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14B.60.010 Definitions.

City Code Section
  1. For the purposes of this Chapter, the following definitions apply:
  2. A.  Chronic nuisance property means:
    1. 1.  Property on which three or more nuisance activities exist or have occurred during any 30 day period;
    2. 2.  Property on which or within 200 feet of which any person associated with the property has engaged in three or more nuisance activities during any 30 day period;
    3. 3.  Property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, 475.005 through 475.285 and/or 475.940 through 475.995 has occurred within the previous 30 days, and the Chief of Police or a Precinct Commander has determined that the search warrant was based on evidence of continuous or repeated nuisance activities at the property; or
    4. 4.  Property on which continuous or repeated nuisance activities as defined in Subsections 14B.60.010 D.7., 8., 13., and/or 14. exist or have occurred.
  3. B.  Control means the ability to regulate, restrain, dominate, counteract or govern Property, or conduct that occurs on a Property.
  4. C.  Nuisance activities means any of the following activities, behaviors or conduct:
    1. 1.  Harassment as defined in ORS 166.065(1)(a)(A) and (B);
    2. 2.  Bias as defined in ORS 166.155 through 166.165;
    3. 3.  Disorderly conduct as defined in ORS 166.025:
    4. 4.  Assault or menacing as defined in ORS 163.160 through ORS 163.190;
    5. 5.  Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as defined in ORS 163.415 through ORS 163.445;
    6. 6.  Public indecency as defined in ORS 163.465;
    7. 7.  Prostitution or related offenses as defined in ORS 167.007 through ORS 167.017;
    8. 8.  Alcoholic liquor violations as defined in ORS 471.105 through 471.482;
    9. 9.  Offensive littering as defined in ORS 164.805;
    10. 10.  Criminal trespass as defined in ORS 164.243 through 164.265;
    11. 11.  Theft as defined in ORS 164.015 through 164.140;
    12. 12.  Arson or related offenses as defined in ORS 164.315 through 164.335;
    13. 13.  Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 475.005, 475.752 and 475.912;
    14. 14.  Illegal gambling as defined in ORS 167.117, and/or ORS 167.122 through ORS 167.127;
    15. 15.  Criminal mischief as defined in ORS 164.345 through 164.365;
    16. 16.  Any attempt to commit (as defined in ORS 161.405), and/or conspiracy to commit (as defined in ORS 161.450), any of the above activities, behaviors or conduct;
    17. 17.  Fire or discharge of a firearm as defined in Section 14A.60.020;
    18. 18.  Unlawful operation of sound producing or reproducing equipment as defined in Section 14A.30.010 and/or excessive noise as defined in Portland City Code Chapters 18.04 and/or 18.14;
    19. 19.  Unlawful drinking in public places as defined in Portland City Code 14A.50.010;
    20. 20.  Curfew as defined in Section 14A.80.010; or
    21. 21.  Indecent exposure as defined in Section 14A.40.030.
  5. D.  Person means any natural person, agent, association, firm, partnership, corporation, or other entity capable of owning, occupying, or using property in the City.
  6. E.  Person associated with means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, Person in Charge, or owner of a property.
  7. F.  Person in Charge means any person, in actual or constructive possession of a property, including but not limited to an owner or occupant of property under their ownership or control.
  8. G.  Precinct Commander means any Commander of the Portland Police Bureau in charge of a Precinct.
  9. H.  Property means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property may be limited to the unit or the portion of the property on which any nuisance activity has occurred or is occurring but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping.

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