§ 32-19C. Disruptive Behavior - Public Facilities  


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  • (a) In this Section, the following terms have the following meanings unless the context clearly indicates otherwise:
    (1) Reviewing authority means the Chief Administrative Officer or an Assistant Chief Administrative Officer. An enforcement agent must not serve as reviewing authority.
    (2) Enforcement agent means:
    (A) a Department Director;
    (B) a police officer, deputy sheriff, or County security officer;
    (C) an assistant director, division chief, service chief, or other person in charge of a facility, who is designated by a Department Director; or
    (D) a designee of the Director of Community Use of Public Facilities.
    (3) Public facility means any building, grounds, or transit vehicle owned, leased, or used by the County, the Revenue Authority, or the Director of Community Use of Public Facilities.
    (b) A person must not:
    (1) act in a manner that a reasonable person would find disrupts the normal functions being carried on at that public facility; or
    (2) engage in conduct that is specifically prohibited by a notice conspicuously posted at that public facility. The type of conduct that may be prohibited by a conspicuously posted notice is conduct that is likely to disrupt others’ use of the public facility, or conduct that poses a danger to the person engaging in the conduct or to others.
    (c) A person must not refuse, after engaging in conduct prohibited by subsection (b) at a public facility, to accurately identify himself or herself when asked to do so by an enforcement agent.
    (d) If a person engages in conduct prohibited by subsection (b), an enforcement agent may issue and personally deliver a written order to the person that:
    (1) denies the recipient access to that public facility for a period not exceeding 90 days;
    (2) prohibits the recipient, if a minor, from entering that public facility without being accompanied by a parent, custodian, or guardian;
    (3) requires the recipient to receive prior written permission from the enforcement agent or another specified person designated by the Department Director before entering that public facility; or
    (4) imposes any other reasonable condition intended to assure that normal functions carried on at that public facility are not unreasonably disrupted.
    If the public facility is a transit vehicle, any order under this subsection may apply to some or all other transit vehicles.
    (e) An order issued under subsection (d) must notify the recipient that he or she may meet with a reviewing authority to discuss any reasons why the recipient’s access to the applicable public facility should not be restricted. The notice must specify the proposed place, date, and time of the meeting. The meeting must initially be scheduled to be held during the next business day after the order is delivered to the recipient. At the request of the recipient, the reviewing authority may reschedule the meeting at a later date. If a meeting is held, the reviewing authority may affirm, modify, suspend, or rescind the order.
    (f) A person must not violate an order issued under subsection (d). A person who violates subsections (b) or (c) or an order issued under subsection (d) has committed a Class A violation.
    (g) The Chief Administrative Officer must report to the Council not later than March 1 each year on the use of this Section during the previous calendar year, including the number of orders issued under subsection (d) by each department or office. (, § 1.)