9.06.025 - Warnings to holders; suspensions, revocation, of activity card and facility use privileges.

(a)

Definitions.

(1)

"Department director" means the director of the City of Commerce parks and recreation department.

(2)

"Activity card" means any card issued for use of department of parks and recreation facilities and participation in events and programs therein.

(3)

"Facility use privilege" means use of city facilities for recreation or designated use.

(4)

"Non-resident" means a person who does not reside in the City of Commerce.

(5)

"Warning" means a written notice of prohibited conduct issued by the parks and recreation department.

(6)

"Suspension" means to debar temporarily the privilege of activity card or facility use privilege for a maximum period of twelve months.

(7)

"Revocation" means recalling the right of an activity card or facility use privilege for a minimum period of twelve months.

(b)

Warning. The department director, or his/her designee, may issue a warning to an activity card or facility use privilege holder who commits any offenses enumerated in this chapter or other criminal offense.

(c)

Suspension.

(1)

The department director, or his/her designee, may suspend activity card privileges or facility use privileges when a person:

(A)

Has received one or more warnings as outlined in subsection (b) above, within a twelve month period.

(B)

Poses an immediate threat to the safety and physical well being of any person within any parks and recreation facility.

(C)

Commits any offense enumerated in this chapter or other criminal offense, that in the opinion of the department director, or his/her designee, the conduct warrants immediate suspension.

(2)

A suspension shall be enforceable for a maximum period of up to twelve months, wherein the activity card or facility use privilege holder will be precluded from all parks and recreation facilities, events and programs.

(3)

The department director, or his/her designee, shall notify the city administrator, or his/her designee, of all suspensions as soon as practicable.

(d)

Revocation.

(1)

The department director, or his/her designee, may revoke an activity card or facility use privilege when the holder:

(A)

Has been suspended more than one time as outlined in subsection (c) above, during a twelve month period.

(B)

Commits any offense enumerated in this chapter or other criminal offense.

(C)

Demonstrates conduct that is outrageous, as determined by the department director or his/her designee, within the city facilities or public parks such that the conduct warrants immediate revocation.

(2)

An activity card or facility use privilege that has been suspended three times as outlined in subsection (c) above is subject to permanent revocation.

(3)

A revocation shall be enforceable for a minimum period of twelve months, wherein the activity card or facility use privilege holder will be precluded from all parks and recreation facilities, events and programs.

(4)

The department director, or his/her designee, shall notify the city administrator, or his/her designee, of all revocations as soon as practicable.

(e)

Notice; Opportunity to Present Explanation; Removal. Prior to any suspension or revocation, the department director, or his/her designee, shall advise the activity card or facility use privilege holder in question of the particular misconduct of which he/she is accused as well as the basis for such accusation. The accused shall be given an opportunity to explain in writing his/her version of the facts to the department director, or his/her designee. In each case of suspension or revocation, the department director, or his/her designee, shall provide the accused with a letter at the address shown on the activity card registration form, giving notice of the suspension or revocation, and the reasons therefor. An accused with a facility use privilege will be informed in writing at the address provided to the department of parks and recreation by that person. Any person whose presence in or about a city facility poses an immediate danger to any person or property shall be immediately removed from the city facility without the benefit of the procedure described above; however, the necessary procedure shall follow as soon thereafter as is practicable.

(f)

Appeal. Any person with an activity card or facility use privilege, or parent or legal guardian of such a person, whose privileges have been suspended or revoked, shall have the right to appeal to the city administrator, or his/her designee, who shall conduct a hearing on the merits. The appeal shall be in writing and must be received by the city administrator or his/her assignee within thirty calendar days of the date of suspension or revocation. The decision of the city administrator, or his/her designee, as well as the term of suspension or revocation, shall be final.

(g)

Reinstatement.

(1)

An activity card or facility use privilege suspended for damages to any property belonging to the city or to property contracted to the city shall not be readmitted until payment in full has been made for such damage or until directed by the department director.

(2)

Any activity card or facility use privilege that was revoked due to reasons outlined in subsections (d)(1)(A), (B), and (C) above, such person must request a review of his/her application for reinstatement to the city administrator, or his/her designee, following the minimum twelve month revocation period. The city administrator, or his/her designee, will designate a review panel to hear the request, and approval of such panel must be attained prior to reinstatement of the activity card or facility use privilege.

(3)

The department director, or his/her designee, will issue a referral to the department of community services, social services division, for any minor that is issued a warning, suspension or revocation as outlined herein, as a prerequisite to reinstatement of the activity card or facility use privilege. If, following the appropriate evaluation, it is determined that a minor so referred, and/or his/her parent or legal guardian, should participate in an approved social services program, due to the extreme nature of the offense leading to the warning, suspension or revocation, the fact of his/her/their voluntary participation therein will be taken into consideration prior to reinstatement of the activity card or facility use privilege.

(h)

Disciplinary Actions. Notwithstanding any provision of this section to the contrary, the department director and/or the city administrator, or his/her designee, shall have the authority to impose on an activity card or facility use privilege any disciplinary actions authorized by this section.

(i)

Enforcement. It is unlawful for any person or persons to fail to abide by a suspension or revocation by entering the city facilities. Failure to leave the city facility when directed to do so by the department director or other city facility attendant, or returning to the city facility after having complied with a direction to leave the city facility, because of a violation of any of the provisions of this section will be strictly enforced."

(Ord. No. 611, § 1, 2-5-2008)