(Replaced by Ordinance No. 180743, effective February 23, 2007.)
20.12.010 Purpose of Establishing Prohibited Conduct.
The purpose of this Chapter is to preserve the Parks for the enjoyment, safety, comfort and convenience of the public and to enhance the orderly administration of the Parks, by prohibiting conduct that unreasonably interferes with the administration and lawful use of the Parks. The purpose of this Chapter is not to punish any person for prior conduct, but, rather, to provide civil and non-punitive regulations the Council finds necessary to prevent nuisances and to protect the health, welfare and safety of the public using the City’s Parks. Any violation of the provisions of this Chapter is punishable in accordance with Section 1.01.140 of this Code.
20.12.020 Soliciting For or Conducting Business.
A. Except as expressly permitted under the terms of a lease, concession or permit, no person shall solicit for or conduct any business in a Park.
B. For purposes of this Section, “solicit for or conduct any business” means:
1. Sell or offer to sell any article or service;
2. Display goods, or descriptions or depictions of goods or services, with the intent to engage any member of the public in a transaction for the sale of any good or service; or
3. Perform or engage in any act with the intent or expectation of receiving payment therefor from any person.
C. Nothing in this Section shall prohibit any act by any Park Officer in the scope of employment or duty, or by any person performing any work on behalf of the City, nor shall this Section be construed to prohibit any act protected under the circumstances by the federal or state constitution.
20.12.030 Unlawful Urination or Defecation.
No person shall urinate or defecate in any park except in a convenience station designed for that purpose; or blow, spread, or place any nasal or other bodily discharge; or spit, urinate, or defecate on the floors, walls, partitions, furniture, fittings, or on any portion of any public convenience station or in any place in such station, excepting directly into the particular fixture provided for that purpose; or place any bottle, can, cloth, rag, or metal, wood, or stone substance in any of the plumbing fixtures in any such station.
20.12.040 Unlawful Acts Involving Alcohol, Controlled Substances or Prescription Drugs.
(Amended by Ordinance No. 188112, effective December 23, 2016.)
A. No person shall sell, possess or consume any alcoholic beverage in any park, except under a concession contract or lease, or by permit issued under Chapter 20.08. Such permit may include any conditions as, in the discretionary judgment of the Parks Reservation Center, will promote the preservation of the parks for the peaceful enjoyment of the public at large.
B. No person shall commit any of the following acts in a Park:
1. Sell, distribute, make available or offer to provide a controlled substance or prescription drug to another;
2. Package, possess or store a controlled substance;
3. Transport a controlled substance or materials intended to be used in the packaging of a controlled substance;
4. Solicit another to provide, make available, sell or distribute a controlled substance or prescription drug to any person; or
5. With the intent to engage in any act prohibited by this Section, seek, meet, approach or encounter another.
C. Nothing in Subsection B of this Section shall prohibit the possession in a Park of medications prescribed to the person or to a person under that person’s care, if and under such conditions as possession of such substance is otherwise lawful.
D. Nothing in Subsection B. of this Section shall prohibit the possession in a Park by any person 21 years of age or older of not more than one ounce of usable cannabis, so long as that cannabis is in a closed container.
E. For purposes of this Section, “controlled substance” shall have the meaning provided in ORS 475.005(6), and “prescription drug” shall have the meaning provided in ORS 689.005(6).
20.12.050 Possession of Weapons.
(Corrected under authority of PCC Section 1.01.035 on June 2, 2017.) No person shall possess in any Park any thing specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another. Things prohibited under this Section include, but are not limited to: any firearm, pellet gun, spring-loaded weapon, stun gun or taser, any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any knife with a blade longer than 3-½ inches, any dirk, dagger, ice-pick, sling shot, slungshot, metal knuckles, nunchaku, studded handcoverings, swords, straight razors, tear gas containers, saps, sap gloves, hatchets or axes. The prohibitions of this Section do not apply to handguns lawfully carried by persons exempt from local regulation under ORS 166.173. The prohibitions of this Section do not apply to any thing possessed or used to carry out actions authorized by any contract or permit in any Park.
20.12.060 Prohibited Conduct Relating to Permits.
A. No person shall engage in any conduct or activity in any Park for which a permit is required under Section 20.08.010 of this Code, unless a permit has been issued for that conduct or activity.
