Ventura Municipal Code Ch. 20.52 Park and Park Facility Exclusions

The city council in adopting this chapter does so based upon the following facts, determinations, and findings:

A. That city parks and park facilities belong to all of the people of the city; and

B. That city parks and park facilities should be open for use and enjoyment by all city residents, businesses, and visitors; and

C. That certain rules, regulations, ordinances, and laws have been enacted to allow all to use and enjoy city parks and park facilities; and

D. That when these rules, regulations, ordinances, and laws have been violated, the violator’s conduct infringes upon the use and enjoyment of city parks and park facilities by others desiring to use them; and

E. That exclusion from certain city parks and park facilities by violators enables proper use of the same by others and provides a tangible consequence for violating these rules, regulations, ordinances, and laws; and

F. That in adopting this chapter, the city council has specifically excluded conduct and activities involving the exercise of First Amendment rights from its application and determines that it is not the purpose or the intent of this chapter to regulate or interfere with the exercise of such rights. (Ord. No. 2017-004, § 1, 2-13-17)

For purposes of this chapter, the words and phrases listed below shall have the meaning as follows:

“City” means the city of San Buenaventura.

“Department” means the parks, recreation, and community partnerships department of the city, or successor thereto.

“Director” means the managing director of the department, or other authorized representative of such department, or the director’s designee.

“Hearing officer” means that person selected by the city manager/designee to conduct administrative hearings authorized by this chapter.

“Open space park facility” means any parcel or area of land managed, controlled, or operated by the city that is essentially unimproved or in its natural state with minimal or no above ground improvements provided by the city, other than trails and trail heads.

“Park” or “park facility” means any body of water, park, athletic field, tennis court, picnic site, skateboard facility, dog exercise area, open space land, land, campsite, recreation area, open space park facility, building, structure, system, equipment, machinery, or other appurtenance managed, controlled, or operated by the department, and includes any public parking lot facility adjacent thereto.

“Police chief” means the chief of police of the city’s police department or the designee thereof.

“Review officer” means the police chief or their designee who will conduct for purposes of Section 20.52.060 the administrative review of an exclusion notice when a request for administrative review is filed by a person issued an exclusion notice. (Ord. No. 2017-004, § 1, 2-13-17)

Any police officer, when specifically authorized in writing by the police chief to enforce this chapter, may exclude any person who, while present in a park or park facility, violates any applicable ordinance, statute, posted rule or regulation, or city policy after being put on notice of same. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected that violate a specific provision of the law that would allow for exclusion. (Ord. No. 2017-004, § 1, 2-13-17)

An exclusion from a park or park facilities under the provisions of this chapter shall be for the specified time periods following occurrence of the following violations in a park or park facility:

A. One day: Single infraction of park rules or ordinances.

1. The exclusion shall be limited to the park or park facility where the offense resulting in the exclusion occurred.

B. Thirty days: Arrest or citation for misdemeanor nonviolent crime (e.g., public intoxication), or two or more infractions of park rules or ordinances within the previous 365 days.

1. The exclusion shall be limited to the park or park facility where the offense resulting in the exclusion occurred.

C. Ninety days: Two arrests or citations for misdemeanor nonviolent crimes within the previous 365 days, or arrest for felony nonviolent crime (e.g., drug possession).

1. The exclusion shall apply to any park or park facility within the city.

D. Six months: Three arrests or citations for nonviolent crimes within the previous 365 days.

1. The exclusion shall apply to any park or park facility within the city.

E. One year: Four or more arrests or citations for nonviolent crimes within the previous 365 days, or any arrest for any violent crime.

1. The exclusion shall apply to any park or park facility within the city. (Ord. No. 2017-004, § 1, 2-13-17)

Written notice shall be given to any person excluded from any park or park facility under this chapter.

A. The notice shall specify the date the exclusion begins and duration of the exclusion, shall identify the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal the exclusion.

B. The exclusion notice shall be signed by the issuing authorized police officer and shall also state any penalties for failure to comply. (Ord. No. 2017-004, § 1, 2-13-17)

Any exclusion shall begin immediately upon the termination of the five-day period unless the person to be excluded has filed a request for administrative review, as set forth in Section 20.52.060. If a timely request for administrative review is filed, the exclusion shall begin five days after the hearing officer issues a written notice of ruling, if the ruling upholds the exclusion, and shall begin at midnight on said date. (Ord. No. 2017-004, § 1, 2-13-17)

A. Request for Administrative Review. An individual who is issued an exclusion notice may request administrative review of the exclusion in the manner provided for herein.

1. Such request must be made in writing to the chief of police within five days following the date of the exclusion notice.

2. Such request must include the exclusion notice number, must set forth, with particularity, the reasons the cited individual believes a violation did not occur or that the cited individual was not responsible for the violation, and must contain the address at which the city should serve the cited individual with notice of review officer’s response to the request for administrative review.

3. A request for administrative review is a mandatory prerequisite to a request for an administrative hearing provided for below.

