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HomeMy WebLinkAbout2026-05 Code Amendment - Control of Access to Village-Owned, Controlled, and Leased PropertyORDINANCE NO. 2026-05 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," TO ADOPT A NEW SECTION 19-14, "CONTROL OF ACCESS TO VILLAGE - OWNED, CONTROLLED, AND LEASED PROPERTY," AND A NEW SECTION 19-15, "TRESPASS WARNINGS ON PUBLIC PROPERTY AND OTHER PROPERTY GENERALLY OPEN TO THE PUBLIC;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, the Village of North Palm Beach has the authority to exercise any power for municipal purposes, except when expressly prohibited by law, and the power to enact ordinances in further of such authority; and WHEREAS, consistent with decisions of the United States Supreme Court, the Village may regulate public access to areas within enclosed facilities owned, controlled, or leased by the Village depending on whether such areas are classified as a designated public forum, limited public forum, or nonpublic forum based on their intended use; and WHEREAS, the Village Council wishes to provide regulations governing access to Village facilities under the authority of the Village Manager; and WHEREAS, the Village Council further finds that the presence of individuals who have violated state law or Village ordinances, rules, and regulations on Village property creates a threat to the safety and welfare of Village residents and visitors; and WHEREAS, the Village wishes to prescribe a method for the issuance of trespass warnings for individuals who violate state law or Village ordinances, rules, and regulations on Village property and provide an opportunity for a hearing to address the alleged deprivation of any constitutionally protected liberty interest as required by Catron v. Village of Si. Petersburg, 658 F.3d 1260 (11`" Cir. 2011); and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article I, "In General" of Chapter 19, "Offenses and Miscellaneous Provisions," of the Village Code of Ordinance by adopting a new Section 19-14 and a new Section 19-15 to read as follows: Page 1 of 7 Sec. 19-14. Control of access to village -owned, controlled, and leased property. (a) The village wishes to regulate access to areas within enclosed facilities owned, controlled, and leased by the village depending upon whether such areas are classified as a designated public forum, a limited public forum, or a nonpublic forum. Such designation is based on the intended use of the area. By way of example, there are areas within village facilities that are intended primarily for the use of village employees in the conduct of their business; there are areas which, while primarily intended for the use of village employees in the conduct of their business, may from time to time be utilized for the convening of public meetings; there are certain limited areas which may be open to the public while engaging in legitimate business with Village officers or employees; and there may be certain areas which are primarily intended for the convening of public meetings. (b) The village manager is hereby authorized to manage public access to enclosed village -owned, controlled, and leased property. In the performance of such responsibilities, the village manager shall have the authority to identify which areas are to be considered a designated public forum, a limited public forum, or a nonpublic forum. (c) Upon the classification of areas within enclosed Village -owned, controlled, and leased property, the village manager is hereby authorized, subject to the availability of appropriated funds, to employ whatever means the manager deems necessary and appropriate to separate designated public forums from nonpublic forums, including, but not limited to the use of physical barriers and signage. The village manager shall also have the authority to develop and implement procedures to regulate and control public access within village -owned, controlled, and leased property to provide for the security and privacy of public visitors; to provide for the security and privacy of village employees and officers; and to minimize potential disruptions to the work of village government, including, but not limited to, materially interfering with village operations and preventing staff from performing official duties. Any person who engages in conduct that causes disruptions to the work of village government shall be deemed to no longer be present within village -owned, controlled, or lease property on legitimate public business. (d) The village council chambers and the village hall conference room are hereby declared to be nonpublic forums unless and until a public meeting is convened in such areas pursuant to public notice. All village employee work areas within village hall, the village library, the public safety building, the community development department offices, the public works building, the community center, and the anchorage park activities building which are designated by appropriate signage as work areas shall be considered nonpublic forums. Members of the public are prohibited from entering village employee work areas without being escorted by a village employee. All other areas of village hall, the public safety building, the community development department offices, the public works building, and the