B. No person, at any event in any Park for which a permit has been issued under Chapter 20.08 of this Code, shall engage in any conduct prohibited by Section 20.08.060 of this Code.
20.12.070 Unlawful Use of Trees, Monuments, Vases, Fountains, Railings, Fences or Tables.
It is unlawful for any person to climb any tree, or walk, stand, or sit upon the monuments, vases, railings, or fences, or lie on any picnic table in any Park. No person shall climb, walk, stand or sit upon, or enter, wade or dive into or swim in any fountain in any Park, except for fountains where such use is designated by the Director.
20.12.080 Structures in Parks.
Except as permitted under Section 20.08.010 B and/or under Section 20.08.070, no person shall excavate for, erect, install or place, or do any act as part of or commencement of excavation, erection, installation or placement of any permanent or temporary structure or facility in or on any Park. This Section does not prohibit the mere carrying of any item in or through a Park, nor does it prohibit the use or placement of personal accessories, such as purses, backpacks or bags, or the use or placement of wheelchairs, walkers or baby carriages or child strollers in any Park, except in areas where those items are prohibited by the Director.
20.12.090 Disposing of Rubbish.
A. No person shall place any garbage, or other rubbish, or refuse or debris, nor shall any person deposit or leave birdseed, breadcrumbs or other food particles or food waste, in or upon any Park. Nothing in this Section shall prohibit any person from eating food in any Park, nor shall the prohibitions of this Section apply to the incidental loss of food particles that cannot reasonably be collected and properly disposed of.
B. No person shall enter any Park with garbage, or other rubbish or refuse or debris that has originated from outside the Park, for the purpose of disposing of any of the rubbish, refuse, or debris in the Park.
C. The prohibitions of this Section shall not apply to the disposal, in receptacles provided for that purpose, of garbage or refuse that results from the normal use of the Park for recreational or other lawful purposes.
20.12.100 Vandalism; Protection of Park Property and Vegetation.
(Amended by Ordinance No. 184522, 185448 and 186053, effective January 1, 2015.)
A. No person shall take, remove, destroy, break, cut, injure, mutilate, or deface in any way or attach any thing to, any structure, monument, statue, vase, fountain, wall, fence, railing, gate, vehicle, bench, or other property in any Park. No person shall remove, destroy, break, injure, mutilate, or deface in any way in any Park any shrub, fern, plant, flower, or other vegetation. No person shall plant, prune, remove, destroy, break, injure, mutilate, or deface in any way in any Park any tree without a permit from the City Forester under the provisions of Title 11. This provision shall not prohibit authorized work done for, by or on behalf of the City.
B. No person shall, without prior authorization, take, use, or have in his or her possession any equipment belonging to the City and designated for park or recreation use, outside of the limits of the established Park or Parks facility.
20.12.110 Fires, Fireworks and Smoking Prohibited.
(Amended by Ordinance Nos. 187020 and 187231, effective July 25, 2015.)
A. No person shall light any fire in any Park, except in areas and/or facilities designated by the Director for such use and in conformance with all applicable laws. This Section does not prohibit lighting cigarettes, cigars or pipes in areas where smoking is permitted, nor does it prohibit the use of legal fireworks except as provided in Subsection B. of this Section or in areas in which the Director has prohibited such use.
B. No person shall possess or ignite any fireworks in any Park, where such possession or use is unlawful under State law. No person shall possess or ignite any otherwise legal fireworks in any of the following Parks, without a permit:
1. Pioneer Courthouse Square;
2. O’Bryant Square;
3. Lownsdale Square;
4. Forecourt/Ira Keller Fountain;
5. Ankeny Square;
6. Classical Chinese Garden;
7. Block 5 Park (Moyer);
8. Eastbank Esplanade;
9. Holladay Park;
10. Any nature park or area designated as a natural area;
11. Any other Park or Park area designated by the Director.
C. No person shall smoke or use tobacco in any form in any place in any Park. For purposes of this Section, smoking and tobacco are defined to include, but are not limited to: bidis, cigarettes, cigarillos, cigars, clove cigarettes, e-cigarettes, nicotine vaporizers, nicotine liquids, hookahs, kreteks, pipes, chew, snuff, smokeless tobacco, and marijuana.
