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16.20.910 City-Owned Parking Garages Rules of Conduct.

City Code Section
  1. The City Administrator may develop and enforce rules of conduct for City parking garages and require all persons to obey the rules of conduct. City parking garages include any publicly- or privately-owned real property, and the buildings, structures and facilities on it, placed under the jurisdiction of the City for parking garage purposes, and includes all land granted to the City for such purposes. Any person who fails to comply with the rules of conduct for City parking garages or the reasonable direction of the Person in Charge, may be excluded as provided in this Section.
  2. A.  Person in Charge is defined in ORS 164.205(5) and includes, but is not limited to, any of the following while acting in the scope of employment, agency or duty:
    1. 1.  Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau;
    2. 2.  Any person providing security services in a City parking garage pursuant to any contract with the City, or with any person, firm or corporation managing City parking garages or City leased properties on the City's behalf; and
    3. 3.  Any person specifically designated in writing as the Person in Charge by the City Administrator.
  3. B.  City parking garage exclusions. Any Person in Charge may exclude any person who violates any rule of conduct while in or upon any City parking garage, from all City parking garages for a period of 180 days.
    1. 1.  The notice of exclusion will be in writing, given to the person excluded and signed by the Person in Charge. It will specify the dates and places of exclusion. It will contain a warning of consequences for failure to comply with the notice of exclusion and information concerning the right to appeal the exclusion.
    2. 2.  A person receiving a notice of exclusion may appeal, in writing, to the Code Hearings Officer in accordance with the provisions of Title 22 of the Code to have the notice of exclusion rescinded. Notwithstanding the provisions of Title 22, the appeal to the Code Hearings Officer must be filed within five days of issuance of the notice of exclusion, unless extended by the Code Hearings Officer for good cause shown. The sworn statement of the Person in Charge who issued the notice of exclusion will be used as evidence on appeal, unless the appellant requests, in writing, the presence of the Person in Charge at the appeal hearing.
  4. C.  City parking garages rules of conduct.
    1. 1.  No person may violate federal, state, or city law.
    2. 2.  No person may enter or remain for any purpose other than to park or retrieve a motor vehicle or do business with a City parking garage retail tenant.
    3. 3.  No person may possess any weapon or any similar instrument that can be used to inflict injury upon a person or damage to property, except to the extent permitted by Oregon law.
    4. 4.  No person may use City parking garages for the purpose of housing or camping, including but not limited to, sleeping, bathing, cooking, or use as a restroom.
    5. 5.  No person may deface, damage, or destroy City parking garages.
    6. 6.  Unless authorized by the City, no person may post or place on cars any handbills, flyers, or posters of any kind within City parking garages.
    7. 7.  No person may engage in sexual conduct as defined by ORS 167.060 (10).
    8. 8.  Other than at City-authorized events, no person may possess an open container of alcohol or consume alcoholic beverages.
    9. 9.  Other than at City-authorized events, no person may play or use amplified or audio equipment at a level that disturbs others.
    10. 10.  Other than at City-authorized events, no person may participate in parties, rave parties, or other similar gatherings.
    11. 11.  No person may use City parking garages and/or their structures and fixtures, including but not limited to, walls, railings, banisters, stairs, or ventilation fixtures, in ways they were not intended to be used, including but not limited to, sitting, standing, lying kneeling, skating, or skateboarding.
    12. 12.  No person may smoke or carry any lighted smoking instrument while in the elevator or any enclosed portion of City parking garages.
    13. 13.  No person may engage in conduct that disrupts or interferes with normal operations of City parking garages, or any tenant of a City parking garage, or that disturbs employees or patrons of City parking garages, including but not limited to, conduct that involves the use of abusive or threatening language or gestures, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior.
    14. 14.  No person may interfere with free passage of patron or employees of City parking garages, including but not limited to, placing objects such as bicycles, backpacks, carts or other items in a manner that interferes with free passage.
    15. 15.  No person may refuse to obey any posted parking signs or any reasonable direction of a Parking Garage Officer.

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