Daytona Beach, FL – City commissioners have initially green-lighted an ordinance that gives officers and the city manager new power over lawbreakers on city property.
In their meeting last night, the Daytona Beach City Commission voted unanimously to approve the first reading of an ordinance that would give the city manager and officers with the Daytona Beach Police Department the power to issue a trespass warning to those who break city or state laws in or on a public city property.
Those areas include city parks, any public city facility or outdoor area. However, it excludes sidewalks, streets and public right of way.
For first violations, the trespass warning could last up to one year. A second violation or any ensuing violations could result in a trespass of up to two years.
Violations would be limited to the specific building the trespass warning was issued for. Anyone under a property ban found at the specific property they were banned from will be arrested for trespassing, according to the proposal.
However, the city manager may also authorize anyone with a trespass warning access to the specific public building or property they have been banned from for the purpose of First Amendment expression if no other alternative location is available. That authorization, though, must be in writing and specify the duration of the authorization and may not be denied by city employees.
An appeals process will also be available that will be heard by a special magistrate appointed by the city commission. The warning would still remain in effect throughout the appeal and review process, including judicial review.
The proposal will get a final vote in about two weeks on their August 15th meeting.
This ordinance is modeled from a similar trespass warning regulation adopted by the city of St. Petersburg, upheld by the 11th Circuit Court of Appeals in Wright v. City of St. Petersburg.