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14A.90.030 Civil Exclusion.

A.  A person is subject to exclusion under the process described in this chapter from any City-owned space, public right of way and park within an Illegal Firearms Use Hotspot designated in Code Chapter 14A.90 for the duration of a sentence of probation or parole or the duration of juvenile court jurisdiction over the person if the probation, parole or jurisdiction is based on a court finding the person committed any of the following offenses:

1.  Any state firearm use or possession crime; or

2.  Any City of Portland firearm use crime.

B.  An exclusion from all Illegal Firearms Use Hotspot shall take effect upon the day after conviction or finding of jurisdiction for any of the offenses enumerated in Subsection 14A.90.030 A. of this Section when the person has both been given actual notice prior to the exclusion that the City would impose an exclusion upon conviction or adjudication and notified of the right of appeal and the process for initiating an appeal. 

C.  A person excluded from an Illegal Firearms Use Hotspot under authority of this Section may not enter that Illegal Firearms Use Hotspot except to travel to and from and be present at the events and locations listed below:

1.  Attend a meeting with an attorney;

2.  Attend a scheduled initial interview with a social service provider;

3.  Comply with court-ordered or corrections-ordered obligations;

4.  Contact criminal justice personnel at a criminal justice facility;

5.  Attend any administrative or judicial hearing relating to an appeal of:

a.  the person's notice of exclusion; or

b.  the denial, revocation, or amendment of the person's variance;

6.  Travel through that Illegal Firearms Use Hotspot on a Tri-Met vehicle; or

7.  Travel through that Illegal Firearms Use Hotspot on the I-5, I-84 or I-405 freeways within its boundaries;

8.  Reside in a dwelling or facility;

9.  Satisfy, or attempt to satisfy an essential need by accessing a public or private place that provides an essential need or service when the essential need cannot reasonably be satisfied by the excluded person without entering the Illegal Firearms Use Hotspot;

10.  Obtain social services when:

a.  the excluded person is in need of social services;

b.  the social services are sought for reasons relating to the health or well-being of the excluded person; and

c.  the social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients.

11.  Obtain education by:

a.  Enrolling as a student at an educational facility; or

b.  attending school at an educational facility.

12.  Work as the owner, principal, agent or employee at a place of lawful employment;

13.  Perform work directly related to lawful employment;

14.  Be present at any place or event as specified by a variance issued by the Chief of Police or designee pursuant to Subsection 14A.90.060 B.

D.  An exclusion is valid only if the person to be excluded received actual notice of the exclusion as required by Section 14A.90.050; including notice of the limitations to the exclusion contained in Section 14A.90.020.

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