Title
Ordinance to Create Section 6.09 of the City of West Allis Revised Municipal Code Regarding Trespass Offense for Previous Offenders in City Parks
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 6.09 of the Revised Municipal Code is hereby created to read as follows:
Section 6.09 NO TRESPASS ORDERS FOR CITY PARKS.
(1) Definitions. As used in this section.
(a) “Parks” means all lands that are designated as city parks or playgrounds within the City of West Allis, including Garfield School, Honey Creek, Klentz, Kopperud, Liberty Heights, North Greenfield Railroad Station Park, Joyce Radtke, Reservoir, Rogers and Veterans' Housing and Memorial Parks; and McKinley Park, Rogers, and Washington playgrounds.
(b) “Assault” means any intentional act to harmfully or offensively contact another person, including attempts or threats.
(c) “Sexual Act” means any act of masturbation, sexual gratification, sexual intercourse, physical contact with or exposure of a person's genital or pubic area, buttocks, or, if the person is a female, breast (excluding a mother breast-feeding a child).
(2) Authority. The Police Department has the authority to issue and serve no trespass orders informing the recipient that he or she is prohibited from entering or remaining in or upon any or all city parks.
(3) An officer may issue an order to a person if:
(a) Said person has received a municipal citation for an incident that occurred in a park; or,
(b) A police officer has probable cause to believe said person has done one or more of the following while in a park:
1. committed an assault on another person;
2. sold or consumed alcohol;
3. sold, possessed, or used illegal drugs;
4. brandished or used any weapon, excluding bats or other devices used during a sporting event in the context of a game;
5. caused damage, including graffiti, to any park property;
6. committed a sexual act;
7. a...
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