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(b) For the second or subsequent violation, the individual may be issued a trespass warning <br /> for a period not to exceed two (2) years. <br /> D. Violation of Trespass Warning: Any person found on or within any City facility, building, or <br /> outdoor area, including municipal parks, in violation of a trespass warning may be arrested for <br /> trespassing, except as otherwise provided in this section. <br /> E. Permissible Entrance after Issuance of Trespass Warning: The City employee or official having <br /> control over a City facility, building, or outdoor area, including municipal parks, may upon request, <br /> authorize an individual who has received a trespass warning to enter the property or premises to <br /> exercise his or her First Amendment rights if there is no other reasonable alternative location to <br /> exercise such rights or to conduct necessary municipal business. Such authorization must be in writing, <br /> shall specify the duration of the authorization and any conditions thereof,and shall not be unreasonably <br /> denied. <br /> F. Right-of-Way: This section shall not be construed to limit the authority of any Police Office to issue <br /> a trespass warning to any person for any lawful reason for any City property, including rights-of way <br /> when closed to general vehicular or pedestrian use,when necessary or appropriate in the sole discretion <br /> of the Police Officer; nor shall this Section be construed to limit the authority of any Police Officer to <br /> arrest or cite individual for violating any section of the City Code or the Florida Statutes. <br /> Section 3. Appeal Process of Trespass Warning <br /> Any person to whom a trespass warning is issued under this section shall have the right to appeal it. <br /> A. Requirement to File an Appeal: <br /> (a) An appeal of the trespass warning must be filed, in writing, within ten (10) days of the issuance <br /> of the warning, and shall include the appellant's name, address, and phone number, if any. No fee <br /> shall be charged for filing the appeal. <br /> (b) The appeal shall be filed at the Office of the City Clerk of the City of Sunny Isles Beach located <br /> at 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. <br /> B. Notice of Appeal Hearing: Within five (5) days following the filing of the appeal, the City Clerk <br /> shall schedule the hearing. Notice to the appellant will be provided in one of two ways: <br /> (a) By leaving or posting the notice at the information desk of the Sunny Isles Beach Police <br /> Department; or <br /> (b) By telephone if a telephone number has been provided. If appellant cannot be reached by <br /> telephone, then the notice at the information desk shall be sufficient. <br /> C. Commencement of Appeal Hearing: The Special Magistrate shall hold the hearing as soon as <br /> possible. In no event shall the hearing be held sooner than seven (7) days following the filing of the <br /> appeal and no later than thirty (30) days from the filing of the appeal. <br />