Carlsbad Municipal Code Ch. 11.33 Citywide Code of Conduct for Public Facilities, Services, Programs And…

The purpose of this chapter is to promote a safe, orderly, and welcoming environment for use and enjoyment of City of Carlsbad public facilities and public services, programs and events.

(Ord. CS-488, 3/25/2025)

For purposes of this chapter,

"Public facilities"

means buildings and real property owned or leased by the City of Carlsbad and used by members of the public, including community and recreational facilities, library and cultural arts facilities, and public-serving counter areas and client meeting rooms.

"Public services, public programs and public events"

means services, programs or events which are offered by the City of Carlsbad and available to members of the public, such as Carlsbad Senior Center programs and Library and Cultural Arts classes and events.

(Ord. CS-488, 3/25/2025)

The City Manager is authorized to adopt an Administrative Order providing for the rules and regulations for the use of public facilities and the use of or participation in public services, public programs and public events, and to take such other actions necessary to preserve public facilities and public safety and distribute public facility space among competing uses. The applicable rules and regulations and consequences shall be posted at each public facility.

(Ord. CS-488, 3/25/2025)

A. Authority to Issue Notice of Suspension and Service.

1. Any departmental director or designee or police administrative manager or designee is authorized to issue a notice of suspension to any individual where there is substantial evidence the person has violated any rules or regulations for the use of a public city facility.

2. A notice of suspension may be served on the recipient by one of the following methods:

a. Personal service, in which case the suspension is immediately effective upon service.

b. Service by both first class mail and certified mail, postage prepaid, return receipt requested to the last known address of the recipient based on city records, in which case the suspension is effective after 5 days from the date of the notice of suspension.

3. The recipient of a notice of suspension need not be charged, tried, or convicted of any crime or infraction for the notice to be issued or be effective. The notice of suspension shall be based on observation by city or other government employee, including a police officer, or may be based upon a civilian report that would ordinarily be relied upon by police officers in the determination of probable cause.

B. Duration of Suspension. The duration of a suspension will vary depending on the nature and severity of the offense and history of the recipient of the notice of suspension. The City Manager is authorized to promulgate an Administrative Order that defines or recommends the duration of a suspension.

C. Content of Notice of Suspension. The notice of suspension shall be in writing, contain the date of issuance, describe the behavior that is the basis for the suspension, specify the length and place(s) of exclusion, be signed by the issuing departmental director or peace officer, and state that a failure to comply constitutes a misdemeanor offense under Section 11.33.040(D) of this chapter.

D. Violation of Notice of Suspension. Any person who enters a public facility in violation of an active notice of suspension issued pursuant to this chapter may be charged with a misdemeanor pursuant to Chapter 1.08 of this code.

(Ord. CS-488, 3/25/2025)

A. Written notice of the right to appeal shall be included with any notice of suspension greater than 7 days related to the rules and regulations for the use of public facilities.

B. With the exception of infraction and misdemeanor charges for violations of this chapter, any person aggrieved by a notice of suspension greater than 7 days may appeal to the City Manager or designee by filing a written notice of appeal with the City Clerk's office within 10 calendar days of the date of issuance of the decision. The decision of the City Manager or their designee shall be final.

C. Request for Accommodation in the Appeals Process.

1. At any time in the appeals process, the appellant may request an accommodation due to a disability. The appellant shall make the request to the city's ADA coordinator in writing. Any request for accommodation shall include a description of the appellant's disability and the accommodation requested. The request shall also include whether the appellant requests to receive the ADA coordinator's determination in an accessible format other than a standard letter (e.g., by telephone, in large print, etc.).

2. After reviewing the request for accommodation, the city's ADA coordinator may request additional information from the appellant. The appellant will be notified in a timely manner and in writing (or other accessible format) of the ADA coordinator's determination regarding the accommodation request. Any deadlines in the appeals process will be adjusted to account for a timely request for accommodation and the time required for an ADA coordinator to respond to such request.

3. In granting an accommodation request, an ADA coordinator has the authority to modify the appeals procedures described above, so long as the accommodation is reasonable, maintains the appellant's right to due process, and complies with any applicable state laws. If a request for accommodation is denied, the appellant may appeal the decision within 10 calendar days to the City Manager.

(Ord. CS-488, 3/25/2025)