Exeter Municipal Code Art. 6 Removal and Suspension from Park and Recreation Facilities

Any person who interferes with any city employee or obstructs or interferes with a peace officer in the performance of his or her duties, or who by his or her conduct, interferes with the use of any public park/recreation area by any other person, or who has committed any public offense within any public park/recreation area, shall be required to leave the public park/recreation area. No person who has been required to leave a public park/recreation area pursuant to this section shall return to or enter any public park/recreation area until the public park/recreation area reopens the following day.

(Ord. No. 697, §1, 7-27-2021)

A. The council finds that disorderly conduct in a public parks/recreation areas that is dangerous, harmful, offensive, disruptive, or that is a public nuisance obstructs or interferes with the enjoyment of the park and negatively impacts the community and should be prevented through suspensions of the privilege of enjoying the city's public parks/recreation areas.

B. The city administrator or designee is hereby authorized to suspend the individual committing the following offenses from utilizing park areas for a period of up to twelve months:

1. Unlawful possession of a controlled substance or illegal drug paraphernalia in a public park/recreation area (as set forth in Division 10 of the California Health and Safety Code).

2. Possession of a deadly weapon (as set forth in Part 6 of the California Penal Code) in a public park/recreation area.

3. Commission or solicitation of an act of prostitution in a public park/recreation area (as set forth in Chapter 2.5 of Division 15 of Title 1 of the California Penal Code).

4. Commission of an act of criminal assault or battery (as set forth in Chapter 9 of Division 8 of Title 1 of the California Penal Code) on another person in a public park/recreation area.

5. Commission of an act of vandalism in a public park/recreation area (as defined by California Penal Code Section 594).

6. Commission of an act of indecent exposure in a public park/recreation area (as defined by California Penal Code Section 314).

7. Commission of any other violation of this Code or state law on three separate occasions within a thirty day period within a park or park area.

C. The city administrator or designee shall make the determination to impose a suspension pursuant to this section on the basis of substantial evidence. A record of arrest or citation for any of the above qualifying acts or violations, regardless of whether a conviction has resulted, may be considered substantial evidence sufficient to support a suspension under this section. The city administrator or designee shall consider any other relevant evidence available.

D. In imposing a suspension pursuant to this section, the city administrator or designee shall provide notice of suspension, by serving written notice on the person receiving the suspension in the same manner as set forth in Chapter 1.13 of this Code. Persons receiving notice of suspension may request an administrative appeal hearing as described in Section 1.13.100 et seq. of this Code within ten days of receiving notice of suspension. The suspension shall not be stayed pending the appeal process. At the hearing the rules applicable to administrative hearings under the Exeter Municipal shall apply. The individual may present evidence to demonstrate why the suspension should not be issued, which, may include but is not limited to: questioning witnesses; providing evidence showing the underlying acts did not occur; or providing evidence as to why the underlying acts were not dangerous, harmful, offensive, disruptive, or otherwise constitute a public nuisance. The hearing officer shall have the authority to uphold any issued suspension, reverse the suspension, or reduce the term of any suspension.

E. Suspended persons are not allowed by the city to use public park/recreation areas during the term of suspension or to obtain a permit for the use of public park/recreation areas from the city. Violators may be cited for a violation of this section and must immediately leave the public park/recreation area.

(Ord. No. 697, §1, 7-27-2021)

A. Every person, association, or corporation who intentionally violates any of the provisions of this chapter is guilty of a misdemeanor. Upon conviction thereof, a violation shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in Tulare County jail not to exceed ten days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

B. Notwithstanding the classification of a violation of this article as a misdemeanor, at the time an action is commenced to enforce the provisions of this article, the trial court, upon recommendation of the city attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Section 19 of the California Penal Code.

C. Notwithstanding subsections A. and B. above, the city may cite and enforce any violations of this chapter in accordance with the remedies and enforcement provisions of this Code, including but not limited to those specified in Chapter 1.13.

(Ord. No. 697, §1, 7-27-2021)