anchorage park activities building are hereby designated as limited public forums and only persons who are present to engage in legitimate public business shall be authorized. It shall be a violation of this section to be within a nonpublic forum or a Page 2 of 7 limited public forum without authorization. Unauthorized persons found by the village manager or the manager's designee to be within a nonpublic forum or a limited public forum and who refuse to leave the premises upon request, shall be considered a trespasser. Village law enforcement officers, at their option or at the request of the village manager or the manager's designee, may issue a trespass warning notice for this conduct. (e) Except within the village council chambers, the village hall conference room, and any other location in which a public meeting is being conducted pursuant to a public notice, it shall be unlawful and a violation of this section to record video and/or sound within village -owned, controlled, and leased property, without the consent of all persons whose voice or image is being recorded. This prohibition shall not apply to any law enforcement activities. In addition to being a violation of this section, if anyone who is observed to be recording video and/or sound within village - owned, controlled, or leased property, without the consent of all persons whose voice or image is being recorded, and such person refuses to cease activity after being advised that such activity is prohibited under this section, such refusal shall be considered to be a disruption to the work of village government. Therefore, such persons shall be deemed to no longer be present within the village -owned, controlled, or leased property on legitimate public business. The village manager or the manager's designee is hereby authorized to request any person who refuses to cease the unconsented video and/or sound recording to immediately leave the premises. Any person who refuses to cease the unconsented video and/or sound recording and refuses to immediately leave the premises at the request of the village manager or the manager's designee, shall be considered as a trespasser. Village law enforcement officers, at their option or at the request of the village manager or the manager's designee, may issue a trespass warning notice for this conduct. (f) The village manager or the manager's designee may have cause to remove any person he or she determines acts in any manner which violates any village rule or policy, including the facility rules, or any directive on any sign or notice at the public property. The village manager or the manager's designee is hereby authorized to warn persons of this prohibited activity and request such activity to cease. Village law enforcement officers, at their option or at the request of the village manager or the manager's designee, may issue a trespass warning notice for this conduct. (g) The village manager or the manager's designee are hereby authorized on behalf of the village to warn persons who have entered into or remain in areas where they are not authorized to be, and to request such persons to depart. The village manager or the manager's designee is hereby authorized to call upon village law enforcement officers to treat as trespassers any persons who refuse to depart after such a request has been made. Village law enforcement officers, at their option, may enforce any person's refusal to depart by means of Section 810.08 and 810.09, Florida Statutes or issue a trespass warning notice. (h) Facility rules. The following conduct is prohibited within the interior spaces of all Village -owned, controlled, and leased buildings: Page 3 of 7 (1) Engaging in any conduct prohibited by federal, state, or county law or by Village ordinance. (2) Possessing any weapons, except as specifically permitted by law. (3) Smoking, chewing tobacco, use of e -cigarettes or vaping devices, or carrying any lighted or smoldering pipe, cigar, or cigarette. (4) Disruptive, harassing, or unsafe behavior, including conduct which interferes with village employees or village officials in the performance of their duties, or interferes with the proper use of the village facility by others. (5) Abusive or harassing behavior, including the use or display of obscene language, gestures, or graphics. (6) Blocking entrances, exits, fire exits, access areas, or otherwise interfering with the provision of services or the use of village property. (7) Entering or remaining in nonpublic areas without authorization. (8) Any act which could result in substantial risk of harm to persons or property. (9) Disrupting village business, events, or other village sponsored or authorized activities. (10) Leaving unattended packages, backpacks, luggage, or other personal items (any such items are subject to immediate confiscation). (11) Possession of illegal drugs. (12) Posting or affixing to village property without permission from the village manager or the manager's designee, any signs, leaflets, posters, flyers, pamphlets, brochures, and written, pictorial or graphic material of any kind. (14) Tampering with or unauthorized use of building or facility systems or devices, including electrical, plumbing, locks, doors, or cameras. (15) Remaining in a Village building after posted hours of operation or after the conclusion