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HomeMy WebLinkAbout2007-2-7253235 ORDINANCE NO. 2007-2-7253 AN ORDINANCE CREATING A NEW ARTICLE IN CHAPTER 70 "PARKS AND RECREATION" OF THE PADUCAH CODE OF ORDINANCES PROHIBITING ENTRY TO PERSONS WHO VIOLATE THE PARK'S RULES AND/OR ARE ARRESTED FOR CRIMES OCCURRING ON THE CITY'S PARKS AND RECREATIONAL PREMISES FOR A PERIOD UP TO ONE YEAR WHEREAS, the City of Paducah has established parks, playgrounds and recreational centers and areas throughout the City for the enjoyment of its citizens and persons visiting the City; and WHEREAS, the City Commission has become increasingly concerned with the number of reports of persons engaging in offensive or criminal behavior in such public areas, which behavior jeopardizes and threatens the safety and enjoyment of persons who utilize such public areas, and threatens the destruction of the City facilities located in such areas; and WHEREAS, it is the City Commission's opinion that such offensive and criminal behavior be abated by removing persons who exhibit such conduct from such public areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: T ` Section 1. A new article shall be created in Chapter 70, "Parks and Recreation", of the Paducah Code of Ordinances, entitled Article VI, "Temporary Suspension of Persons on City Recreational Areas" as follows: See. 70-81. Definitions. For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (a) "City recreational areas" shall include all parks, playgrounds, and recreational centers and areas which are owned and maintained by the City for public use. (b) "Director" shall be the duly authorized Department of Parks Services Director, or his duly designated designee. (c) "Prohibited Conduct" shall include any intentional act committed by a r-11 � . person while within a City recreational area which: (i) causes injury to another person or damages another person's property, or constitutes a substantial likelihood of causing such injury or damage; 236 (ii) causes damage to any City property or constitutes a substantial likelihood of causing such damage; (iii) constitutes a criminal offense under any state, city or county law; Mi (iv) constitutes an intentional, continual and flagrant violation or indifference to the Rules of Conduct adopted by the City. (d) "Rules of Conduct" shall include any and all rules enacted or approved by the City Commission which regulate behavior and activities in City recreational areas, and the public's use of the City recreational areas. Sec. 70-82. Privilege to Use City Recreational Areas. The City does hereby accord to each member of the general public the privilege to come upon, use and enjoy the City's recreational areas for all lawful purposes. Each person's use and enjoyment of the City recreational areas shall be subject to the Rules of Conduct as adopted by the City Commission or the Director, and the provisions as set forth in this Ordinance. In the event any person engages in any prohibited conduct as defined under this Ordinance, such person's use and enjoyment of all City recreational areas may be subject to forfeiture, in which event such person shall be suspended from the use and enjoyment of such areas in accordance with the provisions of this Ordinance. Sec. 70-83. Prohibited Conduct. It shall be unlawful for any person to engage in any prohibited conduct while using or otherwise being located within any City recreational area. Any person who engages in such conduct shall forfeit his privilege to come upon all City recreational areas, or to use the facilities located therein, in the manner as defined in this Ordinance. Sec. 70-84. Director's Authority to Suspend Privilege. The Director is hereby authorized and empowered to suspend the privilege of any person to come upon, use and enjoy the City recreational areas when such person has engaged in prohibited conduct within any City recreational area as defined in this Ordinance. Any suspension issued by the Director against any person, and each person's rights to aggrieve such suspension, shall be in accordance with the provisions of this Article. 2 237 Sec. 70-85. Report of Prohibited Conduct — Notification. (a) Any Paducah Police Officer or other City employee who personally witnesses or has probable cause to believe that a person engaged in prohibited conduct while such person is within a City recreational area shall make a written report regarding such incident to the Director within seven (7) days following the date of such incident. The written report shall state the name and address of the person accused of engaging in such conduct, if known, or a description which identifies such person, if not known, the date of the incident, the time and place of the incident, a description of the incident, and the names and addresses of any witnesses to the incident. (b) Upon receipt of the written report, the Director shall conduct an investigation of the written report to determine whether there is in fact probable cause to believe that the accused person has engaged in prohibited conduct while being within a City recreational area. In the event the Director determines that there is probable cause to believe that the accused person has engaged in prohibited conduct while being within a City recreational area, the Director shall issue a written letter to the accused person and schedule a hearing on the matter. The written letter shall inform such person of the following: (i) A determination has been made by the Director that there is probable cause to believe that such person has engaged in prohibited conduct while within a City recreational area, and that such determination could result in the suspension of such person's privilege to come upon City recreational areas for a period up to one year. (ii) A hearing has been scheduled on this matter wherein the accused person shall have a right to be heard. The written letter shall set forth the place, date, and time of the hearing. (iii) The accused person has the right to file a written response to the letter by filing with the Director a written response as defined in Section 70-86 within a period of ten (10) days following the accused person's receipt of the written letter. (iv) The accused person shall have all rights to participate in the hearing as defined in Section 70-87. 