Fostoria may change how the public access city buildings

FOSTORIA — Fostoria city council will be voting on an ordinance Tuesday that would change how the public can access city buildings. The ordinance, which has its final reading Tuesday evening, would enact a new section of the city's codified ordinances authorizing the Director of Public Service and Safety and their designees to "manage public access to enclosed city-owned, controlled and leased property," according to the proposed ordinance. The new law would also create three designations for city property as follows: • Nonpublic forum - areas intended primarily for the use of city employees in the conduct of their business. Members of the public are prohibited from accessing spaces classified as non-public forums without being escorted by a city employee. • Limited designated public forum - areas, while primarily intended for the use of city employees in the conduct of their business, may from time to time be utilized for the convening of public meetings or may be open to the public while engaging in legitimate business with city officers or employees. • Designated public forums - areas which are primarily intended for the convening of public meetings and are accessible to during said public meetings. The Director of Public Service and Safety, currently Eric Keckler, would also have the authority to identify which areas would receive which designations. Keckler would also have the authority "subject to the availability of appropriated funds" to "employ whatever means" deemed "necessary and appropriate to separate designate public forums from nonpublic forums," those means could include but are not limited to "physical barriers and signage." He would have the authority to develop and implement procedures to "regulate and control public access within city owned, controlled and leased property" to "provide for the security and safety of public visitors, city employees and officers" and to "minimize potential disruptions to the work of city government," the ordinance reads. The ordinance says that any person who engages in conduct that disrupts the work of the city government shall "be deemed to no longer be present within the City-owned, controlled, or lease property on legitimate public business." Furthermore, all city employee work areas in the Fostoria Municipal building, which are "designated by appropriate signage as work areas," would be considered nonpublic forums, meaning that members of the public cannot access such areas without being escorted by a city employee. All other areas of the building would be considered limited public forums, meaning only those who are present to engage in "legitimate public business" with city officers or employees will be authorized." "Unauthorized persons found by the Director of Public Service and Safety or his/her designee to be within a nonpublic forum or a limited public forum and who refuse to leave the premises upon request, shall be considered a trespasser," the proposed legislation reads. "Law Enforcement, at its option, at the request of the city, may issue a trespass warning notice for this conduct." The legislation would also bar recording "except within the city council chambers, conference rooms and other locations in which a public meeting is being conducted pursuant to a public notice" without the consent of "all person whose voice or image is being recorded." The language notes that the barring of recording does not pertain to any law enforcement activities. If someone is observed to be recording video and/or sound without consent and they refuse to stop recording after "being advised that such activity is prohibited" the person will be considered to be disrupting the work of city government, will be deemed to no longer present under legitimate business and will be asked to leave. If the person does not stop recording and immediately leave, they will be considered a trespasser. Law enforcement may issue a trespass notice for this conduct. The director of public service and safety and their designees may remove any person they determine: • Acts in any manner which violates or is reasonably suspected to violate any federal, state or local law, ordinance, rule, or regulation • Acts in any manner which violates any city rules or policy, including but not limited to the facility rules, or any directive on any sign or notice at the public property The ordinance also includes a list of facility rules, prohibiting conduct such as "disruptive, harassing, abusive and unsafe behavior, entering or remaining in nonpublic areas without authorization," among other conduct listed in 16 line items. A copy of the proposed ordinance is attached to the online version of this story. Council is set to vote on the ordinance Tuesday at 6 p.m. in the council chambers at 213 S. Main St., Fostoria.