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Special magistrate upholds trespass warning for Tuscawilla Park dog walker

5502154 · July 23, 2025
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Summary

Special Magistrate Robert Riggio denied Virgil Hamm’s appeal of a trespass warning issued June 1, 2025 for Tuscawilla Park, finding the city’s posted rule and prior verbal notice satisfied ordinance requirements; the one-year trespass remains in effect.

Special Magistrate Robert Riggio denied an appeal on July 22, 2025 by Virgil Hamm of a trespass warning issued for Tuscawilla Park at 1000 Orange Avenue.

Riggio said the city met the elements of City of Daytona Beach code sections 86-34 and 86-43 by showing Hamm was on city property before posted park hours and that the rule was made known either by signage or by police officers who had warned him earlier. The magistrate therefore refused to overturn the June 1, 2025 trespass warning, which remains in effect for one year from that date.

The city introduced a time-stamped Axon (body-worn camera) clip and a…

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