City amends public trespass ordinance

The city of Sarasota currently allows its police officers to issue verbal trespass warnings to those in violation, but the city attorney said that’s become a problem.

City attorney Robert Fournier presented commissioners Monday, May 21, with a change to a city ordinance that establishes a process for the issuance of trespass warnings on public property.

The town’s current code, according to Fournier, doesn’t comply with a recent federal appeals court ruling in a case that challenged the constitutionality of the city of St. Petersburg’s trespass warning ordinance.

Using Selby Five Points Park as an example, Fournier said under the current ordinance police could issue a verbal warning for people not to come back to the park for a year if they are trespassing after hours.

“But a recent ruling states there has to be a way to appeal the warning so those who appeal and win can enter the public place again sooner,” Fournier said.

Fournier instituted a 60-day suspension of the verbal trespass warnings while the ordinance was amended to include a written warning that gives violators seven days to appeal at the police station.

The city’s revised code, which was approved unanimously by the commission Monday, now allows the person receiving a warning to contest the trespass warning if he or she doesn’t believe they committed a violation.

Michael Barfield, chairman of the Sarasota chapter of the ACLU Legal Panel, suggested an ordinance wasn’t necessary because there are existing laws on the books already for trespass warnings that police officers can follow. Barfield also suggested a 10-day appeal and that written hearing dates be mailed to violators if an appeal is presented at a hearing.

Fournier said Barfield’s suggestions regarding a 10-day appeal and mailings of hearing dates could be considered while he works out the administrative details with city staff.

Peter Fanning, president of the Downtown Sarasota Condominium Association, told commissioners that he and other downtown residents are looking forward to the return of the public trespass-warning program in its new form.

“I have received a number of comments from members and downtown residents questioning the reasonableness of (the trespass warning) suspension for 60 days,” Fanning said. “I have assured them a quick and reasonable solution is forthcoming.”

Procedure non-compliance
The current procedure for the issuance of trespass warnings on public property does not comply with a recent federal appeals court ruling that challenged the constitutionality of the city of St. Petersburg’s trespass warning ordinance. The court said that when a trespass warning is given, there must be a process in place for the person who receives a warning to be able to contest the warning. In order to be able to prove that the person given the trespass warning was also notified of the right to contest the warning, the warning must now be given in writing.