[Ord. No. 2022-3, 4/13/2022]
1. 
The purpose of this Part is to establish rules, regulations and procedures for Township facilities that prohibit dangerous behavior, illegal behavior, and unreasonably disruptive behavior on or in Township facilities.
2. 
The Township Manager is authorized to adopt rules, regulations and procedures consistent with this Part.
3. 
Any constitutionally protected action or speech is excluded from the prohibited behavior regulated in this Part.
4. 
This Part shall not be used to remove people in attendance at open public meetings of the Board of Supervisors or people in attendance at public meetings of any other Township board that is subject to the Pennsylvania Sunshine Act, 65 Pa.C.S.A. §§ 701 through 706.
[Ord. No. 2022-3, 4/13/2022]
1. 
As used in this Part, the following terms shall have the following meanings indicated, unless a different meaning clearly appears from the context:
DANGEROUS BEHAVIOR
Behavior that creates an imminent and unreasonable risk of injury or harm to the person or property of another, or to the actor.
ILLEGAL BEHAVIOR
Behavior that is prohibited by any federal law, Pennsylvania law, or local government ordinance.
MUNICIPAL TRESPASS WARNING
A trespass warning issued pursuant to this Part.
TOWNSHIP FACILITY
All or any portion of any building, park, trail, or open space that is owned or controlled by the Township.
TRESPASSED INDIVIDUAL
An individual to whom a municipal trespass warning has been issued pursuant to this Part.
UNREASONABLY DISRUPTIVE BEHAVIOR
Behavior that is not constitutionally protected and that unreasonably interferes with others' use and enjoyment of property. Examples of behavior that may unreasonably interfere with others' use and enjoyment of property include, but are not limited to, any of the following:
A. 
Use of unreasonably hostile or aggressive language or gestures, unreasonably loud vocal expression, other unreasonably loud noise (such as music), or unreasonably boisterous physical behavior that disrupts or interferes with normal Township operations;
B. 
Using electronic or other communication devices in a manner that is unreasonably disruptive to others;
C. 
Repeatedly and unreasonably violating posted Township rules or regulations governing use of a Township facility;
D. 
Unreasonably interfering with the free passage of staff or patrons in or on a Township facility;
E. 
Attempting to enter any staff-only area of a Township facility, or entering a closed facility after hours, without permission; or
F. 
Behavior that is unreasonably inconsistent with the normal use for which the property was designed and intended to be used, for example, bathing, shaving, or washing clothes in a public bathroom or skating/skateboarding in a public parking area.
[Ord. No. 2022-3, 4/13/2022]
1. 
The Kingston Township Chief of Police and his designee(s) are each authorized to issue a municipal trespass warning to any individual, excluding such individual from all or any portion of a Township facility or facilities, when probable cause exists to believe that the individual is or was engaged in dangerous behavior, illegal behavior, or unreasonably disruptive behavior, committed while on or within any Township facility.
2. 
The duration of the exclusion prescribed by a municipal trespass warning shall be not less than seven days nor more than one year.
3. 
A municipal trespass warning shall be in writing. It shall be dated; describe the behavior that is the basis for the warning; identify the Township facility at which the behavior took place; specify the Township facility or facilities or portion(s) thereof to which the warning applies; specify the duration of the exclusion prescribed by the warning; provide notice of the penalties for violating the warning; provide notice to the trespassed individual of the individual's right to appeal the warning and the location at which to file such an appeal; and be signed by the individual issuing the warning.
4. 
A municipal trespass warning shall be provided by mail or hand delivery to the trespassed individual, with a copy to the Township Manager.
5. 
A municipal trespass warning may be rescinded at the discretion of the Kingston Township Chief of Police.
6. 
Any trespassed individual found on or within any Township facility in violation of a municipal trespass warning may be arrested for trespassing except as otherwise provided in this Part.
7. 
This section shall not be construed to limit the authority of any officer or deputy of any law enforcement agency to arrest or cite individuals for violating any federal law, Pennsylvania law, or local government ordinance.
