2021-O-01 - Chapter 12 ORDINANCE NO.2021-0-01
AN ORDINANCE AMENDING AND RESTATING CHAPTER 12
(OFFENSES AND MISCELLANEOUS PROVISIONS),ARTICLE I
(IN GENERAL) BY AMENDING 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 CONFLICTING 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 amending 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 MISCELLANEOUS
PROVISIONS), ARTICLE I (IN GENERAL) BY AMENDING 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) Section 12-2
(Trespass warnings on public property and other property generally open to the public) is amended
pursuant to Exhibit"A",which is attached and incorporated herein.
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hereby superseded by this ordinance to the extent of such conflict.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
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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.
PART F. ADOPTION
After Motion to approve to include changing paragraph i (14) to read "... police chief and city
manager..." by Councilwoman Power, with Second by Councilwoman O'Keefe, the vote on the first
reading of this ordinance held on January 11,2021, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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After Motion to approve by CSx ar-x,Ju..ti v1ux--1 VoLuer with Second by
(cLLI1CL-1 JOj'ytati 01 C I7 r the vote on the public hearing/second reading
of this ordinance held on February 1,2021 was as follows:
AYE NAY
Mayor Mike Thomas `,
Councilwoman Christine Power �(
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe x
Councilman Jonah Powers
PASSED AND DULY ADOPTED this 1S`day of February,2021.
ATTEST: CITY COUNCIL OF THE
C OF EDGEWA R, FLORIDA.,
c3A I I)
Bonnie Brown,CMC ' e Tho Tar
City Clerk :yor
d •
1
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 1' day of
legality by: Aaron R. Wolfe, Esquire February,2021 under Agenda Item#8 a-
City Attorney
Doran, Sims, Wolfe,& Yoon
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EXHIBIT"A"
CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS)
ARTICLE I (IN GENERAL)
Sec. 12-2. Trespass warnings on public property and other property generally open to the
public.
(a) 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.
(b) For the purpose of this section, "right-of-way" shall only include those sidewalks which are
adjacent to a paved street, provided that the street-side edge of the sidewalk is within 20 feet of the curb
line.
(c) Trespass warnings shall be issued as follows:
(I) For the first violation, the individual may be issued a trespass warning for a period not to
exceed one year.
(2) For a second or subsequent violation,the individual may be issued a trespass warning for
a period not to exceed two years.
(d) 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.
(f) 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.
(g) 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.
(h) 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.
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(i) Appeal of trespass warning. A person to whom a trespass warning is issued under this section
shall have the right to appeal as follows:
'n (1) An appeal of the trespass warning must be filed, in writing,
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.
(2) The appeal shall be filed at the location specified in the trespass warning.
(3) Appeals shall be heard by the Special Magistrate with whom the city contracts to provide
this service.
(4) 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:
(a) By posting the notice at the City of Edgewater City Hall,and
(b) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(11) 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.
(12) 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 subject to judicial review in the
manner provided by law by the appellant. The city may not appeal any decision of the Special
Magistrate.
(13) The trespass warning shall remain in effect during the appeal and review process,
including any judicial review.
(14) The Chief of Police ands City Manager have the authority to rescind a trespass warning
issued in which the City of Edgewater is the complainant. The rescinding of the trespass warning may
occur prior to the appeal hearing with the Special Magistrate.
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