of an authorized "after hours" public meeting or event. A copy of the foregoing facility rules may be posted in proximity to public entrances to Village -owned, controlled, and leased buildings. Page 4 of 7 Sec. 19-15. Trespass warnings on public property and other property generally open to the public. (a) A trespass warning may be issued by the village manager, the manager's designee, or a village law enforcement officer to any individual who violates any federal law, state law, or village ordinance, rule, or regulation, which violation was committed while on or within any village -owned, controlled, and leased buildings, or any outdoor area that is open to the general public, including municipal parks. The trespass warning shall be limited to the specific property where the violation occurred. (b) Trespass warnings shall be in writing and issued for a period not to exceed two (2) years. (c) A copy of the trespass warning shall be provided by mail or hand delivery to the individual given the warning. The written trespass warning shall advise of the right to appeal and the location at which to file the form to initiate the appeal. (d) Any person found on or within any village -owned, controlled, and leased buildings, or any outdoor area, including municipal parks, in violation of a trespass warning issued in accordance with this section may be arrested for trespassing, except as otherwise provided in this section. (e) The village manager or the manager's designee may, upon request, 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 municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied. (0 This section shall not be construed to limit the authority of any village employee, official, or law enforcement officer to issue a trespass warning to any person for any lawful reason on any village -owned, controlled, and leased buildings, or any outdoor area, including rights -of -way when closed to general vehicular or pedestrian use, when necessary or appropriate in the sole discretion of the village employee or official. (g) This section shall not be construed to limit the authority of village law enforcement officers to arrest or cite individuals for the violation of any section of the village's code of ordinances or the Florida Statutes. (h) Appeal of trespass warning issued under this section shall have the trespass warning as follows: A person to whom a trespass warning is the right to appeal the issuance of (1) An appeal of the trespass warning must be filed, in writing, to the village clerk, within ten (10) days of the issuance of the warning. The request shall include the appellant's name, date of issuance Page 5 of 7 of trespass warning, and the appellant's current telephone number, mailing address, and e-mail address (if applicable). The village will mail the notice of hearing by regular mail to the mailing address provided and by e-mail to the e-mail address provided. No fee shall be charged for filing the appeal. (2) Appeals shall be heard by the village's special magistrate with whom the village contracts to provide this service. The special magistrate appointed to hear code enforcement hearings may be used to conduct these hearings. (3) If the appellant fails to contest the trespass warning within the time afforded by the trespass warning, or if the appellant fails to appear at the special magistrate hearing, the appellant shall have waived all rights to a hearing. (4) The special magistrate shall hold the hearing as soon as possible. In no event shall the hearing be held later than forty (40) days from the filing of the appeal. (5) Each case before a special magistrate shall be presented by the village attorney or by a member of village staff. (6) All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (7) At the conclusion of the hearing, the special magistrate shall issue findings of fact based on evidence of record and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. (8) If the special magistrate determines the trespass warning was properly issued, the appellant shall be responsible for the administrative costs of the hearing. (9) The decision of the special magistrate shall be final, and the appellant shall be deemed to have exhausted all administrative remedies. An aggrieved party, including the local governing body, may appeal a final administrative order of a special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate. An appeal shall be filed with thirty (30) days of the execution of the order to be appealed. The village attorney or designee is hereby authorized to defend such appeals on behalf of the village and/or special magistrate. (10) The trespass warning shall remain in effect during the appeal and review process, including any judicial review. Page 6 of 7 (i) Village law enforcement officers may enforce any violation of a trespass warning by means of Sections 810.08 and 810.09, Florida Statutes. (j) Nothing in this section shall be construed to limit the village's ability to trespass any individual from any village -owned, controlled, or leased property that is not open to the public. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 9TH DAY OF APRIL, 2026. PLAC P31E , FINAL READING AND PASSED THIS 23RD DAY OF APRIL, 2026. (Vil ;SRIPRIDA ;� MAYOR ATTE * GE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 7 of 7