[Ord. No. 2022-3, 4/13/2022]
A trespassed individual shall have the right to request the Kingston Township Chief of Police to authorize the individual to enter any Township facility to conduct necessary municipal business or to exercise First Amendment rights, if there is no reasonable alternative means or location to conduct such business or exercise such rights. The trespassed individual's request must be received by the Chief of Police, in writing, no less than five days before the requested entry date. The written request shall state the specific municipal business to be conducted or the specific First Amendment right to be exercised, and shall include the trespassed individual's name, address and telephone number, if any. Within three days following receipt of the written request, the Chief of Police shall issue a written decision either authorizing the request or suggesting reasonable alternative means to accomplish the specific municipal business to be conducted or the specific First Amendment right to be exercised. A decision authorizing the request shall specify the specific date and time the trespassed individual is authorized to enter the facility, the duration of the authorization, and any conditions on the authorization.
[Ord. No. 2022-3, 4/13/2022]
1. 
A trespassed individual shall have the right to appeal the issuance of a municipal trespass warning as follows:
A. 
An appeal of a municipal trespass warning must be filed with the Township Manager, in writing, within 30 days following the issuance of the warning, and shall include the appellant's name, address and phone number, if any. No fee shall be charged for filing the appeal.
B. 
Appeals shall be heard by the Township Manager or her designee(s). No fee shall be charged by the Township to compensate any designee.
C. 
Within five days following the filing of the appeal, the Township Manager or her designee(s) shall schedule a hearing. Notice of the hearing shall be provided to the appellant in one of three ways:
(1) 
By providing the appellant a copy of the notice of hearing in person at the time the appellant files the appeal. When it is not reasonably practical or possible to provide notice in this manner, the appellant shall be informed that notice of the hearing will be provided in accordance with either Subsection 1C(2) or (3) below;
(2) 
By posting the notice at the Township Municipal Building; or
(3) 
By telephone if a telephone number has been provided and also by mailing if a mailing address has been provided.
D. 
In no event shall the hearing be held sooner than 10 days following the filing of the appeal, nor later than 30 days following the filing of the appeal, except that the appellant may request that the scheduled hearing be postponed up to an additional 30 days during the appeal period.
E. 
Copies of documents in the Township's control which are intended to be used at the hearing, and which directly relate to the issuance of the municipal trespass warning to the appellant, shall be made available upon request to the appellant at no cost.
F. 
The appellant shall have the right to attend the hearing with an attorney, to testify and to call witnesses, cross examine witnesses and present evidence. The appellant shall have the right to bring a court reporter, at the appellant's own expense.
G. 
The Township Manager or her designee(s) shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings.
H. 
The Township shall bear the burden of proof that the municipal trespass warning was properly issued pursuant to the requirements and criteria of this Part.
I. 
If the appellant fails to attend a scheduled hearing, the Township Manager or her designee(s) shall review the evidence presented and determine if the municipal trespass warning was properly issued pursuant to the requirements and criteria of this Part.
J. 
Within 10 days following the conclusion of the hearing, the Township Manager or her designee(s) shall issue a written decision on the appeal, with reasons based on evidence presented, which decision shall be provided to the appellant forthwith in the same manner as notice of the hearing was provided, or in a more efficient manner if one has been established.
K. 
The decision of the Township Manager or her designee(s) shall be final. Upon issuance of the decision, the appellant shall be deemed to have exhausted all administrative remedies, and the decision may be subject to judicial review in the manner provided by law.
L. 
Unless otherwise directed by the Township Manager or by order of court, a municipal trespass warning shall remain in effect during the appeal and review process, including any judicial review.
[Ord. No. 2022-3, 4/13/2022]
All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict.
[Ord. No. 2022-3, 4/13/2022]
The provisions of this Part are severable. If any sentence, clause or section of this Part is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections of this Part. It is hereby declared to be the intent of the Board of Supervisors that this Part would have been adopted had such unconstitutional, illegal, or invalid sentence, clause or section not been included herein.