26-016 ORDINANCE NO. 26-016
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING ARTICLE I OF
3 CHAPTER 2 TO ADOPT A NEW SECTION 2-10, "CONTROL OF
4 ACCESS TO CITY-OWNED, CONTROLLED, AND LEASED
5 PROPERTY"; PROVIDING FOR CODIFICATION; PROVIDING FOR
6 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
7 FOR AN EFFECTIVE DATE.
8
9 WHEREAS, the City of Boynton Beach, Florida (the "City") owns, controls, and leases
10 various buildings and enclosed facilities used to conduct the business of municipal government
11 and deliver public services to City residents and visitors; and
12 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166,
13 Florida Statutes, the City of Boynton Beach, Florida, has the authority to exercise any power for
14 municipal purposes, except when expressly prohibited by law, and the power to enact ordinances
15 in furtherance of such authority; and
16 WHEREAS, the United States Supreme Court and the United States District Court Middle
17 District of Florida have established that the City may regulate public access to areas within
18 enclosed facilities owned, controlled, or leased by the City, depending on whether such areas are
19 classified as a designated public forum, limited designated public forum, or nonpublic forum
20 based on their intended use; and
21 WHEREAS, the City further finds the presence of individuals who have violated state law
22 or City ordinances, rules, and regulations on City property creates a threat to the safety and
23 welfare of City residents and visitors; and
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24 WHEREAS, the City wishes to prescribe a method for the issuance of trespass warnings
25 for individuals who violate state law or City ordinances, rules, or regulations on City property and
26 provide an opportunity for a hearing to address the alleged deprivation of any constitutionally
27 protected liberty interest; and
28 WHEREAS, the City has experienced recurring incidents within City Hall, police
29 department facilities, and other City-owned properties involving individuals who remain on site
30 without engaging in legitimate public business, record employees and visitors in a manner that
31 disrupts the provision of services, and interferes with the ability of City staff to perform their
32 official duties; and
33 WHEREAS, such conduct has, on multiple occasions, resulted in disruption of City
34 operations, interference with the delivery of public services, and concerns for the safety, privacy,
35 and security of City employees and members of the public; and
36 WHEREAS, the City Commission finds that the adoption of clear, content-neutral
37 regulations governing access to City facilities is necessary to ensure the orderly conduct of
38 municipal business while preserving the constitutional rights of all individuals; and
39 WHEREAS, the City Commission has determined that regulating the control of access to
40 City-owned, controlled, or leased property by ordinance would serve the public health, safety,
41 and welfare of the citizens of the City of Boynton Beach.
42
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43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
44 BOYNTON BEACH, FLORIDA:
45 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
46 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
47 Section 2: Part II "Code of Ordinances," Chapter 2 "Administration," Article I "In
48 General," Section 2-10 "Reserved" is hereby amended to read as follows:
49 Sec. 2-10. — Reserved Control of Access to City-Owned. Controlled. and Leased Property.
50 (a) Purpose.
51 Consistent with decisions of the U.S. Supreme Court and United States District
52 Court Middle District of Florida. public access to areas within enclosed facilities owned.
53 controlled. or leased by the City of Boynton Beach may be restricted dependina upon
54 whether such areas are classified as "public forum." "limited public forum." or
55 "nonpublic forum." The desianation of enclosed facilities owned, controlled. or leased
56 by the City of Boynton Beach is based on the area's intended use.
57 For purposes of this Section. "materially disrupts" means conduct that actually
58 interferes with or impedes the ability of City employees or officials to perform their
59 official duties, the provision of City services, or the safe and orderly operation of City
60 facilities, includina but not limited to: (i) obstructina access to service counters, offices,
61 entrances, or exits: (ii) interruptina or delavina communications between City staff and
62 members of the public: (iii) creatina unsafe conditions or security concerns: (iv)
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63 enaaaina in conduct that requires City staff to cease or significantly divert from their
64 assianed duties to address the disruption; or (v) enaaaina in repeated or prolonaed
65 interactions with City personnel, includina in nonpublic areas. that are not reasonably
66 related to leaitimate public business and that substantially interfere with the
67 performance of official duties. Mere observation. recording, or the expression of
68 speech, without more, shall not constitute a material disruption.
