[R.O. 2012 §245.310; Ord. No. 3383 §1, 7-14-2008]
A.
Peace
Officers and employees of the Union Parks and Recreation Department
are vested with the authority to enforce the rules and regulations
established pursuant to this Article.
B.
Individuals
shall not interfere with any authorized person enforcing these rules
and regulations.
C.
Individuals
shall not refuse to leave any property, managed by the Union Parks
and Recreation Department, after being directed to leave by a Peace
Officer or any employee of the Union Parks and Recreation Department.
D.
Any
violation of this Section shall be deemed an ordinance violation.
[R.O. 2012 §245.320; Ord. No. 3383 §1, 7-14-2008]
A.
In
addition to other measures provided for violation of the rules and
regulations established pursuant to this Article, any Peace Officer
or the Park Director may exclude from all or a part of Union park
properties any person who violates any provision of the rules and
regulations of the Union Parks and Recreation Department while on
said properties. The period of time of said exclusion shall be one
hundred eighty (180) days and may be extended by the Park Security
Committee for a period up to one (1) year.
B.
A person excluded under Subsection (A) above may not enter or remain upon any part of any property, managed by the Union Parks and Recreation Department, during the period of exclusion. An excluded person who enters or remains upon any Parks Department properties from which the person has been excluded is a trespasser and may be arrested and prosecuted for trespassing.
C.
Written
notice signed by the issuing party shall be given to a person excluded
from all or part of the parks and recreation properties. The notice
shall specify the reason for the exclusion, the places and duration
of the exclusion and the consequences for the failure to comply with
the notice. The exclusion shall commence immediately upon delivery
of the notice to the excluded person. If the person to be excluded
is a juvenile, then a copy of the notice will be delivered to the
juvenile's legal custodian as well as the juvenile.
D.
An
excluded person may within ten (10) days after the commencement of
the exclusion appeal in writing to the Park Security Committee for
review of the exclusion. The appeal shall contain a copy of the exclusion
notice, a request for hearing or request for written review without
a hearing and a statement setting forth the reason that the exclusion
is invalid or improper. The Park Security Committee shall render a
decision not later than ten (10) days after receipt of the appeal
unless the appellant requests a hearing. If, as a part of a written
appeal, the excluded person requests a hearing, a hearing shall be
conducted by the Park Security Committee within ten (10) days after
receipt of the appeal and a decision shall be rendered within ten
(10) days after the hearing. At any time during the exclusion, an
excluded person may petition in writing to the Park Security Committee
for a temporary waiver of the exclusion.
[R.O. 2012 §245.330; Ord. No. 3383 §1, 7-14-2008]
A.
Not
later than ten (10) days after the commencement of this exclusion,
any person excluded from parks and recreation properties (excluded
from property managed by the Union Parks and Recreation Department)
may appeal in writing to the Park Security Committee to rescind the
exclusion, alter the places of exclusion or reduce the duration of
the exclusion. An appeal must contain a copy of the exclusion notice,
a request for a hearing or request for written review without a hearing,
a statement setting forth the reason for the appeal, and the excluded
person's current address and telephone number. The appeal should be
delivered to the office of the City Administrator for the City of
Union. The Park Security Committee shall render a decision within
ten (10) days after receipt of the appeal, unless a hearing is requested.
B.
If,
as a part of a written appeal, a hearing is requested, a public hearing
will be conducted by the Park Security Committee within ten (10) days
after receipt of the appeal, and the Park Security Committee shall
render a decision within ten 10) days after the hearing. Unless the
excluded person requests the presence of the issuing person at the
appeal hearing, the Park Security Committee may use the issuing person's
affidavit or Police report as evidence at the hearing in lieu of the
person's testimony.
[R.O. 2012 §245.340; Ord. No. 3383 §1, 7-14-2008]
A.
There
is hereby established in the City of Union a Park Security Committee
which shall have the responsibility of investigating matters of safety
relating to the Union parks system. This would include all incidents
of exclusion, where an appeal has been filed pursuant to exclusion
appeal procedures.
B.
The
Park Security Committee shall be comprised of the Chief of Police
or designee, the City Administrator or designee and the Park Director
or designee. The Chief of Police or designee shall serve as the Chairman
of such Committee and shall call a hearing thereof within ten (10)
days after receiving notice of an appeal for an exclusion. When reviewing
an appeal, the Committee shall evaluate the circumstances surrounding
the exclusion and determine whether or not to rescind the exclusion,
alter the places of exclusion or reduce or increase the duration of
the exclusion. The Park Security Committee shall have the right to
review any exclusion and shall have the right to extend any exclusion
up to one (1) year.
