City Code Chapter
3.18.010 Designation of Persons-in-Charge.
- A. For purposes of ordering persons to leave City property, the following are Persons-in-Charge:
- 1. Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau.
- 2. Any person providing security services in any City property pursuant to any contract with the City, or with any person, firm or corporation managing a City property on the City’s behalf.
- 3. The Mayor or City Administrator, or any person specifically designated in writing by either.
- B. Delegation to a designee must be made in writing. Any person so designated is a Person-in-Charge as that term is defined in ORS 164.205(5) until the delegation is terminated or the designated person ceases to be an employee or officer of the City. Copies of delegation will be provided to the City Attorney’s Office and to the City Administrator.
- C. Upon request, the City will provide a copy of the Person-in-Charge designation or delegation list to the District Attorneys of Multnomah, Clackamas and Washington counties.
- D. For purposes of this Section, City property includes any real property either owned by the City or in which the City has a property interest or property management responsibility.
- E. For purposes of ordering persons to leave a public meeting of a City board or commission, the following are Persons-in-Charge:
- 1. The presiding officer of the public meeting of a City board or commission.
- 2. Any person providing security services at the public meeting of a City board or commission.
- 3. Any person designated as a Person-in-Charge in Subsection 3.18.010 A.
- F. The authority granted to a Person-in-Charge by this Chapter are in addition to, and not in lieu of, any other authority granted under this Code.
- G. For purposes of this Chapter, City property means any City-owned real property and the buildings, structures, and facilities thereon. City property may include privately-owned real property to which the City has acquired legal rights to occupy, control, and exercise Person-in-Charge authority.
- H. For purposes of this Chapter, property manager of the City property means the City Administrator or designee who has the responsibility to perform property management functions.
3.18.020 Rules of Conduct at City Property.
- A. To maintain an environment that promotes orderly administrative and business operations, and to take reasonable and prudent actions to protect the health, welfare and safety of all persons at City property, the rules of conduct in this Section apply and are to be enforced at all City property except where specific rules of conduct or prohibitions have been adopted for designated real property the City owns or has a property interest or property management responsibilities.
- B. The rules of conduct for City property are as follows:
- 1. No person may engage in any activity that would constitute a violation of federal, state or local law or regulation.
- 2. No person may deface, damage or destroy City property or City-owned personal property.
- 3. No person may enter, attempt to enter or remain in any areas of City property designated as secured or restricted, or closed to public access.
- 4. No person may engage in activity that disrupts or interferes with: the normal operation or administration of City business at City property; lawful use by City employees and authorized users at City property; or City permitted activities.
- 5. No person may refuse or fail to obey any reasonable direction of a Person-in-Charge of a City property. A direction of a Person-in-Charge is reasonable: if it directs a person to obey or to cease a violation of any law or regulation; if it is otherwise reasonably related to the protection of the health, welfare or safety of the person or any other person at the City property, or to the prevention of damage to property; or if it is reasonably necessary to preserve the peace or to prevent the disruption of City operations or permitted activities, including dangerous or threatening behavior as defined in the Code.
- 6. No person may possess any object specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another. Objects prohibited under this Subsection 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 hand coverings, swords, straight razors, tear gas, tear gas weapon, mace, pepper mace or similar deleterious agent, saps, sap gloves, hatchets or axes. The prohibitions of this Subsection do not apply to handguns lawfully carried by persons exempt from local regulation under ORS 166.173. The prohibitions of this Subsection do not apply to any thing possessed or used to carry out actions authorized by any contract or permit at the City property.
- 7. No person may smoke or carry any lighted smoking instrument at City property in violation of federal, state or local laws and regulations, including City administrative rules and policies. Smoking instrument additionally includes inhalant delivery system that delivers nicotine in the form of vapor or aerosol, and electronic cigarette, personal vaporizer, or electronic nicotine delivery system. Smoking additionally includes inhaling or exhaling from a smoking instrument.
- 8. No person may make use of facility materials, equipment, furniture, or fixtures of a City property in a manner inconsistent with their customary or designated uses, or in a manner likely to cause property damage or personal injury to the actor or others.
- 9. No person may interfere or obstruct free passage of City employees or authorized visitors in or on City property, including but not limited to placing objects that impede free passage.
