Police Department Policy

GO 218 City of Sunny Isles Beach Trespass Policy 082523

Sunny Isles Beach Police Department

Policy Text
Policy Name GO 218 Sunny Isles Beach Trespass Policy Page 1 of 6 Rev. 08/25/2023 GENERAL ORDER 218 CITY OF SUNNY ISLES BEACH TRESPASS POLICY REVISION DATE: 08/25/23 BY ORDER OF THE CHIEF OF POLICE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE:08/258/2023 PREVIOUS REVISIONS: RESCINDS: REFERENCE : GO 218.1 Trespass TABLE OF CONTENTS A.  PURPOSE ....................................................... ............................................................... .... 1 B.  SCOPE ......................................................... ............................................................... ....... 1 C.  POLICY ........................................................ ............................................................... ...... 1 D.  DEFINITIONS ................................................... ............................................................... 2 E.  PROCEDURES .................................................... ............................................................. 2 F.  APPEAL ........................................................ ............................................................... ..... 5 A. PURPOSE It is the purpose of the City of Sunny Isles Beach to maintain an environment which is open and accessible to the public. However, when an individual’s actions are deemed to be harmful and/or disruptive to a reasonable person involved in government operations and/or its individual members ; where the individual’s actions are harmful, disruptive, and/or contrary to Ci ty of Sunny Isles Beach polici es, rules or regulations; or where the individual’s actions are contrary to law, a trespass warning may be given to that individual to maintain an environment free of those disruptive, harmful, and/or unlawful influences. Denying a person access to and use of City facilities, conveyances, property and equipment is a matter which the City of Sunny Isles Beach does not take without due consideration. B. SCOPE This policy will be applicable to all public property as define d herein, in the incorporated areas of the City of Sunny Isles Beach, in accordance with City Code 195-22. C. POLICY The following policy outlines th e City of Sunny Isles Beach Tre spass Policy including the issuance, maintenance and appeals process for the issu ance of trespass warnings on Ci ty property. CITY OF SUNNY ISLES BE ACH TRESPASS POLICY Policy 218 Policy Name GO 218 Sunny Isles Beach Trespass Policy Page 2 of 6 Rev. 08/25/2023 D. DEFINITIONS Authorized Personnel: Shall mean those persons acting in their official capacity, t o request a Law Enforcement Officer to issue a Trespass Warning, as follows: a. Any city employee with management or oversight responsibility o ver the public property in question at the time the Trespass Warning is issued; b. Security personnel for any public property at the time the Tres pass Warning is issued; or c. Any Law Enforcement Officer whe n persons in subsection (a) or ( b) are not present. Conveyance: Shall have the same meaning as defined in F.S. Ch. 810, as ma y be amended from time to time. Fenced Land : Shall have the same meaning as defined in F.S. Ch. 810, as ma y be amended from time to time. Law Enforcement Officer: S h a l l m e a n a n y s w o r n l a w e n f o r c e m e n t o f f i c e r o f t h e C i t y o f S u nny Isles Beach certified pursuant to F.S. Ch. 943. Posted Land: Shall have the same meaning as defined in F.S. Ch. 810, as may be amended from time to time. Public Property : Shall mean property owned, lease d, operated or managed by the City of Sunny Isles Beach, through one of its departments, agencies, divisions or entities , including, but not limited to, structures, conveyances, parks, beaches, public natural areas, public recreation areas, trails, playgrounds, streets, sidewalks, rights-of-way, libraries, docks, pavilions, parking lots, vacant lots, fenced land, posted land, easemen ts, and other property generally used by the public. Respondent: Shall mean the person who was issued a Trespass Warning. Structure: Shall have the same meaning as defined in F.S. Ch. 810, as may be amended from time to time. Trespass: Shall have the same meaning as defined in F.S. Ch. 810, as may be amended from time to time. Trespass Warning: Shall mean a written document that provides notice to a Resp ondent that he/she is prohibited from entering or remaining on specified public property for a s pecified length of time. E. PROCEDURES 1. The issuance of a Trespass Warning to a person should be the la st resort when attempting to resolve inappropriate behavior or conduct. City employees should attemp t to resolve issues through a progressive, documented, interactive approach before the issuance of a Tresp ass Warning. 2. City of Sunny Isles Beach department directors, or their design ee, may summon law enforcement to issue trespass warnings to individuals w hose behavior interferes with , and/or violates rules, laws and/or the safety and well-being of employees or other citizens on City property, at City facilities, or while using City conveyances or services. Authorized Personnel may request a law enforcement officer to issue a trespass warning to a person and take appr opriate action if the person r ef

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