Legal Documents of Sweetwater

1. Municipal offense. Use of any real property of the City of Sweetwater, and/or any and all improvements affixed thereto or located on such real property, without permission or in violation of the following Code of Conduct shall constitute an offense punishable to the fullest extent authorized for enforcement of ordinances by the Sweetwater Municipal Code and the laws of the State of Tennessee. Each violation of said code shall constitute a separate offence. Prosecution of such violations as a punishable offense shall be in addition to the enforcement rules and regulations set forth in said code, regardless of the order in which such enforcement or punishment is exercised.
2. Overview and definitions. No individual may engage in conduct contrary to this code of conduct on or in any city property. When possible, the city employee responsible for the city property will first educate individuals about the applicable policies before taking stronger measures to enforce those policies. A copy of subsection (3) of this ordinance shall be prominently posted on, at or near the entrance to every city property.
   1. "City property," sometimes referred to "property" or "premises" includes all property titled to or under the control, contractual or otherwise, of the City of Sweetwater, Tennessee.
   2. "Conduct" includes any individual or group activity which unreasonably interferes with or unreasonably disturbs another individual's lawful use and enjoyment of city property, or any activity which is otherwise inconsistent with the activities, programs, and services normally associated with such property. This ordinance does not distinguish between conduct and behavior, and as used in this ordinance, conduct includes all behaviors. For purposes of this ordinance, conduct shall include, without limitation by enumeration, the following conduct or behaviors which the board of commissioners and mayor find compromises the use and enjoyment of city property, and the safety, security and maintenance thereof.
   3. "Issuing employee" means that person employed by the city, who is responsible for the city property where they observe prohibited conduct or behavior, or to whom prohibited conduct or behavior is reported by someone who did observe the conduct.
3. Code of conduct. The "code of conduct" attached to the ordinance is incorporated by reference as fully and completely as if set forth verbatim, and is hereby adopted as part of this ordinance.
4. Response to infractions.
   1. Violations generally. Violation of the code of conduct can result in expulsion from the city property, or portions thereof. Minor violations of these rules will first result in the city employee responsible for such property attempting to educate or warn the individual(s) about the policies before enforcing such policies. If an individual continues to violate these policies, a city employee will provide notice, in the form appended to this ordinance, and may order the individual to leave for the remainder of the day. However, any conduct that threatens the life or safety of any person or unreasonably interferes with the intended use of the property or that is damaging to city property, equipment or facilities may result in immediate expulsion from the premises. City employees are authorized, and encouraged, to contact the Sweetwater Police Department to respond to such situations.
   2. Severe or illegal behavior. Violations of this code of conduct (even if a single isolated event) may result in individuals being banned from city property from one (1) day to one (1) year. In imposing this ban, city employees will follow the procedures established below. The city employee responsible for the city property will call the Sweetwater Police Department for severe or illegal behavior or when an individual refuses to leave when told to do so. The Sweetwater Police Department is hereby authorized to enforce this code of conduct, subject to the same rules and restrictions as set forth herein that apply to city employees.
5. Notice of ban procedure. Notice required to be provided under this code of conduct shall be made by an issuing employee to the person in question. Notice should be provided in writing in the form appended to this ordinance, and reasonable efforts shall be made to accommodate any language or communication barrier between the city and the person. If a person will not accept the written notice, it may be left near the person. If a person leaves the premises before notice can be given, notice may be sent to the person's last known address, or served upon them at a later date. The issuing employee shall record the method notice is provided to the person. The notice shall identify the person, inform the person of the behavior observed that was in violation of the code of conduct, inform the person of the specifics of the ban, and describe the person's appeal rights. When possible, the issuing employee should also inform the person verbally of the specifics of the ban.
6. Banishment procedure.
   1. Violations observed. Violations of this code of conduct observed by city property division staff, other City of Sweetwater employees (including police officers), city property users or other persons are subject to this banning procedure. All such violations shall be documented and kept on file at city hall. If a violation is not seen by the city employee responsible for the premises, the veracity of the report shall be determined and all evidence considered, and the city may proceed with these banning procedures if there is a reasonable cause to believe that a person committed a violation of the code of conduct.
   2. Identification and notice. If a person who violated this code of conduct fails to or refuses to properly identify themselves to a city employee, the required notice shall still be served upon the person and efforts shall be made to identify the person based upon their appearance or other characteristics, with a photograph taken if possible. If a person is later found to have intentionally provided false identifying information to a city employee, the person shall be banned for not less than thirty (30) days, in addition to any other bans that might be imposed.
   3. Admonishment. A person banned from city property pursuant to this code of conduct shall be informed that during the period of expulsion or ban, they do not have permission to enter or remain at the city property and that if the person returns to city property during the period of the ban, or remains on the premises after being notified of the ban, that he or she will be trespassing and subject to an ordinance or statutory enforcement action, including prosecution for criminal trespass.