D. Notwithstanding the prohibitions contained in this Section, golf tournaments may apply for a permit to allow smoking and tobacco use in designated areas at City golf courses.
E. The Director, in consultation with the Commissioner in Charge, in a manner consistent with the City’s Human Resource Administrative Rules, may establish designated smoking and tobacco use areas for Parks employees for whom there is no reasonably available non-parks property where smoking and tobacco use is allowed.
F. Smoking of noncommercial tobacco products for ceremonial purposes in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996, as well as for similar religious ceremonial uses for other cultural groups shall be permitted. “Noncommercial tobacco products” means unprocessed tobacco plants or tobacco by-products used for ceremonial or spiritual purposes by Native Americans.
G. Notwithstanding any other provision of this Code, a person who violates Section 20.12.110 C. shall not be subject to exclusion under Section 20.12.265, or to criminal enforcement under Section 1.01.140 of this Code. Rather, any person violating Subsection 20.12.110 C. shall be required to leave the Park in which the offense occurred, for the remainder of the day. Enforcement will be administered by PP&R staff who have the authority to enforce park rules, except that any person providing security services at Pioneer Courthouse Square, Director Park, or that portion of the South Park Blocks adjacent to Portland State University may enforce the prohibitions on tobacco and smoking in that Park, but only in the manner provided by this Section.
(Amended by Ordinance No. 186008, effective May 31, 2013.)
A. No person shall injure, harm, disturb, or molest any wild or domestic animal in any Park.
B. No person owning, in control of or responsible for any dog shall allow that dog to be in any Park if the dog is not held securely on a leash no greater than eight feet in length, except in such Parks or portions of Parks as the Director may designate as off-leash areas, or during such times as the Director may establish as off-leash hours; provided, however, that a violation of any rule established by the Director governing any designated off-leash area or off-leash hours shall be a violation of this Section. Nothing in this Section shall limit the authority of the Director to terminate, alter or amend the designation of any off-leash area or off-leash hours.
C. No person owning, in control of or responsible for any horse or other animal capable of being ridden by a person shall allow that animal to be in any Park, except in such Parks or portions of Parks as the Director may designate for use by such animals.
D. No person shall hitch any animal to any tree, shrub, fence, railing, or other structure or facility in any Park, except to such structures or facilities as are designated for that purpose.
E. No person shall bring or keep any animal in any Park if the animal is not within the person’s immediate reach and control.
F. No person owning, in control of or responsible for any animal shall allow that animal to enter or remain upon any of the following in any park:
1. Any lake, fountain, pond or stream.
2. Any tennis court, basketball court, running track or other artificial sports surface or manicured turf sports field.
3. Any sports facility enclosed by a fence or wall.
4. Any area where such animals are prohibited by the Director.
G. No person shall allow any animal in that person’s ownership, possession, custody or control to injure any other person or animal or damage any property in any Park. Any person so allowing any animal to cause any such injury or damage shall be liable for the full amount of the injury or damage and for the costs of impounding the animal.
H. No person shall allow any animal in the person’s possession, custody or control to discharge any fecal material in any Park unless the person promptly removes and disposes of the fecal material in an appropriate receptacle. No person shall allow any animal in the person’s possession, custody or control to enter or remain in any Park unless the person has in the person’s possession the equipment necessary to remove and properly dispose of any fecal material deposited by the animal in the Park.
I. No person owning, in control of or responsible for any animal shall allow that animal to be in any Park if the animal is not in compliance with applicable Multnomah County Animal Control regulations; provided, however, that dogs otherwise complying with those regulations may be off leash in designated off-leash areas or during designated off-leash hours.
J. Any animal in any Park in violation of any provision of this Section may be impounded, at the expense of the animal’s owner, on the order of any Park Officer or of any Animal Control officer.
K. The prohibitions of this Section do not apply to service animals while performing their qualifying services, nor to animals while in the course of the official performance of police or rescue activities.
L. Notwithstanding any other provision of this Code, any person violating Subsections 20.12.120 B.,E.,F. or H.is subject only to a civil penalty not to exceed $150 for each violation. Any person assessed a civil penalty under this Subsection may appeal the citation to the Code Hearings Officer in accordance with the provisions of Title 22 of this Code.
