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A. Prohibition on Disorderly Behavior. Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the presiding officer or a majority of the Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of subsection (C) of this section.

B. Disorderly Behavior Defined. Disorderly behavior under subsection (A) of this section may include, but is not limited to, the following:

1. Speaking without being recognized by the presiding officer.

2. Continuing to speak after the allotted time has expired or has been paused.

3. Speaking on an item at a time not designated for discussion by the public of that item.

4. Throwing objects.

5. Speaking on an issue that is not within the jurisdiction of the Council.

6. Attempting to engage the audience rather than the Council.

7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period.

8. Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer or a majority of the Council.

9. Engaging in behavior that constitutes a use of force or a true threat of force.

C. Enforcement. The rules of conduct while addressing the Council set forth above shall be enforced in the following manner:

1. Call to Order and Warning to Desist. Whenever practicable, the presiding officer or a majority of the Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply.

A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a Council meeting.

2. Order Barring Person From Meeting. A person who engages in disorderly behavior shall be barred from the remainder of that City Council meeting by the presiding officer or a majority of the Council when that person: (a) continues the disorderly behavior after receiving a warning pursuant to subsection (C)(1) of this section; (b) ceases the disorderly behavior upon receiving a warning pursuant to subsection (C)(1) of this section, but later in the same Council meeting resumes such disorderly behavior; or (c) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subsection (C)(1) of this section.

The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a City Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting.

3. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the Council, the presiding officer or the majority of the Council may direct the Chief of Police or person designated by Chief of Police to remove that person from the Council chambers.

D. The following conduct is unlawful and shall be punishable as a misdemeanor:

1. Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting, after receiving a warning pursuant to subsection (C)(1) of this section.

2. Refusing to leave a City Council meeting after being directed to do so pursuant to subsection (C)(2) of this section.

3. Returning to a City Council meeting after being barred, removed or directed to leave such meeting pursuant to subsections (C)(2) and (C)(3) of this section. (Ord. 3561 § 1, 2024; Ord. 1486 § 2, 1973; prior code § 1.223).