§ 15-15. Trespass warnings.

An employee or official having control over a city owned building, complex, facility or park is authorized to issue a trespass warning to any person who violates a state law, city ordinance, lawful command, regulation or rule while on or within a city owned building, complex, facility or park. The trespass warning will be limited to the city owned building, complex, facility or park where the violation occurred and shall not include the public right-of-way.

When an employee or official having control over a city owned building, complex, facility or park is not present, a law enforcement officer is authorized to issue a trespass warning to any person who violates a state law, city ordinance, lawful command, regulation or rule while on or within a city owned building, complex, facility or park. The trespass warning will be limited to the city owned building, complex, facility or park where the violation occurred and shall not include the public right-of-way.

Trespass warnings shall be issued as follows:

(1) For the first violation, the person may be issued a trespass warning for a period not to exceed one (1) year.

(2) For a second or subsequent violation, the person may be issued a trespass warning for a period not to exceed two (2) years.

A copy of the trespass warning shall be provided to the employee or official having control over the city owned building, complex, facility or park.

Any person found on or within a city owned building, complex, facility or park in violation of a trespass warning may be arrested for trespass after warning, except as otherwise provided in this section.

The city manager or designee may authorize a person who has received a trespass warning to enter the city owned building, complex, facility or park to exercise their First Amendment rights or to conduct necessary city business. Such authorization shall be in writing specifying the duration of the authorization and any conditions thereof. Such authorization shall not be unreasonably denied.

This section shall not be construed to limit the authority of any employee, official or law enforcement officer to issue a trespass warning to any person who violates a state law, city ordinance, lawful command, regulation or rule while on or within a city owned building, complex, facility or park, including a right-of-way, when closed to pedestrian and vehicle use.

(Ord. No. 2009-19, § 1, 7-21-09)