2020-O-16 - Chapter 12 ORDINANCE NO. 2020-0-16
AN ORDINANCE AMENDING AND RESTATING
CHAPTER 12 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE I (IN GENERAL) BY ADDING
SECTION 12-2 (TRESPASS WARNINGS ON PUBLIC
PROPERTY AND OTHER PROPERTY GENERALLY
OPEN TO THE PUBLIC); OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is necessary for the preservation and enhancement of the public health, safety
and welfare and in the best interest of the city and its citizens to amend Chapter 12 (Offenses and
Miscellaneous Provisions), Article I (In General) of the Code of Ordinances by adding Section
12-2 (Trespass warnings on public property and other property generally open to the public.
NOW THEREFORE,BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
PART A. AMEND CHAPTER 12 (OFFENSES AND MISCELLANOUS
PROVISIONS), ARTICLE I (IN GENERAL) BY ADDING SECTION 12-2
(TRESPASS WARNINGS ON PUBLIC PROPERTY AND OTHER
PROPERTY GENERALLY OPEN TO THE PUBLIC), OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA
Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) is amended to
add Section 12-2 (Trespass warnings on public property and other property generally open to the
public) pursuant to Exhibit"A", which is attached and incorporated herein.
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PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Vice Mayor Conroy with Second by Councilwoman Power
the vote on the first reading of this ordinance held on June 1, 2020,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by , with Second by
) the vote on the public hearing/second
reading of this ordinance held on July 6, 2020 was as follows:
AYE NAY
Mayor Mike Thomas �+
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe .YC �-I
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this 6th day of July, 2020.
ATTEST: CITY COUNCIL OF THE
CITY OF DG A R, FLORIDA
Robin L. Matusick, CMC Mike Th mas
City Clerk/Paralegal Mayor-
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 6th day of
legality by: Aaron R. Wolfe, Esquire July, 2020 under Agenda Item#8
City Attorney
Doran, Sims, Wolfe, Ciocchetti & Yoon
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EXHIBIT "A"
CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS)
ARTICLE I (IN GENERAL)
Sec. 12-2. ReSe;=: Trespass warnings on public property and other property
generally open to the public.
fal The City Manager and officers of the City of Edgewater Police Department are
authorized to issue a trespass warning to any individual who violates any city ordinance rule or
regulation, or state law, which violation was committed while on or within a city facility,
building, or outdoor area including municipal parks but excluding public right-of-ways. The
trespass warning shall be limited to the specific property where the violation occurred
thl For the purpose of this section "right-of-way" shall only include those sidewalks which
are adiacent to a paved street provided that the street-side edge of the sidewalk is within 20 feet
of the curb line.
Lcj Trespass warnings shall be issued as follows:
LD For the first violation, the individual may be issued a trespass warning for a
period not to exceed one year.
Q For a second or subsequent violation the individual may be issued a trespass
warning for a period not to exceed two years
A copy of the trespass warning shall be provided by mail or hand delivery to the
individual given the warning. The written trespass warning shall advise the individual of the
right to appeal and the location at which to file the appeal
(e) Any person found on or within any city facility, building or outdoor area including
municipal parks, in violation of a trespass warning may be arrested for trespassing except as
otherwise provided in this section.
�ft The City Manager may, upon written request authorize an individual who has received a
trespass warning to enter the property or premises to exercise his or her First Amendment rights
if there is no other reasonable alternative location to exercise such rights or to conduct necessary
municipal business. Such authorization must be in writing shall specify the duration of the
authorization and any conditions thereof, and shall not be unreasonably denied
W This section shall not be construed to limit the authority of any city employee or official
to issue a trespass warning to any person for any lawful reason for any city property, including
right-of-ways when closed to general vehicular or pedestrian use when necessary or appropriate
in the sole discretion of the city employee or official
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This section shall not be construed to limit the authority of officers of the City of
Edgewater Police Department to cite or arrest individuals for violating any section of the City of
Edgewater Code of Ordinances or the Florida Statutes
D Appeal of trespass warning A person to whom a trespass warning is issued under this
section shall have the right to appeal as follows:
LU An appeal of the trespass warning must be filed in writing, within ten 10 da s
of the issuance of the warning and shall include the appellant's name address and phone
number, if any. No fee shall be charged for filing the appeal
(22) The appeal shall be filed at the location specified in the trespass warning_
Appeals shall be heard by the Special Magistrate with whom the city contracts to
Provide this service.
M Within five (5) days following the filing of the appeal the Special Magistrate
shall schedule a hearing. Notice of the hearing shall be provided to the appellant in the following
ways:
Lal By posting the notice at the City of Edgewater City Hall and
J121 By mail if an address has been provided. In the event of non-delivery,
then the notice posted at the City of Edgewater City Hall shall be sufficient
fQ The Special Magistrate shall hold the hearing as soon as possible In no event
shall the hearing be held sooner than seven (7) days following the filing of the appeal and no
later than thirty(30) days from the filing of the appeal
Copies of documents in the city's control which are intended to be used at the
hearing, and which directly relate to the issuance of the trespass warning to the appellant shall
be made available upon request to the appellant at no cost
Q The appellant and the city shall have the right to attend the hearing with an
attorney, the right to testify, to call witnesses to cross-examine witnesses and to present
evidence. The appellant shall have the right to have a court reporter present at the hearing, at his
or her own expense.
The Special Magistrate shall consider the testimony, reports or other documentary
evidence, and any other evidence presented at the hearing Formal rules of evidence shall not
apply, but fundamental due process shall govern the proceedings
The city shall bear the burden of proof by clear and convincing evidence that the
trespass warning was properly issued pursuant to the criteria of this section
10 If the appellant fails to attend a scheduled hearing the Special Magistrate shall
review the evidence presented and determine if the trespass warning was properly issued
pursuant to the criteria for this section.
Within five (5) days of the hearing the Special Magistrate shall issue a written
decision on the appeal, including findings of fact based on evidence of record and conclusions
of law, which shall be mailed to the appellant at the address provided If no address is provided
a copy of the decision shall be posted at the City of Edgewater City Hall
The decision of the Special Magistrate shall be final and the appellant shall be
deemed to have exhausted all administrative remedies Such decision may be subiect to iudicial
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review in the manner provided by law b the appellant The city may not appeal any decision of
the Special Magistrate.
L31 The trespass warning shall remain in effect during the appeal and review process
including any iudicial review.
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