5-10.1A Disorderly Conduct on Park Property and Order to Vacate Any Property Maintained by the City.
a. Any person who receives a citation or is arrested on City park or beach property or any property maintained by the City of Clearlake for a violation of the City of Clearlake Municipal Code or State law may be ordered by the citing/arresting police officer at the time of the citation/arrest to vacate that park or beach property and not to re-enter said property again for the period of time specified below. Any such order shall apply to either park or beach property at which the citation/arrest occurs and to any other park or beach property maintained by the City of Clearlake. Any person who violates such an order from a City officer shall be guilty of a misdemeanor and subject to arrest as permitted by law.
1. First Offense. Violator must vacate City property for twenty-four (24) hours from the time of the citing/arresting officer’s order.
2. Second Offense within One (1) Week of the First Offense. Violator must vacate City property for one (1) week from the date of the citing/arresting officer’s order in response to the second offense.
3. Third Offense within Thirty (30) Days of the Second Offense. Violator must vacate City property for thirty (30) days from the date of the citing/arresting officer’s order in response to the third offense.
4. Fourth Offense within Six (6) Months of the Third Offense. Violator must vacate City property for six (6) months from the date of the citing/arresting officer’s order in response to the fourth offense.
5. Fifth Offense within One (1) Year of the Fourth Offense. Violator must vacate City property for one (1) year from the date of the citing/arresting officer’s order in response to the fifth offense.
b. Any person who receives an order to vacate pursuant to this section and who desires to appeal that order shall, within five (5) business days of the order, file a written notice of appeal with the City Manager. The City Manager or the City Manager’s designee shall hear the appeal within two (2) business days from the date the written appeal is received by the City Manager’s office. The appeal shall list the appellant’s full contact information including a phone number, if any.
1. The appellant shall be notified of the date, time and location of the appeal hearing. The appeal board shall consist of the Clearlake City Manager, or his/her designee, the City of Clearlake Chief of Police, or his/her designee, and the City of Clearlake Public Works Director, or his/her designee. The appellant must personally appear at the appeal hearing, may call witnesses, may provide any evidence and may hear and examine the City officer who issued the order. Alternatively, the appellant may set forth the basis for the appeal and the arguments in support of the appeal in the written appeal notice and waive the appeal hearing.
2. The appeal hearing shall not be governed by the rules of evidence.
3. If the appeal board determines by a preponderance of the evidence that the appellant did not engage in the conduct for which the order to vacate was issued, the order to vacate shall be immediately withdrawn and of no further force or effect.
4. The appeal board shall issue a decision on the appeal no later than twenty-four (24) hours after the appeal hearing has been completed or the appeal notice waiving the hearing has been submitted. The decision of the appeal board shall be final. (Ord. #179-2015)