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14A.30.080 Unlawful Street Takeover and Unlawful Staging of a Street Takeover Event.

City Code Section

(Added by Ordinance 190541, effective August 18, 2021.)

  1. A.  The following definitions apply to this section:
    1. 1.  Highway means the entire width of a public right-of-way when any portion thereof is intended for motor vehicle movement or motor vehicle access to abutting property.
    2. 2.  Public place means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, the grounds surrounding buildings or dwellings, streets, sidewalks, bridges, tunnels, alleys, plazas, parks, driveways, and parking lots.
    3. 3.  Motor vehicle has the meaning provided by Section 14A.10.010 K.
    4. 4.  Unlawful street takeover event means an activity that is:
      1. a.  Unpermitted;
      2. b.  Preplanned or contemporaneously coordinated by two or more persons; and
      3. c.  Involves one or more persons demonstrating, exhibiting, or comparing the maneuverability or power of one or more motor vehicles in a curved direction, in a circular direction, or around corners, including but not limited to by breaking traction in a curved or circular direction or around corners.
    5. 5.  Unpermitted means without the express written permission of the owner of private property on which the activity occurs or without authorization by the Portland City Code, ordinance, permit or other authorization by a governmental body with legal authority to authorize the activity.
  2. B.  A person commits the offense of an Unlawful Street Takeover if, in a public place or upon a highway, the person knowingly operates a motor vehicle while engaged in an unlawful street takeover event.
  3. C.  A person commits the offense of Unlawful Staging of a Street Takeover Event if, in a public place or upon a highway, the person knowingly uses a motor vehicle or other obstacle to create a physical barrier to impede an intersection, bridge, public right of way, or other public place or highway to create a location or physical opportunity for an unlawful street takeover event.
  4. D.  The court may impose a sentence of up to 30 days imprisonment and a fine not to exceed $500 under this section for Unlawful Street Takeover or Unlawful Staging of a Street Takeover Event; provided, however, that a person charged the first time for either offense may be provided the opportunity to participate in a diversion program approved by the District Attorney, unless the conduct results in death or physical injury as defined by ORS 161.015 to a person other than the defendant.
  5. E.  Any peace officer as defined by ORS 161.015(4) may, without prior notice, order a motor vehicle towed as evidence of a crime, for community caretaking, or for any other lawful purpose, without respect to the person’s ownership of the motor vehicle, when the peace officer has probable cause to believe the person operating or in possession or control of the motor vehicle has committed the offense of Unlawful Street Takeover or Unlawful Staging of a Street Takeover Event. The owner of a motor vehicle that has been towed under this section may seek the return of the motor vehicle as provided by law.