§ 17-8. Trespass warnings; authorization to issue trespass warning for public property; and appeal process.

(a)

Scope. For purposes of this section, the term "county facility" shall mean any parcel of property owned or leased by the county, including but not limited to government centers, vacant parcels, fire stations, libraries, parks, and beaches. A "county facility" does not include a county maintained right-of-way.

(b)

The county administrator and any county employee designated by the county administrator to have control over a county facility are authorized to issue a trespass warning to any individual who violates any county ordinance, rule or regulation, or state law or lawful directive of a county employee or deputy sheriff, if said violation is committed while on or within a county facility for the specific property where the violation occurred.

(c)

When no county employee designated by the county administrator is present at a facility, the sheriff and his deputies, or any state or municipal law enforcement officer present is authorized to issue a trespass warning to any individual who violates any county or city ordinance or state law which was committed while on or within a county facility for the specific facility where the violation occurred.

(d)

Trespass warnings shall be issued as follows:

(1)

For the first violation, the individual may be issued a trespass warning for a period not to exceed one year.

(2)

For a second or subsequent violation, the individual may be issued a trespass warning for a period not to exceed two years.

(e)

A copy of the trespass warning shall be provided by mail or hand delivery to the individual and to the county employee or deputy having control over the county facility. The written trespass warning shall advise of the right to appeal and the manner for filing the appeal.

(f)

Any person found on or within any county facility in violation of a trespass warning may be arrested for trespassing, except as otherwise provided in this section.

(g)

The county administrator may authorize an individual who has received a trespass warning to enter the property or premises to exercise his or her First Amendment rights if there is no other reasonable alternative location to exercise such rights or to conduct necessary county business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof and shall not be unreasonably denied.

(h)

This section shall not be construed to limit the authority of any county employee or deputy to issue a trespass warning to any person for any lawful reason for any county property, including rights-of-way when closed to general vehicular or pedestrian use, when necessary or appropriate in the sole discretion of the county employee or deputy.

(i)

Appeal of trespass warning. A person to whom a trespass warning is issued under this section shall have the right to appeal as follows:

(1)

An appeal of the trespass warning must be filed, in writing within three business days of the issuance of the warning, and shall include the appellant's name, address, and phone number, if any. No fee shall be charged for filing the appeal.

(2)

The appeal shall be filed at the office of the Monroe County Administrator, located at 1100 Simonton Street, Suite 205, Key West, Florida 33040.

(3)

Appeals shall be heard by the county administrator or his designee.

(4)

Within five business days following the filing of the appeal, the county administrator or his designee shall schedule a hearing. Notice of the hearing shall be provided to the appellant by:

a.

Written notification sent to an address provided by the individual to the county administrator; and

b.

Posting the notice at the Monroe County Administrator's Office;

c.

If appellant cannot be reached by mail, then notice posted at the county administrator's office shall be sufficient.

(5)

The county administrator or his designee shall hold the hearing as soon as possible. In no event shall the hearing be held sooner than seven days following the filing of the appeal and no later than 15 days from the filing of the appeal.

(6)

Copies of documents in the county's control which are intended to be used at the hearing, and which directly relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost.

(7)

At his or her own expense, the appellant shall have the right to attend with an attorney, the right to testify, to call witnesses, to cross-examine witnesses and to present evidence. The appellant shall have the right to bring a court reporter, at their own expense.

(8)

The county administrator or his designee shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings.

(9)

The county shall bear the burden of proof by a preponderance of the evidence that the trespass warning was properly issued pursuant to the criteria of this section.

(10)

If the appellant fails to attend a scheduled hearing, the county administrator or his designee shall review the evidence presented and determine if the trespass warning was properly issued pursuant to the criteria of this section.

(11)

Within five business days of the hearing, the county administrator or his designee shall issue a written decision on the appeal which shall be mailed to the appellant at the address provided. If no address is provided, a copy of the decision shall be posted at the information desk of the Monroe County Administrator.

(12)

The decision of the county administrator or his designee shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law by the appellant.

(13)

The trespass warning shall remain in effect during the appeal and review process, including any judicial review.

( Ord. No. 023-2018 , §§ 1, 2)

Editor's note

Ord. No. 023-2018 , §§ 1, 2, adopted Sept. 19, 2018, did not specify manner of inclusion; hence, codification as § 17-8 was at the discretion of the editor.