B. Response to Request for Administrative Review. Within 10 days of receiving a request for administrative review, the review officer shall review the request, the exclusion notice, and other pertinent information, and shall determine that:

1. The exclusion should be upheld because the violation occurred, the individual subject to the exclusion notice was responsible for the violation, and no other justification could be found for vacating the exclusion.

2. The exclusion has been vacated because there was no violation, or the individual subject to the exclusion notice was not responsible for the violation; or the individual subject to the exclusion notice has provided some other justification that, in the discretion of the reviewing officer, warrants vacating the exclusion.

C. Notice of Determination on Administrative Review. Upon making their determination on a request for administrative review, the review officer shall cause a notice of the determination to be served on the individual subject to the exclusion notice at the address set forth in the request for administrative review and shall cause a copy of the notice to be provided to the police department and city clerk. Where the review officer has upheld the exclusion, the notice shall also set forth the new date by which the exclusion shall begin, as well as the individual subject to the exclusion notice’s right to request an administrative hearing to further contest the exclusion in the manner provided for below. (Ord. No. 2017-004, § 1, 2-13-17)

A. Request for Administrative Hearing. An individual subject to an exclusion notice dissatisfied with the determination of a review officer following a request for administrative review of an exclusion notice may further contest the exclusion by requesting an administrative hearing in the manner provided for by this section.

1. Such request must be made in writing and must be served on the city at the address set forth in the review officer’s notice of determination within five days after the date the individual subject to the exclusion notice is served with notice of such determination.

2. Requests for an administrative hearing must be filed in the office of the city clerk and shall be in a form required by the city clerk.

3. The city manager, or designee, will select the hearing officer for the administrative citation hearing.

4. Hearing Date. Upon receiving a timely request for an administrative hearing to contest an exclusion notice, the city clerk will set an administrative hearing on a date not less than 15 nor more than 60 days from the date the hearing is requested. Written notice of the date, time, and location of the administrative hearing will be provided to the individual subject to the exclusion notice at least 15 days prior to the hearing date.

B. Conduct of Hearings.

1. Scope of the Hearing. The issues to be determined at the hearing are limited to the following:

a. Whether the violation alleged in the exclusion notice actually occurred; and

b. Whether the individual subject to the exclusion notice was responsible for the violation.

2. Burden of Proof and Evidentiary Rules. At the hearing, the hearing officer shall render their decision based on the preponderance of the evidence. However, the exclusion notice shall constitute prima facie evidence of the facts contained in the notice.

a. Both the individual subject to the exclusion notice and police officer shall have the opportunity to testify and present additional evidence concerning the exclusion notice.

b. Evidence may include, without limitation, witness testimony, documents, or other similar evidence.

c. Evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it be relevant and material to the issues of whether the violation alleged in the exclusion notice occurred and whether the individual subject to the exclusion notice was responsible for the violation.

3. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the individual subject to the exclusion notice may request that the hearing officer decide the matter based on the notice’s face and any other documentary evidence submitted to the city clerk by the individual subject to the exclusion notice or police officer prior to the hearing date.

4. Attendance of the Individual Subject to the Exclusion Notice. Failure of the individual subject to the exclusion notice to appear at the hearing shall be deemed a waiver of the right to be personally present at the hearing. The hearing officer shall then decide the matter based upon the facts set forth in the notice, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the police officer.

5. Attendance of Police Officer. The police officer who issued the exclusion notice shall attend the administrative hearing.

6. Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the police officer or the individual subject to the exclusion notice prior to issuing a written decision. (Ord. No. 2017-004, § 1, 2-13-17)

Within 10 days after closing the hearing, the hearing officer shall issue a written decision to uphold or set aside the exclusion, shall set forth the reasons for such decision, and shall forward a copy of the decision to the city clerk. (Ord. No. 2017-004, § 1, 2-13-17)

A. After receiving the hearing officer’s decision, the city clerk shall promptly cause the hearing officer’s decision to be served on the individual subject to the exclusion notice at the address set forth in the request for an administrative hearing together with the notice hereinafter required by this section, and shall cause a copy of the decision and such notice to be provided to the police department and review officer.

B. If the decision of the hearing officer is to sustain the exclusion, then the city clerk shall accompany the hearing officer’s decision with a notice advising the individual subject to the exclusion notice: the new date by which the exclusion shall begin, and that the individual subject to the exclusion notice has the right to file a petition with the Ventura County superior court seeking judicial review of the hearing officer’s decision in the manner hereinafter set forth in this chapter if the individual subject to the exclusion notice chooses to further challenge the decision. (Ord. No. 2017-004, § 1, 2-13-17)

An individual subject to the exclusion notice may seek judicial review by filing a petition for writ of mandate in the Ventura County superior court seeking to set aside the decision within 90 days of the date the decision is deemed to have been served on the individual subject to the exclusion notice, all as provided for in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. No. 2017-004, § 1, 2-13-17)

The police department will maintain an accurate database of those persons excluded from the parks and other park facilities. (Ord. No. 2017-004, § 1, 2-13-17)

It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.150, for any person subject to the exclusion notice to enter or remain in any park or park facility at any time during the period indicated by the exclusion notice. (Ord. No. 2017-004, § 1, 2-13-17)