Question: What process will be followed when a person is accused of a violation of the Ordinance?
Answer:

The complaint is made to the Police Department, who will investigate it and send it to a City Prosecutor for review. The City Prosecutor will first review the complaint to see whether:

  1. The City has jurisdiction;
  2. Whether the facts, if true, would constitute a violation of the Ordinance; and
  3. Whether the complaint is frivolous or brought only to harass or intimidate.

If the complaint fails to meet any of these three requirements, the complaint will be dismissed. If the complaint is “facially valid,” (i.e., if it does meet the three requirements immediately above) the City Prosecutor will send it to the City Attorney, who then will arrange for mediation between the accuser and accused. If both parties agree to mediation, mediation will occur within thirty (30) days. If the parties successfully mediate the case, the complaint will be dismissed.

If the parties decline to try mediation, or the mediation does not resolve the matter, the complaint will be sent to the City Prosecutor, who will consider filing charges.

The City Prosecutor will then make a determination about charging an infraction (for a first offense).

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