69 For purposes of this Section, "leaitimate public business" means: (i) conducting
70 official business with City officers or employees: (ii) accessina City services or facilities
71 open to the public: (iii) attendina a duly noticed public meetina or City-sponsored
72 event; or (iv) enaaaina in constitutionally protected activity in areas desianated for
73 such activity. This term shall not be interpreted or applied in a manner that restricts
74 access based on the content or viewpoint of an individual's speech or expressive
75 activity.
76 (b) City Manaaer Authority.
77 The City Manaaer or the City Manaaer's desianee is hereby authorized to manacle
78 public access to enclosed City-owned, controlled. or leased property. In performance
79 of such responsibilities, the City Manager shall have the authority to identify which
80 areas are to be considered a desianated public forum, a limited public forum, or a
s1 nonpublic forum, and to employ whatever means are deemed necessary and
82 appropriate to separate such forums from one another. includina but not limited to
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83 the use of physical barriers and sianaae.Any measures employed under this subsection
84 shall be content-neutral and viewpoint-neutral and reasonably related to the intended
85 use of the forum.The City Manaaer shall also have authority to develop and implement
86 procedures to reaulate and control public access within City-owned, controlled, or
87 leased property to provide for the security and privacy of public visitors: provide for
88 the security and privacy of City employees and officers; and minimize potential
89 disruptions to the work of City aovernment.
90 jc) Default Forum Classifications.
91 (1) The City Commission Chambers and conference rooms located in City Hall and all
92 other City administrative facilities are hereby declared to be nonpublic forums
93 unless and until a public meetina is convened therein pursuant to lawful public
94 notice, at which time they shall be desianated public forums for the duration of
95 that meetina.
96 u All City employee work areas within City Hall, the City Library, the Public Works
97 Buildina, the Community Center, the Community Redevelopment Aaencv, and any
98 other City-owned or controlled buildina, which are desianated by appropriate
99 sianaae as work areas, shall be considered nonpublic forums. Members of the
100 public are prohibited from enterina City employee work areas without beina
101 escorted by a City employee.
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102 j3.. All other areas of City Hall not desianated pursuant to subsections (c)(1) and (c)(2)
103 above are hereby desianated as limited public forums. Only persons who are
104 present to enaaae in leaitimate public business, as defined in subsection (a), shall
105 be authorized to be in limited public forum areas.
106 !_, It shall constitute a violation of this Section to be within a nonpublic forum or a
107 limited public forum without authorization.Any person found by the City Manager
108 or the City Manager's designee to be within a nonpublic forum or a limited public
109 forum without authorization. and who refuses to leave after being provided a clear
110 verbal directive to do so, shall be considered a trespasser. Law enforcement. at its
111 option and at the reauest of the City. may enforce such refusal pursuant to sections
112 810.08 and 810.09, Florida Statutes. as amended, or may issue a trespass warning
113 consistent with this Section.
114 (d) Audio and Video Recording.
115 (1) Regulation by Forum. Audio and video recording within City-owned. controlled, or
116 leased buildings shall be regulated in accordance with the area's forum
117 classification.
118 (2) Nonpublic Forums. In nonpublic forum areas. the City may prohibit or limit audio
119 and video recording where reasonably necessary to protect the safety, privacy, and
120 security of City employees, officials, and members of the public. or to ensure the
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121 efficient operation of aovernment. including recordina that is directed at specific
122 individuals in a manner that materially disrupts the performance of official duties
123 or interferes with the provision of City services.
