Chapter 9.49
CITY PARKS AND CITY PROPERTY EXCLUSION
Sections:
9.49.030 Effect of exclusion and criminal trespass.
9.49.010 Purpose.
In addition to other measures provided for violation of this Code, or any of the laws of the State of Oregon, any Police Officer or park official may exclude from city property and parks, excluding public rights-of-way, any person who violates any provision of this Code, any of the laws of the State of Oregon, or any rule or regulation issued by the City of Gladstone.
Statutory Reference: ORS
History: Ord. 1300 §1, 2000; Ord. 1509 §1 (Exh. A), 2021.
9.49.012 Definitions.
As used in this chapter:
“City property” means and includes all real property owned by the city, other than public right-of-way and utility easement, and all property held in proprietary capacity by the city.
Statutory Reference: ORS
History: Ord. 1509 §1 (Exh. A), 2021.
9.49.020 Period of exclusion.
Exclusion under this chapter may be for a period of not more than 30 days and may apply to all city parks or city property, excluding public rights-of-way within the City of Gladstone. The exclusion period will not begin until the eleventh business day after the issuance of the exclusion or until the appeal is decided under GMC Section 9.49.060, whichever date is later, to allow for due process.
Statutory Reference: ORS
History: Ord. 1300 §1, 2000; Ord. 1509 §1 (Exh. A), 2021.
9.49.030 Effect of exclusion and criminal trespass.
A person excluded pursuant to this chapter may not enter or remain upon that city property or city parks during the exclusion period, except a person excluded from the Civic Center Complex may enter upon or remain at the Civic Center Complex to the extent necessary to file documents required to be filed with a city official or appear in a Municipal Court proceeding. A person who knowingly violates an order of exclusion from city parks or city property commits the crime of criminal trespass.
Statutory Reference: ORS
History: Ord. 1300 §1, 2000; Ord. 1509 §1 (Exh. A), 2021.
9.49.040 Written notice.
(1) Written notice shall be given to any person excluded from any city parks or city property.
(2) The notice shall specify the dates and places of exclusion. It shall be signed by the issuing party. The notice shall prominently display the consequences for failure to comply, including criminal trespass under ORS 164.245 and instructions for requesting a hearing to appeal the exclusion.
Statutory Reference: ORS 164.245.
History: Ord. 1300 §1, 2000; Ord. 1509 §1 (Exh. A), 2021.
9.49.050 Request for hearing.
A person receiving a notice of exclusion may request a hearing before a hearings officer to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the Gladstone Municipal Court within five business days of receipt of the exclusion notice. Failure to file written notice of appeal within five business days will be deemed a waiver of further action.
Statutory Reference: ORS
History: Ord. 1300 §1, 2000; Ord. 1509 §1 (Exh. A), 2021.
9.49.060 Hearing procedures.
(1) When a timely request for a hearing is made, a hearing shall be held before the Gladstone Municipal Court.
(2) The hearing shall be set for the next available Municipal Court date. The hearing may be scheduled for a later date if the person excluded so requests.
(3) At the hearing, the person excluded may contest the validity of the exclusion.
(4) The city official shall have the burden of proving the validity of the exclusion by a preponderance of evidence. The city official may present evidence either by testimony or written report of the officer. If the city evidence is presented only by written report and the court cannot resolve a question by information contained in the report, the hearing may be held open for a reasonable time to complete the record.
(5) If the court finds that:
(a) The person excluded violated any provision of this Code, any law of the State of Oregon, or any policy, rule or regulation of the park district, then the court shall enter an order sustaining the exclusion; or
(b) The person excluded did not violate any provision of this Code, any law of the State of Oregon, or any policy, rule or regulation of the park district, then the court shall enter an order rescinding the exclusion.
(c) Once a person has been deemed to be excluded, the 30-day time period will begin on the date of the ruling by the court.
(6) The decision of the court is final.
Statutory Reference: ORS
History: Ord. 1300 §1, 2000; Ord. 1509 §1 (Exh. A), 2021.
9.49.070 Temporary waiver.
At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the Chief of Police for a temporary waiver from the effects of the notice of exclusion from city parks or city property. A waiver may be granted if the Chief of Police determines good cause exists.
Statutory Reference: ORS
History: Ord. 1300 §1 (pan), 2000; Ord. 1509 §1 (Exh. A), 2021.