HomeMy WebLinkAboutAdministrative Order No 2018-02 - Adoption of Policy Restricting Access to City Property i
ADMINISTRATIVE ORDER 2018 —02
Adoption of Policy Restricting Access to City Property
The following administrative procedures are hereby adopted:
I. Authority. The use of City of Bozeman public facilities, including its parking facilities,
library,city hall,swim center,parks,and other facilities is a privilege and use by an individual,
which interferes with the orderly conduct of City business or the safety and security by other
persons,must be addressed.As such,the City may prohibit,limit,suspend or otherwise restrict
access to or use of its buildings, facilities or other properly as necessary to provide for the
orderly conduct of the City's business,services and programs and the safety and security of all
persons visiting or utilizing such City property.
2. Purpose. To establish procedures for the temporary or permanent banning of an individual
from City property, programs, or services based on behavior that violates the Bozeman
Municipal Code or a facility's or program's established rules and regulations. This Policy is
narrowly tailored to protect the safety and security of the public and City Staff, protect users'
rights to participate in City programs and be present on City property without unreasonable
interference, protect City staff's right to perform their jobs without reasonable interference,
ensure the integrity of City property, and fairly enforce penalties for violations.
The City will not deny, directly or indirectly, any person full and equal access or
enjoyment of City property, facilities, programs, activities, or privileges for any
discriminatory reason.
3. Applicability. This Policy applies in all City buildings, facilities or other City property.
4. Responsibility.
a. Administration. The City Manager will administer the Policy.
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b. Adoption of rules and regulations. The City Manager, Assistant City Managers,
Department Directors, Library Director, and Parking Program Manager are authorized
to establish rules and regulations applicable to particular City facilities and programs
that fall within their scope of authority. It is the responsibility of such City
Representatives to ensure rules and regulations applicable to City facilities and
programs are made readily available to the public by posting in a conspicuous location
and are on file in the Department and City Manager's office. The City Attorney must
approve all such rules for legal content prior to implementation. Rules will be adopted
by Administrative Order of the City Manager.
c. Enforcement. Department staff, Bozeman Fire personnel, and/or Bozeman police
officers are authorized to intervene as necessary to enforce rules and regulations and
stop prohibited activities and behaviors.
5. Enforcement Procedures.
a. City staff may issue an oral or written warning to any individual violating this Policy
or applicable rules and regulations. Although violators may receive an oral warning
and be given a chance to rectify their behavior before privileges are lost, any individual
act may result in loss of privileges without prior warning.
b. For multiple or serious offenses,the City Manager,the Assistant City Manager,Police
Chief,Bozeman Police Officers,Fire Chief, Library Director,Department Director,or
Parking Program Manager may suspend or revoke the violator's privilege to enter a
property or facility,be present on City-owned grounds, or participate in City programs
for a period of one day to three years or more depending on the severity of the offense
as determined by the Director by providing the violator with notice in writing,
delivered in person or by first-class mail, describing the nature of the violation and the
period of revocation of privileges.
c. For City facilities other than City Hall and the Bozeman Public Library,a decision
to suspend or revoke privileges pursuant to this Policy may be made by a Bozeman
Police officer if such officer believes, in their reasonable discretion, that such a
restriction is necessary to achieve the purposes of this Policy and prior consultation
with the City Manager, City Attorney, or applicable department's management
personnel is not practicable. In such event,issuance of the written notice of suspension
or revocation will be communicated promptly thereafter to the City Attorney.
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6. Appeals. Except for the Bozeman Public Library', individuals have the opportunity to appeal
the decision suspending or revoking City privileges to the Bozeman City Manager. The
following requirements apply to all appeals:
a. Individuals must present their appeal by delivering a written statement addressing the
basis of the appeal to the City Clerk, 121 N. Rouse, Bozeman MT 59771 within thirty
(30) days of the date of the written notice. Any notice of appeal made after the 30-
day deadline will not be considered.
b. The individual submitting the appeal will receive a written statement of the City
Manager's decision regarding the appeal within thirty(30) days of the submission of
the appeal.
c. Documents and communications related to the appeal are public information
unless the City Attorney's office determines that the appellant's right to privacy
exceeds the public's right to know.
DATED this day of 12018.
Andrea Surratt, City Man er
'The Bozeman Public Library has adopted alternative appeal procedures using the Bozeman Library Board of Trustees.
That appeal process is explained in the Library's behavior policy,which can be found at
hltps://www.bozemanlibrga.orgjaboqttpolicies or by contacting the Library at 626 E.Main Street,Bozeman MT 59715.
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