20.12.150 Fishing and Bathing.
No person shall fish, wade, swim, or bathe in any Park except in the places designated by the Director for such purposes.
20.12.160 Unlawful Use of River Frontage Along Park Property.
A. No person shall jump or dive from any seawall, pier or dock in any Park, into the Willamette or Columbia Rivers.
B. No person shall tie or fasten any log, boat, or other floating equipment to or upon Park property bordering upon the Willamette or Columbia Rivers, except for temporary mooring of pleasure boats, in accordance with the provisions of Section 19.16.060 of this Code.
20.12.170 Use of Certain Devices or Equipment.
A. No person shall use any slingshot, javelin, shotput, discus, golf equipment, or archery equipment, or any device capable of launching a projectile, in or upon any Park, except in areas specifically designated or provided for that particular use, subject to the direction of authorized Park Officers.
B. No person shall use any wheeled vehicle, including unicycles, bicycles, tricycles, skateboards, roller skates or roller blades, motorized or unmotorized scooters, or any motorized vehicle on any tennis court, basketball court, running track or other artificial sports surface or designated sports facility except in areas specifically designated or provided for such use. The prohibitions of this Subsection shall not apply to medical mobility devices or to child strollers or baby carriages.
C. Without limiting the applicability of Section 20.12.030 to this or any other activity, no person shall ride or operate a skateboard on any brickwork, cobblestone or ornamental surface, picnic table, tennis court, fountain area, planter, or sculpture located in a Park.
D. No person shall operate any motorized vehicle or motorized wheeled vehicle or motorized wheeled device in any Park, except on Park roads or in designated vehicle parking areas, or by permit. The prohibitions of this Section do not apply to authorized service or emergency vehicles or to the following electric mobility devices used by persons who need assistance to be mobile, and used in accordance with all applicable park and traffic rules:
1. “Electric assisted bicycle” as defined in ORS 801.258;
2. “Motorized wheelchair,” “Mobility scooter” or “Power chair” defined as an electric powered transportation device for one person in a seated position, with feet resting on floorboards or foot rests, and incapable of exceeding a speed of 20 mph; or
3. “Human or personal transporter system” defined as a self-balancing, electric-powered transportation device with two wheels, able to turn in place, and designed to transport one person in a standing position, with a top speed of 20 mph.
E. No person shall operate an electric mobility device in a park in an unsafe manner or at a speed exceeding 15 mph, or, when pedestrians are present, at a speed exceeding 5 mph, or fail to yield the right-of-way to all pedestrians.
20.12.180 Remote Control Vehicles, Aircraft and Watercraft.
No person shall operate any remote-controlled internal combustion powered vehicle, or any remote-controlled electric or internal combustion powered watercraft or aircraft, in, on or over any Park, except in such places the Director may designate for such use.
20.12.190 Emergency Park Closure.
A. In case of an emergency, or in case where life or property are endangered, all persons, if requested to do so by any Park Officer, shall depart from the portion of any Park specified by that Park Officer, and shall remain off that Park or that portion of the Park until permission is given to return.
B. Notwithstanding Section 20.12.210, whenever it is in the interest of public health or safety to do so, the Commissioner or the Mayor, the Director, or an officer of the Bureau of Police may close any Park, or any part thereof, and may erect or cause to be erected barricades prohibiting access to any such Park, or part thereof, at appropriate locations. Notices that any Park, or part thereof, is closed shall be posted at appropriate locations during the period of such closure, if feasible; however, failure to post such notices shall not invalidate such closure nor shall it invalidate any exclusion for violating this Section.
C. No person shall enter any Park or any part thereof that has been closed under this Section, or remain in such Park, or part thereof, after having been notified of the closure and having been requested to leave by the Commissioner, the Mayor, the Director or an officer of the Bureau of Police or Park Officer. A closure under this Section shall not exceed 18 hours without the written approval of the both the Commissioner and the Mayor.
D. When a state of emergency is declared under Section 15.04.040 of this Code, the Mayor or other persons authorized by Section 15.08.020 or by subsection B of this Section may close any park and recreation facility to normal use and may designate that facility for emergency operations, which operations may include providing emergency services to the public, subject to the following conditions:
1. The scope of use of park facilities during such emergency shall be defined by approved City emergency plans or by the Mayor or Commissioner in Charge.
