*This directive is currently under review*
630.37, Trespass Enforcement Agreement Program
Refer:
- ORS § 164.205 to 164.270, relating to criminal trespass
- Trespass Enforcement Agreement Program Application and Materials
Definitions:
- Trespass: To enter or remain unlawfully in a motor vehicle or in or upon premises.
- Trespass Enforcement Agreement Program Coordinator: Performs daily support duties related to the planning, directing, administration, and evaluation of Program tasks. The Coordinator is based within Central Precinct and collaborates with members in other Bureau precincts to implement this Program initiative.
Policy:
1. In furtherance of community engagement principles, the Portland Police Bureau endeavors to build and foster relationships with private property owners and managers for the purpose of keeping Portland’s businesses and neighborhoods safe and productive.
2. Through the Police Bureau’s Trespass Enforcement Agreement Program, Bureau members will partner with private property owners and property managers to enforce trespass laws.
Procedure:
- Trespass Enforcement Agreement Program Administration:
1.1. Through the Police Bureau’s Trespass Enforcement Agreement Program, Bureau members partner with eligible private property owners or property managers to enforce trespass law on the respective private property when no responsible party is on location.
1.2. Members should refer interested participants to the Portland Police Bureau website and/or the Trespass Enforcement Agreement Program Coordinator for more information, application materials, and application submittal.
1.3. The Trespass Enforcement Agreement Program Coordinator will receive applications from private property owners or managers, ensuring applications are both complete and comply with Program requirements.
1.3.1. For example, complete applications must reflect a physical address. To comply with Program requirements, a property must be zoned or used properly. Properties that are not Program-eligible include:
1.3.1.1. Businesses in operation twenty-four (24) hours or with security on scene,
1.3.1.2. Multifamily housing units,
1.3.1.3. Mixed-use developments,
1.3.1.4. Single family residence,
1.3.1.5. Public property, or
1.3.1.6. Property outside the Police Bureau’s jurisdiction.
1.3.2. Questions about an application or exceptions to Program requirements may be vetted with the applicable precinct’s Neighborhood Response Team Sergeant, who will process Program matters through the chain of command as necessary.
1.3.3. The Trespass Enforcement Agreement Program Coordinator will assign the screened application to an applicable precinct’s Neighborhood Response Team Sergeant.
1.4. Upon receipt, the precinct Neighborhood Response Team Sergeant, will review the application and exercise discretion in assigning Bureau resources for follow up.
1.4.1. When appropriate, an applicable precinct’s Neighborhood Response Team Sergeant, or designee, will meet in person and on location with the requesting property owner or manager to discuss mutual responsibilities under the Agreement, survey the property, identify where trespass notice placards should be posted and maintained, and provide official notice placards.
1.5. The applicable precinct’s Neighborhood Response Team Sergeant, or designee, will document in an appropriate police report the date and time of the Agreement and the name and contact information of the owner/manager in charge, enabling the property to be searchable for fieldwork and prosecution purposes.
1.6. The applicable precinct’s Neighborhood Response Team Sergeant will review and approve all Agreements before applications are returned to the Trespass Enforcement Agreement Program Coordinator.
1.7. Upon approval, the Trespass Enforcement Agreement Program Coordinator will issue formal, written notice to the private property owner or manager, confirming the Trespass Enforcement Agreement has been approved and is active.
1.8. The Trespass Enforcement Agreement Program Coordinator will continue serve as the administrative point of contact for private property owners or managers, should their Agreement circumstances change (e.g. change of property ownership given Agreements are non-transferrable). Additionally, the Trespass Enforcement Agreement Program Coordinator will notify the private property owners or managers of the need to renew their Agreement with the Police Bureau, in anticipation of the Agreement’s expiration date (2 years). Finally, the Trespass Enforcement Agreement Program Coordinator will notify private property owners or manager if the Agreement is revoked for failure to comply with terms (e.g. unreported ownership transfer, failure to renew, etc.) and collect any official notice placards previously allocated.
2. Member Responsibilities:
2.1. When taking action under authority of a Trespass Enforcement Agreement, members will confirm the Agreement is current and that proper notice has been given before taking police action on private property. Members may query the property’s address in the computer aided dispatch system (VCAD) for a flag record number, before accessing the property’s history in the Records Management System (RMS).
2.2. Members shall avoid exercising authority under a Trespass Enforcement Agreement where an official notice placard is not displayed, unless the person in charge can be verified and contacted by telephone. This does not preclude members from taking police action that would be appropriate without the existence of a Trespass Enforcement Agreement.
2.3. Persons found on private property covered by a Trespass Enforcement Agreement without authorization will be told to leave the property and not return or be subject to arrest for Criminal Trespass in the Second Degree, or other applicable offenses.
History:
- Originating Directive Effective: 09/01/06
- First Revision Effective: 8/14/15
- Next Review Date: 8/14/17
- Review By: Operations Branch