Martinez Municipal Code Ch. 12.45 Order to Vacate City Property

As used in this Chapter: "City property" shall mean that portion of any public area or public areas within the City of Martinez that are owned, managed, controlled, or maintained by the city, excluding streets, as that term is defined in Section 1.04.010, and sidewalks adjacent to streets, but including parks, and publicly owned parking lots.

(Ord. No. 1462, § 5, 9/18/2024)

Any person who receives a citation or is arrested on City property for a violation of the City Municipal Code or State law, excluding a parking violation or traffic infraction, may be ordered by the citing/arresting police officer at the time of the citation/arrest to vacate that property and not to re-enter said property again for the period of time specified in Section 12.45.020. Any such order shall apply to the property at which the citation/arrest occurs. It shall be unlawful for any person to violate such order.

(Ord. No. 1462, § 5, 9/18/2024)

A. First Offense. Violator must vacate City property for 24 hours from the time of the officer's order.

B. Second Offense within One Week of the First Offense. Violator must vacate City property for one week from the date of the officer's order in response to the second offense.

C. Third Offense within 30 Days of the Second Offense. Violator must vacate City property for 30 days from the date of the officer's order in response to the third offense.

D. Fourth Offense within Six Months of the Third Offense. Violator must vacate City property for six months from the date of the officer's order in response to the fourth offense.

(Ord. No. 1462, § 5, 9/18/2024)

A. Any person who receives an order to vacate pursuant to this section and who desires to appeal that order shall, within five business days of the order, file a written notice of appeal with the City Manager. The City Manager or their designee shall hear the appeal within 14 business days from the date the written appeal is received by the City Manager's office. The appeal shall list the appellant's full contact information including a phone number, if any.

B. The timely filing of an appeal shall stay the exclusion order pending the outcome of the hearing.

C. The appellant shall be notified of the date, time and location of the appeal hearing. The appeal board shall consist of the City Manager, or their designee, and the Chief of Police, or their designee, and the Public Works Director, or their designee. The appellant must personally appear at the appeal hearing, may call witnesses, may provide any evidence and may hear and examine the City officer who issued the order. Alternatively, the appellant may set forth the basis for the appeal and the arguments in support of the appeal in the written appeal notice and waive the appeal hearing.

1. The appeal hearing shall not be governed by the rules of evidence.

2. If the appellant fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to the hearing and the order to vacate shall be upheld.

3. If the appeal board determines by a preponderance of the evidence that the appellant did not engage in the conduct for which the order to vacate was issued, the order to vacate shall be immediately withdrawn and of no further force or effect.

4. The appeal board shall issue a decision on the appeal no later than 24 hours after the appeal hearing has been completed or the appeal notice waiving the hearing has been submitted. The decision of the appeal board shall be final.

(Ord. No. 1462, § 5, 9/18/2024)