Council approves first reading of trespass-on-public-property ordinance, adds formal appeals process

The City Council on Jan. 21 approved on first reading an ordinance creating Article 5 (Trespassing) under Chapter 16 of the City Code and adding Section 16‑101, which authorizes trespass warnings on public property and establishes an administrative appeal process to the city manager.

Deputy City Attorney Ernie Mueller said the ordinance “reaffirm[s] the city's right to issue a trespass warning to someone on public or city property for a period of 1 year” and, importantly, creates a process for a person issued such a warning to appeal to the city manager. Mueller described elements the ordinance will set out, including where to file an appeal, hearing scheduling, timelines for a decision and rules governing notice.

Police Chief Ken Albana told the council the draft largely mirrors current practice on private property and gives staff discretion so that “an indiscretion or a mistake in one location” does not automatically ban someone from all city facilities. Albana said officers already issue trespass warnings when staff exhaust other options and that the new ordinance’s principal change is the formal appeals mechanism.

Council members asked whether a trespass from one park would bar entry to other parks and whether staff could vary the length of warnings. Mueller said the ordinance as drafted ties a trespass warning to the specific property where the conduct occurred but the city manager, through the appeals process, could rescind or shorten a warning. He also said he would work with police on possible drafting changes to address systems such as multiple park locations.

The ordinance cleared first reading and will return for a second reading and public hearing Feb. 4, 2025.