2. If emergency services are provided in any Park facility, members of the public may be allowed into the facility, under the control of and subject to restrictions and conditions established by the organization responsible for the emergency operations at that facility.
3. Costs incurred by PortlandParks and Recreation for emergency operations shall be submitted to the City’s Office of Emergency Management for reimbursement. Costs reimbursable under this Section include facility operating costs, costs to repair damage caused by the emergency operations, and the costs to restore the facility to the condition it was in at the commencement of the emergency.
4. As soon as practicable after the state of emergency is officially terminated, any Park facility closed on account of the emergency or used for emergency operations will re-open for normal use.
20.12.200 Trespassing and Areas Closed to the Public.
A. No person, without the consent of the Director or other authorized Park Officer, shall enter any building, enclosure, or place within any Park upon which the words "no admittance," or similar words indicating that entry is prohibited or restricted, are displayed.
B. No person shall ride, drive, or walk on such parts or portions of the Parks or pavements as are closed to public travel, nor shall any person interfere with barriers erected in any Park.
C. No unauthorized person shall enter any municipal swimming pool, secured stadium or other secured Park facility, or any enclosed area thereof, at any time other than when the facility is regularly open for public use.
D. No person shall enter or remain in any municipal swimming pool, nor in any deck area adjacent thereto, nor in any locker room, shower room, changing room or restroom serving a municipal swimming pool, nor within any designated children’s play area, nor in any area of a Park within twenty-five (25) feet of any outdoor pool fence line or children’s play area, if the person previously has been convicted of any sexual offense under ORS 163.305 to 163.479, or under ORS 163.665 to 163.689, or under the laws of any other jurisdiction that would constitute such an offense if it had been committed in the State of Oregon, if the victim of any such offense was sixteen years of age or younger and was not biologically related to the person. This section shall not apply if the sole basis of the conviction was the lack of consent due solely to the victim’s lack of capacity to consent by reason of being less than a specified age, if the victim was not more than three years younger than the person at the time of the offense.
E. No person, other than a Park Officer on lawful business, shall enter or remain in or on any Park or Park facility for which an admission or use fee is required, without having paid that admission or use fee.
F. No person shall enter or remain in any Park in violation of an exclusion issued under Section 20.12.265.
20.12.210 Hours of Park Closure.
A. No person shall be in a Park during hours of park closure. Unless the Director designates otherwise for any Park, "hours of park closure" means any time between the hours of 12:01 a.m. and 5 a.m.
B. This Section shall not apply to the following:
1. Vehicular traffic crossing on a Park roadway;
2. Pedestrians crossing the North or South Park Blocks, Pioneer Courthouse Square, Lownsdale Square, Chapman Square, Pettygrove Park, or Lovejoy Park.
3. Persons playing golf at a municipal golf course when the golf course is open;
4. Persons attending, participating in, going to or coming from an activity either programmed or scheduled by PortlandParks and Recreation or under a permit issued under Chapter 20.08;
5. Persons in parked vehicles at scenic viewpoints along or adjacent to park roads, where designated parking areas are provided, at times when those roads are open to vehicular traffic;
6. Pedestrians crossing a Park area between the two paved portions of one street or boulevard.
20.12.220 Condition of Parole or Probation or Judicial or Other Order.
No person shall be in any Park when that person is required by any term or condition of the person's parole, probation, post-prison supervision, pretrial release agreement or other judicial order, to stay out of the Park. No person shall be in any Park at any time if an exclusion of the person from that Park under Section 20.12.265 is in effect.
20.12.225 Exclusion From McCoy Park.
(Added by Ordinance No. 184073, effective August 18, 2010.) No person shall be in McCoy Park at any time if an exclusion of the person from New Columbia Properties or the Tamarack Apartments under a Housing Authority of Portland Notice of Exclusion is in effect, provided that the Housing Authority of Portland Notice of Exclusion conspicuously informs the person that, under the provisions of this Section, the person may not be in McCoy Park while that exclusion is in effect. For purposes of this Section, “McCoy Park” means the area bounded by the public street right-of-way on the north by N. Fessenden St., on the south by N. Trenton St., on the east by N. Newman Ave. and on the west by N. Fiske Ave. A person excluded from McCoy Park by operation of this Section may, pursuant to Subsection 20.12.265 G. of this Code, apply in writing to the Commissioner for a waiver of some or all of the effects of the exclusion for good cause.
