14B.20.030 Civil Exclusion.

City Code Section

(Amended by Ordinance 180213, effective June 14, 2006.)

  1. A.  A person is subject to exclusion under the process described in this chapter for a period of ninety (90) days from any public right of way and park within a drug-free zone designated in Code Chapter 14B.20 if that person has been arrested and either cited to appear in court for charging or lodged in jail for presentation to a magistrate for charging based upon probable cause to believe that the person has committed any of the following offenses within that drug-free zone, unless the offense was committed entirely within a private residence:
    1. 1.  Attempt to unlawfully possess a controlled substance, in violation of ORS 161.405;
    2. 2.  Criminal solicitation to unlawfully possess a controlled substance in violation of ORS 161.435;
    3. 3.  Criminal conspiracy to unlawfully possess a controlled substance in violation of ORS 161.450;
    4. 4.  Any violation of any of the controlled substance offenses described in:
      1. a.  ORS 475.840;
      2. b.  ORS 475.846 through 475.894;
      3. c.  ORS 475.904; or
      4. d.  ORS 475.910; except
      5. e.  Possession of less than an ounce of marijuana under ORS 475.864(3) shall not be a basis for exclusion.
    5. 5.  Criminal conspiracy to unlawfully deliver a controlled substance in violation of ORS 161.450;
    6. 6.  Attempt to unlawfully deliver an imitation controlled substance, in violation of ORS 161.405;
    7. 7.  Criminal conspiracy to unlawfully deliver an imitation controlled substance in violation of ORS 161.450; or
    8. 8.  Unlawful delivery of an imitation controlled substance, in violation of ORS 475.912.
  2. B.  A one (1) year exclusion from any public right of way and park within a  drug-free zone shall take effect upon the  day after conviction for any of the offenses enumerated in Subsection A of this Section if that offense was committed within that drug-free zone and the person was both given actual notice prior to the exclusion that the City would impose a one-year exclusion upon conviction and notified of the right of appeal and the process for initiating an appeal. 
  3. C.  A person excluded from a drug-free zone under authority of this Section may not enter that drug-free zone except to travel to and from and be present at the events and locations listed below:
    1. 1.  Attend a meeting with an attorney;
    2. 2.  Attend a scheduled initial interview with a social service provider;
    3. 3.  Comply with court-or corrections-ordered obligations;
    4. 4.  Contact criminal justice personnel at a criminal justice facility;
    5. 5.  Attend any administrative or judicial hearing relating to an appeal of:
      1. a.  the person's notice of exclusion; or
      2. b.  the denial, revocation, or amendment of the person's variance;
    6. 6.  Travel through that drug-free zone on a Tri-Met vehicle; or
    7. 7.  Travel through that drug-free zone on the I-5, I-84 or I-405 freeways within its boundaries;
    8. 8.  Reside in a dwelling or facility;
    9. 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 drug-free zone;
    10. 10.  Obtain social services when:
      1. a.  the excluded person is in need of social services;
      2. b.  the social services are sought for reasons relating to the health or well-being of the excluded person; and
      3. c.  the social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients.
    11. 11.  Obtain education by:
      1. a.  Enrolling as a student at an educational facility; or
      2. b.  attending school at an educational facility.
    12. 12.  Work as the owner, principal, agent or employee at a place of lawful employment;
    13. 13.  Perform work directly related to lawful employment;
    14. 14.  Be present at any place or event as specified by a variance issued by the Chief of Police or designee pursuant to 14B.20.060 B.
  4. D.  An exclusion is valid only if the person to be excluded received actual notice of the exclusion as required by 14B.20.050; including notice of the limitations to the exclusion contained in 14B.20.020.
  5. E.  An exclusion is not valid if the probable cause on which it is based consists of mere use or effects of use of controlled substances rather than criminal acts concerning controlled substances as defined by Oregon statute, whether or not the person subject to exclusion pursues an appeal of the exclusion.

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