124 f3) Limited Public Forums. In areas designated as limited public forums. including
125 lobbies, reception areas, and service counters, audio and video recording shall be
126 permitted, provided that such recording:
127 a. does not materially disrupt or interfere with the provision of City services or the
128 performance of official duties:
129 b. does not impede ingress to or egress from the facility or access to service areas:
130 c. does not involve the recording of information that is confidential or exempt
131 from disclosure under Chapter 119. Florida Statutes, the Health Insurance
132 Portability and Accountability Act, the Criminal Justice Information Services
133 Security Policy, or other applicable law: and
134 d. complies with reasonable. content-neutral time, place, and manner restrictions
135 imposed by the City.
136 (4) Public Meetings. Audio and video recording of duly noticed public meetings shall
137 be permitted in accordance with Florida law, provided that such recordings are
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138 conducted in a quiet and orderly manner and do not interfere with the conduct of
139 the meeting or the riahts of others to observe or participate.
140 (5) Enforcement. Any person who enaaaes in recording in violation of this subsection
141 and who refuses to cease such activity after being provided a clear verbal directive
142 shall be subiect to removal and may be issued a trespass warnina in accordance
143 with this Section.
144 (e) Removal of Persons.
145 Any person who enaaaes in conduct that materially disrupts the work of City
146 government shall be deemed to no longer be present within City-owned, controlled,
147 or leased property for purposes of enaaaina in legitimate public business.
148 The City Manager and the City Manager's designees may have cause to remove
149 any person who:
150 (1) Acts in any manner which violates or has violated,or is actively enaaaina in conduct
151 that constitutes a violation of any federal, state, or local law, ordinance, rule, or
152 regulation; or
153 (2) Acts in any manner that violates any City rules or policy, including but not limited
154 to the Facility Rules, or any directive on any sign or notice on the property.
155 The City Manager and the City Manager's designees are hereby authorized to warn
156 persons of such prohibited activity and reauest that such activity cease. Law enforcement.
157 at its discretion and at the reauest of the City, may issue a trespass warning for these
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158 violations. The City Manager and the City Manager's designees are further authorized to
159 warn persons who have entered or remain in areas where they are not authorized to be,
160 and to reauest such persons to depart. Law enforcement, at its option, may enforce a
161 refusal to depart by means of sections 810.08 and 810.09, Florida Statutes, as amended
162 from time to time, or may issue a trespass warnina.
163 of Facility Rules.
164 The following conduct is prohibited within the interior spaces of all City-owned.
165 controlled, and leased buildings:
166 (1) Engaging in any conduct prohibited by federal. state, or county law or by City
167 ordinance.
168 (2) Possessing any weapons, except as specifically permitted by law.
169 u Smoking, chewing tobacco. use of e-ciaarettes or vagina devices, or carrvina any
170 lighted or smoldering pipe. ciaar. or ciaarette.
171 al Conduct that materially disrupts, as defined in subsection (a), or that creates an
172 unsafe condition.
173 (5) Conduct that constitutes obscenity as defined in Chapter 847. Florida Statutes„
174 fiahtina words, or true threats.
175 (6) Blocking entrances. exits. fire exits. accessible routes. or access areas. or otherwise
176 interfering with the provision of services or the use of City property.
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177 (7) Enterina or remainina in nonpublic areas without authorization.
178 j� Any act which could result in substantial risk of harm to persons or property.
179 Leavina unattended packaaes. backpacks, luaaaae, or other personal items. Any
180 such items are subiect to immediate confiscation.
181 110) Lvina down or sleeping in chairs, benches, or common areas.
182 (11) Possession of illegal druas.
183 (12) Affixina or attachina to City property. without permission from the City Manaaer
184 or the City Manaaer's desianee, any sians, leaflets, posters, flyers, pamphlets.
185 brochures, or written, pictorial, or araphic material of any kind.
186 (13) Tamperina with or unauthorized use of buildina or facility systems or devices,
187 includina electrical, plumbina, locks. doors. or security cameras.
188 (14) Audio or video recordina shall be aoverned by subsection (d) of this Section.
189 Failure to comply with the reauirements of subsection (d). includina any directive to
190 cease recording that materially disrupts City operations, shall constitute a violation
191 of these Facility Rules. This rule does not apply to recordina performed by
192 authorized law enforcement personnel enaaaed in the performance of their official
193 duties.