3 238 (v) If the accused person fails to attend the hearing, the Director will assume that the accused person wishes to waive his right to a hearing and a finding of disbarment will be made. Sec. 70-86 Right to Respond—Form of Written Response. (a) The accused person has the right to file a written response to the Director's letter by filing a written response with the Director within a period of ten (10) days following the accused person's receipt of the written letter. (b) The written response shall identify the true and lawful name and address of the person accused, the age of the accused, and his phone number. In making his written response, the accused person shall have the right to deny the allegations made against him by the Director, any defenses that he may have to the allegations, and to otherwise provide his explanation of the events relating to the incident which is described in the written letter. Sec. 70-87. Hearing Before Director – Findings – Final Order A hearing shall be held by the Director within thirty (30) days following the accused person's receipt of the written letter. The hearing shall be conducted at the Paducah Parks Department or such other place as designated by the Director. If the accused person fails i to appear at the scheduled time and place for the hearing, the Director may consider the accused to have waived his right to a hearing and the Director may proceed to issue a final order. If the accused person attends the hearing, the Director shall hear evidence which is offered in support of the allegations, including testimony and/or written evidence offered by the City employee or Police officer who filed the initial written report, and any evidence offered by the accused person against such allegations. During the hearing, the Director shall accord to the accused person, and the accused person shall have, the following rights: (i) The right to have representation of legal counsel; (ii) The right to give testimony on his behalf; (iii) The right to present evidence, including the right to have others testify in his behalf. 1 0 Sec. 70.88 Final Order—Grounds for Issuance (a) At the conclusion of all evidence, the Director shall consider the evidence presented, and thereafter issue his findings and final order. If the Director finds by a preponderance of the evidence that the accused person has engaged in prohibited conduct while n �*R within a City recreational area, the Director shall issue a final order which suspends the accused person's privilege to use and enjoy all City recreational areas and which instructs the accused person that he is prohibited from coming upon, using or otherwise enjoying all City recreational areas for a period of up to one (1) year following the date of issuance. The length of time in which the person is barred shall be determined by the Director upon consideration of the severity of the offense. In the event the Director finds that that there is not a preponderance of evidence which supports the allegations, he shall so state such finding in his final order, and thereafter shall dismiss the charge. (b) The final order shall specifically identify the effective and ending dates of the suspension and the specific description of all of the City recreational areas from which the accused person is barred. The final order shall also include an explanation of the accused person's right to appeal the final order, and the procedure for filing such an appeal. (c) Upon issuance of a final order, the Director shall cause a copy of same to be delivered by certified mail to the accused person. If delivery is unsuccessful, the City Police Department shall serve a copy of the final order upon the accused person. Upon service of the final order on the accused person, it shall thereafter be unlawful for the accused person to come \ upon or otherwise use the City recreational areas for the term as provided in the final order. Sec. 70-89. Maintenance of Barred List. The Director shall be responsible for compiling and maintaining the official barred list. The list shall include effective and ending dates of the disbarment. A copy of the barred list shall be provided to the Chief of Police and the Paducah/McCracken County E-911 Center. Each time a person is added to or removed from the list, the Director shall update the list and immediately provide a copy to the Chief of Police and the Paducah/McCracken County E- 911 Center. Sec. 70-90. Appeals Process. (a) The accused person shall have the right to appeal the Director's final order to the City Manager. (b) The appeal shall be in writing and must by received by the City Manager within ten (10) calendar days following service of the Director's final order. The appeal must include all reasons why the final order should be rescinded. -.s ,___ .13,x_aia4 -- 1: i� .i: � .ri ,,.. n,. L, -M— 240 (c) Upon receipt of a written notice of appeal, the City Manager shall conduct his own independent investigation of the matter. (d) The City Manager shall review the evidence under the same standards which are set forth under Section 70-88. After reviewing the evidence submitted by the appellant and any evidence and/or information forwarded to the City Manager by the Director, the City Manager shall notify the appellant of his decision in writing within thirty (30) days following receipt of the appeal. If the City Manager fails to issue a written decision within the thirty (30) days, the final order shall stand. If the City Manager rescinds the final order, the City Manager shall immediately notify the Director, who will then remove the appellant's name from the disbarment list and immediately provide an updated list to the Chief of Police and the E-911 Center. (e) The Director's final order of disbarment shall be in effect during the time in which the appeal is pending with the City Manager. Sec. 70-91. Penalties. (a) It shall be unlawful for any person who has been notified that he/she is barred from City recreational areas to enter City recreational areas during the effective dates of said disbarment. (b) Any person who violates subsection (a) of this Section shall be guilty of a class B misdemeanor, punishable by a fine not to exceed $500 and/or imprisonment not to exceed ninety (90) days. Section 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: JMMMd A-e-ck City Clerk Introduced by the Board of Commissioners, February 13, 2007 Adopted by the Board of Commissioners, February 27, 2007 Recorded by City Clerk, February 27, 2007 Published by The Paducah Sun, March 5, 2007 70 -Amend (Parks Rules of Conduct) 84773 0 J