   4. Procedures and rules. After a city employee responsible for city property determines that a person has violated the code of conduct and that the individual involved should be banned from city property, or portion thereof, the following procedures and rules shall apply:
      1. Considerations for issuance and on appeal. In determining the length and scope of any ban under Sections (6)(a)-(c), the issuing employee, the department head, the commissioner and the city judge shall consider the person's underlying behavior, the person's age, mental capacity, mental health, the circumstances that gave rise to the violation, the history and severity of behavioral violations at the city property or properties, and the impact of the person's behavior upon use and enjoyment of the city property by other people.
         1. First offense.
            1. Expulsion. A city employee shall issue notice to the person expelling the person from the city property for twenty-four (24) hours. An expulsion of twenty-four (24) hours or less is not reviewable.
            2. Non-compliance. If the banned person refuses to leave, or returns to the same city property during the twenty four (24) hour expulsion period, and the police department is required to remove the person from the premises, the head of the department where the violation is alleged to have occurred ("department head") shall issue a thirty (30) day ban whether or not the police department cites or arrests the person for trespassing.
            3. Repetition. If a person complies with the twenty four (24) hour expulsion, but then receives a second written notice for an additional code of conduct violation within thirty (30) days, the person shall be subject to a thirty (30) day ban, in addition to any other bans that might be imposed.
         2. Second offense. If a person receives a second ban at the same premises during a one (1) year period, the person shall be subject to a ban of not less than thirty (30) days and no more than one (1) year from city property or a portion thereof.
         3. Multiple premises. In the event that a person subject to a ban from one (1) premise receives a ban for a second premise during a one (1) year period, then that person shall be banned from any or all city property for a period of not less than thirty (30) days but no more than ninety (90) days.
         4. Serial offenses. In the event that a person receives three (3) or more bans within one (1) year, at any city property or properties, the person shall be subject to a ban of not less than ninety (90) days but not no more than one (1) year from any or all city property.
         5. Ban recorded. The city employee issuing the ban, and the department head, commissioner and board of commissioners on appeal, shall file the notice and all actions on appeal with the city court clerk. A copy of the ban shall be kept on the premises where the violation occurred.
7. Appeals process.
   1. Review by department head. Within seven (7) days of receiving notice, a banned person file a written appeal from the determination that they violated the code of conduct to the department head, who, after considering the evidence, shall determine whether there was a basis to support the issuing employee's determination that the person committed a violation of the code of conduct.
   2. Ban upheld. After consultation with the person who issued the ban and a review of the evidence, if the department head agrees that there existed reasonable cause to believe that the person committed a violation of the code of conduct, as well as the scope and length of the ban imposed, then the department head shall take no further action.
   3. Ban rescinded or modified. The department head may rescind or modify the terms of the ban, if so, they shall notify the banned individual in writing of the decision to rescind or modify the ban and specify the reasons for the rescission or modification and the terms of any modified ban. The department head shall also notify the banned individual of their right to appeal to the commissioner.
   4. Appeal to commissioner. Upon a written request filed by the banned person with the city court clerk prior to the expiration of the ban period. The commissioner will review the decision to ban an individual and the terms thereof, and may uphold, rescind or modify the length (either shortening or lengthening) and scope of the ban based upon the information presented by staff and submitted by the individual. A person may only use the appeal process once for each ban. The commissioner must respond to the request within thirty (30) days of the filing of the request. The commissioner shall notify the banned individual in writing about the decision to uphold, rescind or modify the ban and specify the reasons for the decision. The commissioner shall also notify the banned individual that they may appeal the determination of the commissioner to the board of commissioners by filing a written request with the city clerk within ten (10) days of the issuance of the commissioner's decision.
   5. Final appeal. Any appeal from the decision of the commissioner shall be heard by the Sweetwater City Judge, whose decision shall be the final decision of the City of Sweetwater. The city judge shall schedule the hearing, and notice of the hearing shall be given to all parties by the city court clerk. At the hearing, the banned person and the city may be represented by counsel, may present evidence and may call and examine witnesses and cross examine witnesses of the other party. The city court judge shall conduct the hearing and administer oaths to witnesses. The rules of evidence provided in Tennessee Code Annotated, § 4-5-313 for administrative proceedings shall govern the introduction of proof. The city court clerk shall receive and mark all exhibits and record all of the proceedings electronically. Either party may have the proceedings taken down and transcribed at their own expense. After considering the evidence presented, the city judge shall either uphold, rescind or modify the terms and conditions of the ban. A banned person's failure to appear at the board's hearing shall constitute a withdrawal of the appeal. The decision of the city judge shall be the final decision of the City of Sweetwater, reviewable in Monroe County Circuit Court upon a writ of certiorari pursuant to Tennessee Code Annotated, § 27-9-102 within sixty (60) days of receipt of the final decision. Until such time as a ban has been rescinded or modified by the department head, the commissioner, the judge or the court, the banned person shall continue to be subject to the terms and conditions of the ban. (as added by Ord. #857, Aug. 2010, and replaced by Ord. #1030, Dec. 2023 Ch8_08-05-24)

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