- 10. No person may use City property for unauthorized storage of personal property or leave personal property unattended.
- 11. No person may make or continue a noise disturbance as defined under Portland City Code Chapter 18.04, or operate sound producing device or sound producing equipment except as permitted by the Mayor or City Administrator or their designee. Bullhorns and megaphones are not permitted in the interior of any building on City property, or within the loggia or portico of any structure on City property, except as permitted by the Mayor or City Administrator or their designee.
- 12. No person may sell, distribute or deliver any alcoholic beverage on City property, except as permitted by the Mayor or City Administrator or their designee.
- 13. No person may sell, distribute or deliver any controlled substances on City property. This does not prohibit a person from providing caretaking functions or assisting another in taking legally prescribed medication. Controlled substance has the meaning provided in Chapter 475 of the Oregon Revised Statutes.
- 14. No person may bring animals onto City property, or leave animals tethered or unattended at City property, except as permitted by the Mayor or City Administrator or their designee. This does not preclude entry by service animals defined under the Americans with Disabilities Act while performing services or task the animals are trained to do, animals employed in official performance of police or rescue activities, or animals authorized for entry by the Mayor or City Administrator or their designee.
- 15. No person may solicit for or conduct business at City property except as permitted by the Mayor or City Administrator or their designee.
- 16. No person may use any wheeled devices, including but not limited to unicycles, bicycles, skateboards, roller skates, motorized or non-motorized scooters, inside the property boundary of City property. All persons must dismount at City property boundary. No bicycles and motorized wheel devices are allowed in the interior of any building on City property except as permitted by the Mayor or City Administrator or their designee. The prohibition in this Subsection does not apply to persons with mobility devices for mobility disability or medical purposes, child strollers or baby carriages.
- 17. No person may use City property for housing or camping except as permitted by the Mayor or City Administrator or their designee and provided such use conforms with land use, zoning, building and other property regulations.
- 18. No person may misuse or damage the City’s technology systems or network, including its telecommunication equipment and data.
- 19. No person may enter, attempt to enter or remain in any areas of City property for purposes other than to conduct legitimate business with City offices or tenants located at City property, to enjoy the publicly accessible amenities at a City property when the City property is open to the public, or to lawfully assemble for social or public interaction at portions of City property specifically designated for such assembly. The City Administrator may adopt space use policy to manage conditions for property use including but not limited to establishing a reservation protocol, priority regarding uses and users, hours of use, and fees for use.
- C. The City Administrator may adopt additional rules of conduct for any specified City property managed by the bureau. The proposed additional rules of conduct will be posted at the City property where such proposed rules would apply, and will be deemed part of the rules of conduct for the City property.
3.18.030 City Property Exclusions.
- A. The exclusion procedures in this Section will be used for City property subject to the rules of conduct in Section 3.18.020. If a person violates any rule of conduct at City property described in Section 3.18.020 while in or upon City property, any Person-in-Charge may eject and direct the person to leave the City property for a period of 24 hours. In addition, the City Administrator may issue an exclusion for any period of time up to one year from City property.
- B. Notwithstanding this Section, if public meetings of the City Council, or of City boards and commissions are held in a City property, ejectment and exclusion from the public meeting must comply with Section 3.02.060.
- C. In determining the appropriate length of exclusion under this Section, the person issuing the exclusion will consider: the seriousness of the conduct that led to the exclusion; prior instances of violations of the rules of conduct at City property by the person to be excluded; the availability of alternative means for the person to conduct business with City officials and offices; and any other facts or circumstances that the person issuing the exclusion deems relevant.
- D. 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.
- E. 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.
- F. A person receiving a notice of exclusion may request a limited modification from the Person-in-Charge issuing the exclusion for the purpose of attending a City Council or other public meeting or conducting specific business with a City official or office located at a City property identified in the exclusion notice. The request must be in writing and must identify good cause for the desired modification. The Person-in-Charge may deny the request if the business with the City official or office may be conducted through alternate means or deferred until the exclusion period ends, or may deny the request on any reasonable basis. If modification is allowed, the Person-in-Charge may impose reasonable conditions for the limited entry, and may include a requirement that the person arrange with the Person-in-Charge to be escorted into and out of the location where the meeting is to be held or the business is to be conducted.