20.12.230 Pioneer Courthouse Square.
A. In addition to the other provisions of this Chapter, the provisions of this Section apply in Pioneer Courthouse Square. “Pioneer Courthouse Square” means the city block bounded on the north by the south curb of Southwest Morrison Street, on the south by the north curb of Southwest Yamhill Street, on the east by the west curb of Southwest Sixth Avenue, and on the west by the east curb of SW Broadway. It specifically includes the entire area of that block and all improvements thereon, including all pedestrian walkways and transportation shelters and facilities.
B. No person shall climb, stand, sit or lie upon any of the water troughs, trellises, garbage containers or planters, nor climb, stand or lie upon any bench within Pioneer Courthouse Square.
C. No person shall operate any radio or other amplified sound producing device, so as to be audible to another, within Pioneer Courthouse Square, except by permit.
D. No person shall throw any ball, disc or other object, use roller skates or skateboards, ride any bicycle or other wheeled device other than a medical mobility device or a child stroller or baby carriage, or roll any shopping cart within Pioneer Courthouse Square.
E. No person shall violate any ordinance, rule or regulation duly promulgated by TriMet governing the use of its shelters or other facilities located within Pioneer Courthouse Square.
F. The following areas of Pioneer Courthouse Square are designated exclusively for transit use:
1. The walkway areas under the overhead canopies adjacent to SW Yamhill Street, between the southernmost drip line of any overhead canopy and the south side of the base of the decorative wall; and
2. The area within the drip lines of the structures commonly known as the mushroom sculptures adjacent to SW Morrison Street.
No person shall remain in those areas except for the purpose of entering into, exiting from or waiting for a light rail train or trolley.
G. No person shall smoke in any part of Pioneer Courthouse Square.
H. No person shall possess any type of fireworks, whether or not such fireworks are otherwise allowed by law, in Pioneer Courthouse Square, except by permit.
I. No person shall possess any graffiti instrument in Pioneer Courthouse Square with the intent that the instrument be used to tamper with, mar or deface property therein, or knowing that another person intends to so use it, or when a reasonable person would know that the instrument is likely to be so used. For purposes of this Subsection, “graffiti” means the unauthorized spraying or marking of paint, chalk, dye or any other substance to any building, structure or surface. For purposes of this Subsection, “graffiti instrument” means any can of paint or other marking substance under pressure, which can be used to spray surfaces with the paint or other marking substance, or any ink, chalk, dye or other instrument or article adapted or designed for spraying or marking surfaces.
20.12.240 Rules and Regulations, Directions of Park Officers to be Obeyed.
No person shall violate any rule or regulation established under the authority of Section 20.04.020 or 20.04.050, nor refuse or fail to obey any reasonable direction of a Park Officer. For purposes of this Section, a direction of a Park Officer is reasonable if it directs a person to obey, or to cease a violation of, any law, rule or regulation applicable in the Park, or if it is otherwise reasonably related to protection of the health, welfare or safety of the person or of any other person in the Park or to the prevention of damage to property, or if it is reasonably necessary to preserve the peace or to prevent the disruption of any organized activity or permitted event in the Park. A direction of a Park Officer is not “reasonable” under this Section if it is directed to speech or conduct the right to engage in which is, under the circumstances, protected by the federal or Oregon constitution.
20.12.250 Park Officers not Affected.
Nothing in this Chapter shall prohibit the performance by any Park Officer of any otherwise authorized act or duty.
20.12.265 Park Exclusions.
(Replaced by Ordinance No. 189576, effective June, 19, 2019.)
A. To ensure compliance with rules and regulations governing the behavior, conduct or activity of users at Parks and to provide for a safe environment for the Bureau’s operations, and in addition to any other remedy or right of action allowed by law, ejections and exclusions from Parks are authorized in accordance with this Section.
