Chapter 9.16


9.16.010    No-trespass orders.

9.16.010 No-trespass orders.

A. The police department has the authority to issue and serve no-trespass orders, informing the recipient that he or she is prohibited from entering or remaining on the city property identified in the order, upon the following:

1. Persons responsible for violation of BLMC 12.12.250; and

2. Persons who the department has probable cause to believe have committed a criminal offense or nuisance on city property. For purposes of this provision, “city property” does not include streets and city rights-of-way.

B. No-trespass orders shall be in writing and shall contain the following elements:

1. The signature of the issuing police officer;

2. The date of issuance;

3. The reason for issuance;

4. The duration of the order, not to exceed one year;

5. Identification of the property the recipient is prohibited from entering or remaining on;

6. Language notifying the recipient that violation of the terms of the order shall give rise to criminal prosecution under this chapter; and

7. A description of how to appeal the order pursuant to subsection C of this section.

C. Appeal. The recipient of a no-trespass order may appeal issuance or terms of the order by submitting a written appeal request to the police chief or designee.

1. Upon receipt of a request for appeal, the police chief or designee shall meet with the appellant, receive such evidence as the appellant chooses to present, and review any sworn statement of the issuing officer. If the police chief or designee determines it is more likely than not that the appellant committed the violation that prompted the no-trespass order, the order shall be affirmed. Upon affirming an order, the police chief or designee may, at his or her discretion, reduce the duration of the no-trespass order for good cause shown.

2. The decision of the police chief or designee shall be final. (Ord. 1452 § 5, 2013).