The city council hereby authorizes all officers of the city police department holding the rank of sergeant or higher to issue criminal trespass notices as authorized by V.T.C.A. Penal Code Section 30.05(a) to any person who, while present in a city park:
(1) 
Engages in disorderedly conduct as defined in Penal Code Section 42.01;
(2) 
Obstructs any street within a city park as defined in Penal Code Section 42.03;
(3) 
Is intoxicated or is conspicuously consuming any alcoholic beverage;
(4) 
Engages in criminal mischief as defined in Penal Code Section 28.03; or
(5) 
Engages in conduct that, under the circumstances then apparent, unreasonably interferes with the rights of others to peaceably use and enjoy the city parks.
(Ordinance 910 adopted 5/7/07)
(a) 
The duration of any criminal trespass notice shall be set by considering:
(1) 
The severity of the conduct;
(2) 
The person’s history of misconduct in public parks;
(3) 
The circumstances surrounding the issuance, as known to the issuing officer.
(b) 
Criminal trespass notices issued shall be for a period not to exceed one year from the date of its issuance.
(Ordinance 910 adopted 5/7/07)
(a) 
Any person to whom a criminal trespass notice is issued may appeal its issuance, its terms, or its duration, to the city manager, who may sustain its issuance, modify its terms and duration, or vacate it, as he finds proper.
(b) 
Any person appealing the issuance of a criminal trespass notice must do so, by delivering a written notice to the city manager within ten (10) days after its issuance. Upon receipt of the written notice, the city manager will schedule a hearing to hear the appeal. The hearing will not involve any formal rules of procedure, but will provide an opportunity to fairly present the basis of the appeal.
(Ordinance 910 adopted 5/7/07)
Any criminal trespass notice issued will remain in effect during the period during which it is being appealed.
(Ordinance 910 adopted 5/7/07)