Title 9 PUBLIC PEACE AND WELFARE
Chapter 9.12 OFFENSES AGAINST PUBLIC PEACE AND DECENCY
9.12.130 Enforcement and penalties.
A. In addition to other measures provided for violation of this code or
any of the laws of the state of Oregon, any peace officer, as defined by ORS
133.005(3) or duly authorized agent of the city, may exclude any person who
violates any provision of this code from any city park or property owned, leased
or operated by the city for a period of not more than thirty (30)
days.
1. Written notice shall be given to any person excluded from city
property. Such notice shall specify the dates and places of exclusion, and shall
be signed by the issuing party. Warning of consequences for failure to comply
shall be prominently displayed on the notice;
2. A person who receives such
notice may appeal to the city manager to have written notice rescinded or the
period shortened. The appeal shall be filed within five days of receipt of the
exclusion notice unless extended by the city manager for good cause shown. The
city manager’s decision may be appealed to the city council. Notice of
appeal should be delivered to the city recorder. The council shall review the
application de novo and within fifteen (15) days rescind the written notice,
uphold the written notice or uphold the written notice subject to
conditions.
B. A person who violates the terms of the notice of exclusion is
subject to the general penalty provisions of this code as set forth in Section
1.12.010, or as amended. (Ord. 2003-6 § 2)
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