Nacogdoches Council adopts written criminal trespass-warning policy to strengthen enforceability

The Nacogdoches City Council unanimously adopted a written policy on criminal trespass warnings on July 16, 2024, after a presentation from City Attorney Jerry Baker and remarks from Assistant Chief Bill Kennedy.

Baker told the council the proposed policy was drafted in consultation with NPD and the county attorney's office to respond to court decisions that have overturned convictions where enforcement rested on unwritten practices. "What you have before you is proposed policy ... based on those decisions," Baker said, summarizing court guidance that favored written rules listing factors for officers, clear notice of prohibited conduct, and an administrative appeal path.

Under the adopted policy officers would generally issue a verbal warning first and only issue a criminal trespass warning if the person refuses to comply. The policy also defines the content of a written warning (reasons for exclusion, the area and duration of exclusion) and provides a process for administrative review for those who believe they were wrongly warned. Baker said the policy allows skipping the verbal step for serious criminal conduct or injury.

Assistant Chief Bill Kennedy urged adoption, saying the written policy "ensures that we're able to actually ban people from city property if we have to" while preserving due process and a route to have a warning lifted through the city manager's office. A council member moved to adopt the policy; the motion was seconded and the council voted unanimously.

The new policy is intended to reduce the risk that enforcement actions will be overturned on appeal and to give both officers and residents clearer standards for handling disruptive or unlawful activity on city property. City staff indicated the policy will be implemented through departmental training and administrative procedures.