A.G. Gancarski
Can new rules and stricter enforcement help to regulate the unruly denizens of one of Jacksonville’s showcase parks?
Jacksonville City Council members John Crescimbeni and Scott Wilson convened Wednesday to discuss issues related to code and ordinance enforcement in Hemming Park.
A recurrent issue over years is problems with park regulars drinking and engaging in other illicit activities in the park that is called, often without irony, the “front door to city hall.”
Private security can do certain things, such as short-term detainment; however, said a representative from the security company patrolling Hemming, the sheriff’s office has to actually do things like distribute citations.
State statute, meanwhile, precludes the JSO giving out citations for misdemeanors, such as “curb drinking,” that they didn’t see.
Crescimbeni wondered if there was a way to “get around” that based on witness testimony.
Jason Teal of the Office of General Counsel noted that statute specifically delineates a “pretty short list” of enforceable offenses based on hearsay testimony.
“The state has in essence pre-empted” enforcement beyond a limited scope.
Councilman Wilson noted that a brown paper bag could constitute probable cause.
A JSO rep, Chief Jackson, noted a double standard: “everyone’s fine with it during ArtWalk.”
If the sheriff’s office could enforce park rules with the “teeth” of a trespass warning, there would be some redress.
Also complicated is the appeal process, for those who violate a trespass order.
A question was raised as to how many of those given trespass orders in the park are aware of the appeal process.
When the director of parks, Daryl Joseph, was asked about his willingness to process appeals, he said “it’s going to be a group effort.”
“It’s kind of bizarre to have our director of parks hearing appeals on a trespass violation,” Crescimbeni said.
A potential solution would be a special magistrate hearing the appeals.
And that, said Councilman Wilson, “is going to cost the city money.”
Wilson suggested a fee for appeals.
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Currently, rules are posted in the park, and potential additions were discussed.
“Hemming Park is open from dawn to dusk and for special events … shirt and shoes must be worn at all times … you must have a permit from City of Jacksonville to feed homeless in the park … no bike riding in the park unless you’re an authorized JSO officer … no skateboarding … no personal grooming … no adult in the Kids Zone unless accompanied by a child … no alcohol unless served by Friends of Hemming Park or an authorized vendor … no persons are allowed in the fountains [or] on the stages unless authorized by Friends of Hemming Park staff … no amplified sound allowed without an Friends of Hemming Park permit … power outlets only used by Friends of Hemming Park staff and authorized vendors … pets must be on a leash and picked up after at all times.”
The issue, as ever, is one of trying to maintain order on a demographic subset containing members that flout the rules of normalized society.
The stakes are higher in this case, as Jacksonville seeks to make Hemming Park a showplace, yet is stymied by the kind of people who show up there.
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Issues like outlets in the park were a talking point, as people were using them to run “boomboxes.”
Crescimbeni suggested USB charging stations, and the addition of “pants” to the shirts and shoes ban.
“Y’all are going to need a bigger sign,” Crescimbeni quipped.
Also discussed: the wisdom of deputizing park security.
Teal noted potential difficulties in “spreading out too far” the ability of private employees to fulfill law enforcement functions, which would include testifying in court.
Councilman Sam Newby noted that park regulars saw security officers as inherently powerless, creating an authority gap.
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Park boundaries — specifically, the sidewalks around the park — came into play.
A problem: there is a right of way issue along the street edge on Monroe Street, which has not been fully resolved to the satisfaction of the city’s best legal minds.
If boundaries were extended across the street from the park, that could include the front of the city hall, which could create issues if those banned from the park wanted to show up for city council meetings and other such forms of entertainment.
Crescimbeni requested a memo from legal staff on these changes in time for Tuesday’s council meeting, and urged the parks director to begin the process of codifying new park rules.
As well, “tweaks to the ordinance code” are required, Crescimbeni said.
Expect another meeting on the Hemming Park situation early in November.