Nothing in this Section shall be construed to authorize the ejection or exclusion of a person for lawfully exercising free speech rights or other rights protected by the Oregon or United States Constitutions. However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to ejection or exclusion as provided by this Section.
B. For the purposes of this Section, the following definitions apply:
1. Disruptive Activity. Disruptive Activity is behavior, conduct or activity that obstructs, disrupts or interferes with the operation or business being conducted by the City, or authorized users, or other permitted activities at a Park.
2. Ejection. An ejection is an order given by an authorized Park Officer directing a person to immediately leave a Park and not to return for the remainder of the day.
3. Exclusion. An exclusion is an order made by an authorized Park Officer prohibiting a person from entering or remaining at a Park for a specified period of time.
4. Park Violation. Park Violation is behavior, conduct or activity at a Park that would constitute a violation of:
a. Federal, state or local law.
b. Provisions of the Code applicable to Parks, including but not limited to Title 11, Title 14, Title 16, and Title 20.
c. Any rule or regulation applicable to Parks.
d. Any ordinance or regulation adopted by the Tri-County Metropolitan Transportation District of Oregon (Tri-Met) governing any Tri-Met facility in a Park.
5. Park Facility. A Park Facility is a facility, building or improved area of a Park where the Bureau engages in business and operational functions at Park Facility, and entry or admission to the Park Facility serves proprietary, revenue or other business purposes.
C. Park Officer Authorized to Eject or Exclude.
1. Any Park Officer may issue an ejection to a person who engages in a Disruptive Activity or a Park Violation and direct that person to immediately leave the Park for the remainder of the day.
2. The following Park Officers are authorized to issue an exclusion to a person who engages in a Disruptive Activity or a Park Violation:
a. Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau.
b. Any Park Ranger.
c. Any Health and Safety Manager for the Bureau, or their designee.
d. Any Division Manager for the Bureau, or their designee
D. Oral Warning.
1. A Park Officer shall attempt to give a person who may be subject to an ejection or exclusion under this Section an oral warning and a reasonable opportunity to stop engaging in the Disruptive Activity or Park Violation; provided, however, failure to give an actual oral warning does not nullify the effectiveness or enforceability of an ejection or exclusion.
2. A Park Officer is not required to attempt to give an oral warning before issuing an ejection or exclusion where the behavior, conduct or activity constitutes one or more of the following:
a. A felony, misdemeanor, or motor vehicle offense.
b. A violation of Chapter 14A.40, 14A.50 or 14A.60.
c. Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person, exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily injury to a person is not required. The belief of a person engaging in self-harming behavior is not deemed reasonable.
E. Length of Exclusion.
1. Except as provided below in Subsection E.2, the length of exclusion from a Park shall be for 30 days, unless:
a. The person to be excluded has also been excluded previously from any Park for any reason within three years before the date of the present exclusion, then the exclusion shall be for 90 days.
b. The person to be excluded has also been excluded previously from any Parks for any reason on two or more occasions within 3 years before the date of the present exclusion, then the exclusion shall be for 180 days.
2. The length of exclusion shall be:
a. For 60 days if the Disruptive Activity or Park Violation giving rise to the present exclusion:
(1) Constitutes child abuse under ORS Chapter 419B, elder abuse under Chapter ORS 124, or abuse of adults with mental illness or development disabilities under ORS Chapter 430, that may trigger mandatory reporting by a Park Officer or a “public or private official” under the mandatory reporting statutes;
(2) Constitutes any offenses against persons under ORS Chapter 163;
(3) Constitutes intimidation under ORS 166.155 or ORS 166.165; or
(4) Results in property damage to a Park of $1,000 or more.
b. For 120 days if the person to be excluded for a reason described in Subsection E.2.a has also been issued an exclusion for any reason previously from any Park within 3 years before the date of the present exclusion.
c. For 270 days if the person to be excluded for a reason described in Subsection E.2.a has also been excluded from any Parks for any reason on two or more occasions within 3 years before the date of the present exclusion.
F. Except as otherwise provided in this Subsection, the place of exclusion shall be the Park where the Disruptive Activity or Park Violation occurred.
If the Disruptive Activity or Park Violation giving rise to the exclusion occurred at a Park Facility under Subsection I. and is a violation under Subsection E.2.a.(1) or Subsection E.2.a.(2), the place of exclusion may include one or more Park Facilities.
