TO: Honorable Mayor & Members of the North Port Commission
FROM: Jason Yarborough, ICMA-CM, Interim City Manager
TITLE: An Ordinance of The City of North Port, Florida, Amending the Code of the City of North Port, Florida to Establish a Process and Authorize City Law Enforcement Officers to Trespass an Individual from Public Property, by Creating Section 46-2 - Trespass Warnings on Public Property; Providing for Conflicts; Providing for Severability; Providing for Codification ; and Providing an Effective Date.
Recommended Action
Approve Ordinance No. 2021-02 on first reading and schedule for second reading on February 09, 2021.
Recommended Action for Second Reading
Approve and adopt Ordinance No. 2021-02
Background Information
The intent of this ordinance is to provide consistency and uniformity when an individual is trespassed from City property and to formalize the process for the Police Department to issue trespass warnings on City property and on private property that is subject to public access easement. Furthermore, this ordinance will ensure that an individual is not deprived of their constitutionally protected right to move at liberty in public places without due process of law. The City will provide a process and procedure that allows an individual to appeal a trespass warning, challenge a trespass warning, and have a trespass warning rescinded.
Background Information for Second reading
On January 12, 2021, the City Commission continued this ordinance to the second reading, with the removal of an extra word on line nine:
WHEREAS, Florida law authorizes the City of North Port Police Department ("Police Department") to warn an individual violating the Code of the City of North Port, Florida ("City Code), a City facility rule, or any Florida law that the individual must leave the City property and not return for to the City property for one year; and
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