194 (15) Remainina in a City buildina after posted hours of operation or after the conclusion
195 of an authorized after-hours public meeting or event.
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196 (16) Failure to cease conduct specifically prohibited in items (1) through (15) above
197 immediately after a reauest by City staff to do so.
198 A copy of these Facility Rules shall be posted in close proximity to all public
199 entrances of City-owned, controlled, or leased buildings of the City of Boynton Beach.
200 Lai Trespass Warnings.
201 (1) Authority. A trespass warning may be issued by the City Manager, the City
202 Manager's designee, or a City law enforcement officer to any individual who has
203 violated any federal law, state law, or City ordinance, rule, or regulation, which
204 violation was committed while on or within any City-owned, controlled, or leased
205 building, or any outdoor area of City property that is open to the general public.
206 including municipal parks. Trespass warnings shall be limited to the specific
207 property where the violation occurred.Trespass warnings shall not be issued based
208 on the content or viewpoint of an individual's speech or expressive activity and
209 shall be applied in a consistent, obiective, and nondiscriminatory manner based on
210 the totality of the circumstances.
211 a) Form. Trespass warnings shall be in writina. A copy of the trespass warning shall
212 be provided to the individual at the time of issuance, by hand delivery if practicable.
213 or by certified mail, return receipt requested,to the individual's last known address.
214 No fee shall be charged for the issuance of a trespass warning.
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215 .(3 Duration.Trespass warninas shall be issued for a period not to exceed two(2)years.
216 The duration of a trespass warning shall be reasonably related to the nature and
217 severity of the violation, the risk posed to Public safety, and any prior violations.
218 (4) Effect. Any person found on or within any City-owned, controlled, or leased
219 property in violation of a trespass warning issued in accordance with this Section
220 may be arrested for trespassing pursuant to sections 810.08 and 810.09, Florida
221 Statutes, as amended from time to time, except as otherwise provided in this
222 Section.
223 u Authorized Entry. The City Manaaer or the City Manaaer's desianee may, upon
224 request, authorize an individual subiect to a trespass warnina to enter specified
225 City property to exercise First Amendment riahts where no other reasonable
226 alternative location exists, or to conduct necessary municipal business that cannot
227 be reasonably completed by alternative means. Such authorization shall be in
228 writing, shall specify the duration and any conditions, and shall not be
229 unreasonably withheld, and any denial shall be based on specific, articulable safety
230 or operational concerns.
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231 u Appeal of Trespass Warning:
232 A person for whom a trespass warning is issued under this section shall have the
233 riaht to appeal the issuance of the trespass warning as follows:
234 (1) An appeal must be filed in writing with the City Clerk within ten (10) calendar days
235 of the issuance of the trespass warning. The appeal shall include the appellant's
236 name, date of issuance of the trespass warning, a brief statement of the grounds
237 for the appeal, and the appellant's current mailing address. telephone number, and
238 email address, if applicable. No fee shall be charged for filing an appeal.
239 .) Appeals shall be heard by the City's Special Maaistrate,who shall serve as a neutral
240 hearing officer with no prior involvement in the issuance of the trespass warning
241 under appeal. The Special Magistrate appointed to hear code enforcement matters
242 may be utilized.
243 131 If the appellant fails to file a timely appeal or fails to appear at the hearina, the
244 appellant shall have waived all rights to a hearing, and the trespass warning shall
245 remain in full force and effect. The City Clerk shall schedule a hearina before the
246 Special Magistrate as soon as practicable. In no event shall the hearing be held
247 later than forty (40) calendar days from the timely filing of the appeal. Notice of
248 the hearina shall be mailed to the appellant's address of record, and by email if
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249 provided, no fewer than ten (10) calendar days before the hearina. The City will
250 mail notice by reaular mail and by email.