A Park Officer may use reasonable discretion to determine multiple Park Facilities for the exclusion and that determination is not subject to appeal to the Code Hearings Officer.
G. The notice of exclusion shall be in writing and signed by the Park Officer issuing the exclusion. The notice shall include:
1. The date, length and place(s) of the exclusion.
2. Specification of whether Disruptive Activity or Park Violation serves as the basis for the exclusion, and if applicable the provision of law the person has violated.
3. A brief description of the Disruptive Activity or Park Violation.
4. Information on the right to appeal.
5. A warning of consequences for failure to comply.
H. 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 this Code to have the exclusion rescinded. The appeal to the Code Hearings Officer must be filed within 5 days of issuance of the notice of exclusion unless an extension is granted by the Code Hearings Officer for good cause shown.
I. If an appeal of the exclusion is timely filed under this Section, the effectiveness of the exclusion is stayed pending the outcome of the appeal except as indicated herein. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the Hearings Officer's decision, unless the Hearings Officer specifies a later effective date. The stay in this Subsection does not apply to the following Park Facilities:
1. Any community center, or arts and cultural building. Examples include but are not limited to Matt Dishman Community Center, East Portland Community Center, Community Music Center and Interstate Firehouse Cultural Center.
2. An outdoor swimming pool and its fenced area. Examples include but are not limited to Creston, Grant, Montavilla, Pennisula, Pier, Sellwood and Wilson Outdoor Pools.
3. Any golf course and all portions of the real property designated as part of the identified golf course.
4. Portland International Raceway and all portions of the real property designated as part of the raceway complex.
5. A public garden where an admission fee may be charged. Examples include but are not limited to: Crystal Springs Rhododendron Garden; Japanese Garden in Washington Park; and Lan Su Chinese Garden.
6. Any other facility, building or improved area satisfying the definition of Park Facility in Subsection B.5. Inclusion of an additional Parks Facility for the purposes of this Subsection I. shall made by the Director with the concurrence of the Commissioner in Charge. The Director will file with the Auditor in the Portland Policy Documents repository the additional facility designated as a Park Facility within two business days after the designation becomes effective.
J. The Code Hearings Officer shall uphold the exclusion if, upon the Code Hearings Officer's de novo review, the preponderance of evidence admissible under the provisions of Title 22 of this Code that, more likely than not, the person in fact committed the violation for which the person was excluded, and if the exclusion is otherwise in accordance with law. The Code Hearings Officer may rely upon any evidence that a reasonable person would rely upon in making an important decision or conducting personal business, including hearsay deemed reliable by the Code Hearings Officer. Sworn statements of the Park Officer issuing the notice of exclusion shall be admissible evidence on appeal, unless the appellant requests in writing the presence of the Park Officer at the appeal hearing.
K. If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal (or pending judicial review, should a court stay the exclusion), the stayed exclusion shall be counted in determining the appropriate length of the subsequent exclusion under Subsection E. If the predicate exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the predicate exclusion had not been issued. If multiple exclusions issued to a single person are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively.
L. At any time after the time for an appeal has elapsed, or after an appeal has been decided by the Code Hearings Officer, the excluded person may request a modification of the exclusion in writing to the Commissioner.
1. A request for modification of the exclusion must specify good reason and identify the modification desired.
2. The Commissioner may consider the seriousness of the Disruptive Activity or Park Violation for which the person has been excluded, prior incidents of violations that may have resulted in ejections or exclusions, the nature and scope of disruption to City operations due to the person’s violations, the particular need of the person to be in the Park during some or all of the period of exclusion such as for work or to attend or participate in a particular event (without regard to the content of any speech associated with that event), and any other criteria the Commissioner determines to be relevant to the determination of whether or not to grant a modification.
3. The Commissioner has the sole discretion to grant or deny a request for modification of an issued exclusion, in whole or in part, and the decision is not subject to appeal or review.
4. Nothing in this Section requires the Commissioner to grant the request for modification.
5. If the Commissioner grants a modification under this paragraph, the Commissioner shall promptly notify the Portland Police Bureau's Records Division and the Parks Director of the modification decision.