Chapter 9.35
EXCLUSION FROM PUBLIC LANDS AND PUBLIC FACILITIES
Sections:
9.35.030 Exclusion authorized.
9.35.010 Definitions.
For the purposes of this chapter, the following definitions apply unless inconsistent with the context:
(A) “Public facility” means buildings under city ownership, control or authority.
(B) “Public land” means publicly owned or leased land or buildings under city ownership, control or authority including publicly accessible property owned or controlled by Tri-Met such as bus shelters. [Ord. 2020-03 § 1 (Exh. A), 2020.]
9.35.020 Intent.
The intent of this chapter is to provide for equal, safe and convenient access to all public lands and facilities, including parks, the library and City Hall, and to ensure that persons use public lands and public facilities for their intended purpose. [Ord. 2020-03 § 1 (Exh. A), 2020.]
9.35.030 Exclusion authorized.
(A) A peace officer or other person specifically authorized by the city manager may exclude a person who violates a provision of state or local law or rule, including a Tri-Met law or rule, from the public land or public facility in or on which the violation occurred. The exclusion period may not exceed 90 days. The authority to exclude a person pursuant to this chapter is in addition to any other remedy or penalty the law may provide the city.
(B) A person excluded pursuant to this chapter may not enter or remain upon that public land or public facility during the exclusion period, except as follows:
(1) A person excluded from City Hall may enter upon or remain at City Hall, but only to the extent necessary to:
(a) File documents required to be filed with a city official or to pay a fine or other debt or obligation.
(b) Appear in a municipal court proceeding.
(C) A person will be given a warning and an opportunity to comply with the law or rule before an exclusion notice is issued unless the exclusion is based on one or more of the following:
(1) Conduct punishable as a felony;
(2) Consumption or possession of controlled substances or alcoholic beverages;
(3) Behavior prohibited by CCC 9.35.040(A)(15);
(4) Actions actually or likely to result in personal injury or property damage; or
(5) The person was previously warned or excluded for the same conduct in a separate incident within the previous 24 months.
(D) An exclusion notice will not be issued if the person promptly complies with the warning under subsection (C) of this section.
(E) An exclusion notice will be written and include:
(1) The signature of the issuing party and date of issuance;
(2) The effective dates of the exclusion period;
(3) The places from which the person is excluded;
(4) The provisions of law violated;
(5) A brief description of the offending conduct;
(6) A statement of the consequences for failure to comply; and
(7) The applicable municipal court procedures.
(F) Without exception, this chapter does not authorize the exclusion of a person lawfully exercising rights of free expression or other rights protected by state or federal law. [Ord. 2020-03 § 1 (Exh. A), 2020.]
9.35.040 Prohibitions.
(A) Upon or in any public facility or public land, no person may:
(1) Engage in conduct that constitutes a crime;
(2) Unless otherwise authorized by law, carry upon the person a weapon or an instrument the use of which could inflict injury on a person or property of a person;
(3) Discharge a weapon in violation of CMC 9.10.060, except for a peace officer;
(4) Sell, drink or consume alcoholic beverages or possess an alcoholic beverage container that has been opened, has a broken seal or the contents of which have been partially removed, unless otherwise authorized by law or city regulation or permit;
(5) Intentionally or knowingly block, obstruct, impair or hinder or attempt to block, obstruct, impair or hinder the free movement of pedestrian traffic in or out of a public facility;
(6) In a manner that unduly interferes with the ability of others to use a public facility, use personal electronic equipment such as cell phones, computers, and other playback devices at an excessively loud volume;
(7) Climb upon an object in such a manner as to create a danger of personal injury or property damage;
(8) Have personal hygiene that unduly interferes with the ability of others to use the public land or public facility, including body odor or strong perfume;
(9) Fail to wear appropriate attire. For the purposes of this restriction appropriate attire includes a top, bottom, and shoes except where public land or public facility-specific regulations allow otherwise;
(10) Bring bicycles, shopping carts, or similar wheeled objects into a public facility when doing so would be inconsistent with the intended use of the public facility;
(11) Solicit, petition, or distribute written materials or canvass for any purpose in a public facility, including doorways or vestibules of a public facility. This includes conducting surveys, distributing materials, soliciting signatures for a petition, sales, and donations for charity;
(12) Place a display or post written material anywhere within a public facility, the violation of which will result in the removal of the written material. This provision does not apply to the display or posting of written material in areas authorized for such activities to occur;
(13) Engage in sexual conduct as defined by ORS 167.060;
(14) Pick, cut, trim or remove flowers, trees, or other vegetation; or
(15) Violate any other law, rule or order that governs conduct, behavior or activity on or in a public facility or public land.
(B) Without exception, the prohibitions listed in this section do not apply to the lawful actions of a person exercising rights of free expression or other rights protected by state or federal law. [Ord. 2022-02 § 2 (Exh. B), 2022; Ord. 2020-03 § 1 (Exh. A), 2020.]
9.35.050 Appeal.
(A) A person receiving an exclusion notice may appeal to the municipal court and request to have the exclusion reversed or the exclusion period shortened.
(B) A person must file an appeal of an exclusion notice with the city within 10 calendar days of receipt of the notice, unless the municipal court extends the deadline upon a showing of good cause.
(C) An appeal of an exclusion notice automatically stays the exclusion period until the municipal court issues a decision on the appeal.
(D) The municipal court will decide all appeals within 10 days of their filing, unless the municipal court extends the hearing date. [Ord. 2020-03 § 1 (Exh. A), 2020.]