251 14) Each case shall be presented by the City Attorney or a member of City staff. The
252 appellant may appear in person, with or without leaal counsel. and may present
253 witnesses and documentary evidence on his or her own behalf. All testimony shall
254 be under oath and shall be recorded. Formal rules of evidence shall not apply, but
255 fundamental due process shall aovern the proceedinas. The City shall bear the
256 burden of establishina by a preponderance of the evidence that the trespass
257 warnina was properly issued.
258 (5) At the conclusion of the hearina, the Special Maaistrate shall issue written findinas
259 of fact based on the evidence of record and conclusions of law. The Special
260 Maaistrate shall determine whether the issuance and scope of the trespass warning
261 were reasonable and supported by competent, substantial evidence. Based on such
262 findinas and conclusions, the Special Maaistrate shall issue an order: (a) upholdina
263 the trespass warnina: (b) modifvina the trespass warnina as to duration.
264 aeoaraphic scope, or both: or (c) vacatina the trespass warnina.
265 16) The decision of the Special Maaistrate shall be a final administrative action. The
266 appellant shall be deemed to have exhausted all administrative remedies. An
267 aaarieved party, including the City, may appeal a final administrative order of the
268 Special Magistrate to the Circuit Court. Such appeal shall not be a hearina de novo
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269 but shall be limited to appellate review of the record created before the Special
270 Maaistrate. An appeal shall be filed within thirty (30) days of the execution of the
271 order. The City Attorney or the City Attorney's desianee is hereby authorized to
272 defend such appeals on behalf of the City and/or the Special Magistrate.
273 (7) The trespass warning shall remain in effect during the appeal and review process.
274 including any judicial review. unless staved by order of a court of competent
275 jurisdiction.
276 �I.) Enforcement.
277 u It shall be unlawful for any person to violate any of the terms. provisions, or
278 directions of this Section. City law enforcement officers may enforce any violation
279 of a trespass warnina by means of sections 810.08 and 810.09. Florida Statutes, as
280 amended from time to time.
281 (2) Nothing in this Section shall be construed to limit the City's ability to trespass any
282 individual from City-owned, controlled, or leased property that is not open to the
283 public.
284 (j) Content and Viewpoint Neutrality. All restrictions and enforcement actions under this
285 Section shall be applied in a content-neutral and viewpoint-neutral manner.
286 Section 3: Codification. It is the intention of the City Commission of the City of
287 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
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288 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida. The City Clerk
289 is hereby directed to incorporate this Ordinance into the Code, and to make such section
290 renumbering, relettering, and formatting changes as may be necessary to accomplish such intent,
291 including the correction of typographical errors and the updating of cross-references.
292 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
293 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
294 or invalid part shall be considered as eliminated and in no way affect the validity of the other
295 provisions of this Ordinance.
296 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
297 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
298 conflict.
299 Section 6: Effective Date. That this Ordinance shall take effect immediately
300 upon passage.
301 [SIGNATURES ON THE FOLLOWING PAGE]
302
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ORDINANCE NO. 26-016
303 —�
304 FIRST READING this day of , LL.-'- e..._ , 2026.
305 SECOND, FINAL READING AND PASSAGE this 1 1,0 day of --S()..,v 42. , 2026.
306 CITY OF BOYNTON BEACH, FLORIDA
307 YES NO
308
309 Mayor— Rebecca Shelton
310
311 Vice Mayor—Thomas Turkin ✓
312
313 Commissioner—Angela Cruz
314
315 Commissioner— Mack McCray ✓
316
317 Commissioner—Aimee Kelley ✓
318
319 VOTE
320 ATTEST:
321
322
323 4, /// ,A1
324 Tammy Stan lone Rebecca Shelton
325 Interim City Clerk Mayor
326
327
3283 ON 13,%\ APPROVED AS TO FORM:
329 (Corporate Se 'Q�:�eoRArf••. C�
330 O`ci) KN.) It • 11CN� ��f•� 7
331 1-7-1 POR i Shawna G. Lamb
332 v �N°°1g20 '
; : City Attorney
' P '
F
. LS —
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