8.250 Park and Park Facility Exclusions.

(1) Any City of Manitowoc police officer may exclude any person who, while present in a park or park facility, violates any applicable ordinance, statute, posted park rule, or written City policy, after being put on notice of same. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the State or Federal constitutions, unless that person is also committing acts that are not protected and violate a specific provision of law allowing for exclusion.

(2) An exclusion from a park or park facilities under the provisions of this section shall be for the specified time periods following occurrence of the following violations in a park or park facility:

(a) One day: Single incident of a park rules violation.

(b) Thirty days: Single incident of a City ordinance violation committed within any City park or park facility or two or more violations of park rules within a calendar year.

(c) One hundred eighty days: Two incidents of a City ordinance violation committed within any City park or park facility within a calendar year or an arrest for a nonviolent misdemeanor committed within any City park or park facility.

(d) One year: Three incidents of a City ordinance violation committed within any City park or park facility within a calendar year, or an arrest for a violent misdemeanor committed within any City park or park facility, or any violation of a previous ban under this section.

(3) Exclusions under this section shall cover all parks and parks facilities, regardless of the location of the incident causing the exclusion notice to be issued.

(4) Written notice shall be given to any person excluded from any park or park facility under this section. The notice shall specify the date the exclusion begins, the duration of the exclusion, the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal. The exclusion notice shall be signed by the issuing officer and state the penalty for failing to comply.

(5) Any exclusion shall begin immediately upon issuance of the exclusion notice and end at noon on the day following the end of the exclusion.

(6) A person receiving a notice of exclusion may appeal for a waiver or modification based on good cause by submitting a written request to the Police Chief, or their designee, during the period of exclusion. Upon review by the Police Chief, the exclusion shall be upheld if the exclusion notice includes information indicating that it is more likely than not that the person committed the violation and if the exclusion is otherwise in accordance with the law. The Police Chief has the authority to modify the terms of the exclusion for good cause. The decision of the Police Chief shall be final.

(7) The Police Department shall maintain an accurate database of those persons excluded from the parks and park facilities.

(8) No person subject to the exclusion notice shall enter or remain in any park or park facility at any time during the period indicated by the exclusion notice. Persons violating the terms of the exclusion notice shall be subject to a one-year ban pursuant to subsection (2)(d) of this section.

[Ord. 20-802 § 1, 2020; Ord. 13-015 § 1, 2013]