2022-017 Trespass Warning on City Property PolicyDate: March 25, 2022 Report No. 2022-017
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Proposed Draft Policy for Trespass Warnings on City Property including an Appeal Process
EXECUTIVE SUMMARY:
In 2020, an interdepartmental team including Community Services, Police, Parks, and Library with
the help of the Municipal Judge’s Office and Legal, identified the need to have a formal policy
regarding issuing criminal trespass warnings on city property to ensure consistency and create an
opportunity for appeal to enhance due process. This Informal Staff Report is intended to provide
some background on the current practice, the goals of developing a policy, the proposed process
including an appeal mechanism, and next steps.
BACKGROUND:
Unfortunately, there are serious incidents on city property, although very limited, in which City
staff may have to issue a criminal trespass when an individual has committed a violation of law,
city ordinance, and/or city policies that is needed in order to ensure a safe environment for all and
the continued public provision of spaces and services to individuals and families in the community.
Depending on the issue, police may be called to either help resolve the problem, issue a criminal
trespass warning if needed/requested, and/or give a warning, citation, or make an arrest.
Issuing trespass warnings on city property has been very infrequent and used as a last resort.
Based upon a review of the records, in the previous two years (2020 and 2021), the Police
Department responded to 47 calls for service related to criminal trespass at city-owned properties.
The majority of them occurring at the Civic Center with a total of only 12 trespass warnings issued,
which were in response to several disturbances outside the Civic Center, including one aggravated
assault incident in which an individual was stabbed. In 2021, only 1 criminal trespass arrest was
made related to city-owned property in Quakertown Park.
DISCUSSION:
While reviewing the City’s internal procedures on when a trespass warning is appropriate,
it was discovered that creating a formal policy, specifically one that allows for an
administrative appeal process, would be in the best interest of the City, the community at
large, and those that are issued trespass warnings. Texas case law, Anthony v. State, 209
S.W.3d 296 (Tex. App. 2006), overturned a criminal conviction of someone arrested for criminal
trespass on city property based primarily on the city not having a formal policy. Additionally, the
administrative review process will allow for anyone trespassed from city property the ability to
appeal the decision which will be reviewed by the City’s Municipal Judge or designee that will
either affirm, modify, or remove the trespass warning. The policy also will set time limitations on
the trespass warnings based on the violation.
In the policy, department supervisors may request an officer to issue a trespass warning. When
issuing the trespass warning, the reason for the trespass will be listed along with steps the
individual can take if they choose to appeal the trespass warning. To make it as easy as possible
and to reduce any potential barriers, the appeal can be done in-person or filed electronically with
Date: March 25, 2022 Report No. 2022-017
the Municipal Court’s office through email. Individuals trespassed will have up to 30 days to file
the appeal with the Municipal Judge or designee which have 10 business days to informally review
the appeal.
CONCLUSION:
Staff believes that this policy will enhance public safety and quality of life for Denton residents
while also providing additional due process and protections for those individuals that may be
trespassed.
Staff will be bringing forward the draft Policy Statement for City Council consideration and
adoption on the Consent Agenda at the April 5, 2022 City Council meeting.
ATTACHMENTS:
1. Draft Proposed City of Denton Trespass Warning on City Property Policy
STAFF CONTACT:
Preston Pohler, Lieutenant
940-349-7956
Preston.Pohler@cityofdenton.com
REQUESTOR:
Staff Initiated
PARTICIPATING DEPARTMENTS:
Community Services, Police, Parks and Recreation, Library, Municipal Judge’s Office, Legal,
and City Manager’s Office