas, city-owned or leased properties or city-sponsored events for a period of up to 90 days based upon a reasonably objective belief by the officer (or authorized person) that the individual has engaged in:
(a) Conduct made criminal as either a misdemeanor or felony under state law;
(b) Conduct in violation of city ordinance or code;
(c) Conduct in violation of a city council adopted rule of conduct.
(2) An exclusion issued under the provisions of subsection (1) of this section shall take effect upon issuance of the notice of exclusion and remain in effect for the period set out therein, subject only to an appeal consistent with the appeal process described in this chapter. [Ord. 501 § 1, 2018].
12.38.020 Exclusion notice.
The notice of exclusion shall include the following:
(1) The provision of state law, city ordinance, code or rule which has been violated;
(2) The places within the city where the exclusion applies;
(3) The start and end dates of the exclusion period;
(4) A prominently displayed warning of the consequences (sanctions) for the failure to comply with the exclusion as described in this chapter; and
(5) A statement that the excluded person has the right to file a written appeal with the city manager for the city of Coos Bay, within five business days of the issuance of the notice, to have the exclusion rescinded or the exclusion period shortened. [Ord. 501 § 2, 2018].
12.38.030 Appeal of exclusion.
(1) A person receiving a notice of exclusion under the provisions of this chapter may file a written appeal with the city manager for the city of Coos Bay within five business days of the issuance of the notice of exclusion to have the exclusion rescinded or the exclusion period shortened.
(2) The written appeal shall contain the following:
(a) The appellant’s name;
(b) The appellant’s mailing address and contact information, including phone number and email address (if applicable);
(c) A concise statement of the basis on which the decision to exclude the appellant is invalid, unauthorized, or otherwise improper; and
(d) A copy of the notice of exclusion.
(3) The city manager shall set a date and time for the appeal hearing not less than seven days nor more than 21 days after the receipt of a properly and timely filed appeal. The city manager may alter the date and time for the hearing on his/her own motion, or at the request of the appellant or city for good cause shown.
(4) If an appeal of the exclusion is timely filed under subsection (1) of this section, the notice automatically stays the exclusion period until the city manager issues a decision on the appeal.
(5) The city has the burden to show, by a preponderance of evidence, that the exclusion is warranted, given the totality of the circumstances.
(6) The city manager shall issue his/her determination in writing and provide a copy to both the city and the appellant. [Ord. 501 § 3, 2018].
12.38.040 Violation – Criminal trespass.
No person shall enter or remain in any public place at any time during which there is in effect a notice of exclusion issued pursuant to this chapter. A person who knowingly violates a notice of exclusion commits the crime of criminal trespass. [Ord. 501 § 4, 2018].