Tulare Municipal Code Ch. 8.37 City Property Exclusion

The City Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets by excluding any person who violates any provision of the Tulare Municipal Code, rule or regulation of the city, or any of the laws of the State of California.

(Ord. 2025-05, passed 5-6-2025)

The following words, phrases and terms as used in this chapter shall have the following meanings:

CITY PROPERTY. All real property owned by the city, other than public right-of-way and utility easement, and all property held in proprietary capacity by the city.

HEARING OFFICER. The City Manager or their designee.

(Ord. 2025-05, passed 5-6-2025)

In addition to other measures provided for violation of this code, or any of the laws of the State of California, any department head of the City of Tulare may exclude someone from city property, excluding public rights-of-way, if that person violates any provision relating to the use, misuse, waste, or destruction of public property contained in the Tulare Municipal Code, rule or regulation of the city, or any of the laws of the State of California.

(Ord. 2025-05, passed 5-6-2025)

Exclusion under this chapter may be for a period of not more than 180 days and may apply to all or a portion of city property. The exclusion period will not begin until the sixth business day after the issuance of the exclusion or until the appeal is decided under Tulare Municipal Code § 8.37.070, whichever date is later, to allow for due process.

(Ord. 2025-05, passed 5-6-2025)

A person excluded from city property or city parks pursuant to this chapter may not enter or remain upon that city property or city parks during the exclusion period, except a person excluded from City Hall may enter upon or remain at City Hall to the extent necessary to file documents required to be filed with a city official. A person who knowingly violates an order of exclusion from city parks or city property may be charged with criminal or civil trespass.

(Ord. 2025-05, passed 5-6-2025)

(A) Written notice shall be given to any person excluded from any city property or city parks.

(B) The notice shall specify the dates and places of exclusion. It shall be signed by the issuing party. The notice shall prominently display the consequences for failure to comply, including a violation of Cal. Penal Code § 602 and instructions for requesting a hearing to appeal the exclusion.

(Ord. 2025-05, passed 5-6-2025)

A person receiving a notice of exclusion may request a hearing before a hearing officer to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the City of Tulare within three business days of receipt of the exclusion notice. Failure to file a written notice of appeal within three business days will be deemed a waiver of further action. No particular form shall be required of the appeal and must be filed with the City Clerk’s Office.

(Ord. 2025-05, passed 5-6-2025)

(A) When a timely request for a hearing is made, a hearing shall be held before a hearing officer.

(B) The hearing shall be set within three business days. The hearing may be scheduled for a later date if the person excluded so requests.

(C) At the hearing, the person excluded may contest the validity of the exclusion.

(D) The city official shall have the burden of proving the validity of the exclusion by a preponderance of evidence. The city official may present evidence either by testimony or written report of the officer. If the city evidence is presented only by written report and the hearing officer cannot resolve a question by information contained in the report, the hearing may be held open for a reasonable time to complete the record.

(E) If the hearing officer finds that:

(1) The person excluded violated any provision of this code, any law of the State of California, or any policy, rule or regulation of a city park or city property, then the hearing officer shall enter an order sustaining the exclusion; or

(2) The person excluded did not violate any provision of this code, any law of the State of California, or any policy, rule or regulation of a city park or city property, then the hearing officer shall enter an order rescinding the exclusion.

(3) Once a person has been deemed to be excluded, the 180-day exclusion will begin on the date of the ruling by the hearing officer.

(F) The decision of the hearing officer is final.

(Ord. 2025-05, passed 5-6-2025)

At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the City Manager for a temporary waiver from the effects of the notice of exclusion from city property or city parks. A waiver may be granted if the City Manager determines good cause exists.

(Ord. 2025-05, passed 5-6-2025)