The proposed bill, known as the "No Trespass Orders on Public Property Act," establishes a structured process for issuing, extending, and appealing no trespass orders (NTOs) on municipal and school properties. Key provisions include a requirement for a unanimous vote from the governing body in a public meeting to issue an NTO, unless the individual involved requests a non-public session. The NTO must be documented in writing and include essential details such as the reason for the order, its duration (not exceeding 90 days), and the individual's rights to request a hearing and appeal the decision. Additionally, NTOs can be issued for a maximum of 24 hours without following the full procedural requirements, but any extensions must adhere to the outlined process.
The bill also mandates that individuals affected by an NTO have the right to a hearing and to appeal decisions made by the governing body to the superior court. If an NTO is initially issued for less than 90 days, it can be extended only through a formal vote and a supplemental NTO that includes the necessary information. Furthermore, any NTOs currently in effect for more than 90 days will be automatically rescinded upon the bill's enactment. The legislation aims to ensure procedural safeguards for individuals while balancing the need for public safety on municipal and school properties. The bill is expected to have a minimal fiscal impact of less than $10,000 in the upcoming fiscal years.