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14B.30.030 Civil Exclusions.

City Code Section

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 prostitution-free zone designated in Code Chapter 14B.30 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 prostitution-free zone, unless the offense was committed entirely within a private residence:

1.  Attempted prostitution, in violation of ORS 161.405;

2.  Prostitution, in violation of ORS 167.007;

3.  Attempted promoting prostitution, in violation of ORS 161.405;

4.  Promoting prostitution, in violation of ORS 167.012;

5.  Attempted compelling prostitution, in violation of ORS 161.405;

6.  Compelling prostitution, in violation of ORS 167.017;

7.  Loitering to solicit prostitution, in violation of Portland City Code 14A.40.040; or

8.  Unlawful prostitution procurement activity, in violation of Portland City Code 14A.40.050.

B.  A one (1) year exclusion from any public right of way and park within a prostitution-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 prostitution-free zone and the person was both given 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.   

C.  A person excluded from a prostitution-free zone under authority of this Section may not enter that prostitution-free zone 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-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 prostitution-free zone on a Tri-Met vehicle;

7.  Travel through that prostitution-free zone on the I-5, I-84, I-205 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 prostitution-free zone;

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 14B.30.060 B.

D.  An exclusion is valid only if the person to be excluded received actual notice of the exclusion as required by 14B.30.050; including notice of the limitations of the exclusion contained in 14B.30.020.