Chapter 14A.50 Conduct Prohibited on Public Property


14A.50.010 Alcohol on Public Property and Public Rights of Way.

(Amended by Ordinance No. 184596, effective June 17, 2011.)

 

A.  It is unlawful for any person to drink alcoholic liquor upon any street, sidewalk, or other public right of way.

 

B.  It is unlawful for any person to have in his possession while upon any street, sidewalk, or other public right-of-way any bottle, can, or other receptacle containing any alcoholic liquor which has been opened or a seal broken or the contents of which have been partially removed.

 

C.  This Section does not apply to prohibit the consumption of alcoholic liquor in sidewalk cafes which have been issued permits under Chapter 17.25 of this Code.

 

D.  This Section does not prohibit the use of alcohol in the street area where a Community Event Street Closure–Alcohol Allowed permit has been issued by the Bureau of Transportation under PCC Chapter 17.44 provided the Permittee is in compliance with all applicable Oregon Liquor Control Commission requirements.


14A.50.020 Camping Prohibited on Public Property and Public Rights of Way.

A. As used in this Section:

1. "To camp" means to set up, or to remain in or at a campsite, for the purpose of establishing or maintaining a temporary place to live.

2. "Campsite" means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.

B. It is unlawful for any person to camp in or upon any public property or public right of way, unless otherwise specifically authorized by this Code or by declaration by the Mayor in emergency circumstances.

C. The violation of this Section is punishable, upon conviction, by a fine of not more than $100 or by imprisonment for a period not to exceed 30 days or both.


14A.50.030 Sidewalk Use.

(Replaced by Ordinance No. 183754; effective May 6, 2010.)

 

A.  Definitions:

 

1.  Pedestrian:  A person who is on foot or assisted by a mobility device and able to move immediately to accommodate other sidewalk users.

 

2.  Frontage line:  On sidewalks bounded by a street, the frontage line is the edge of the public sidewalk opposite the curb where the area dedicated to sidewalk use by the City meets either private property or public property that is not dedicated to sidewalk use.  On sidewalks not bounded by a street and lying between public property and private property, the frontage line is the edge of the public sidewalk bounded by private property.  On sidewalks not bounded by a street and bordered on both sides by public property or bordered on both sides by private property, the frontage line is the west or north lateral edge of the sidewalk.

 

3.  Pedestrian Use Zone:  The surface of a public sidewalk extending from the frontage line of the sidewalk and any fixture or use authorized or allowed by City permit or regulation that is centered on the frontage half of the sidewalk.  Except as otherwise established and marked by the Director of the Bureau of Transportation, the pedestrian use zone extends eight feet on sidewalks more than ten feet wide and six feet on sidewalks ten feet wide or less.  At street corners, the pedestrian use zone encompasses the entire area bounded by the extended frontage lines and the streets.

 Pedestrian Use Zone graphic

  

4.  Mobility device:  A wheelchair, crutch, cane, walker or device that functions similarly to allow an injured or disabled person increased mobility for sidewalk travel.  

 

B.  Improper Use Of Sidewalk In A High Pedestrian Traffic Area – Use Of Pedestrian Use Zone By A Person Who Is Not A Pedestrian: 

 

1.  Between 7:00 a.m. and 9:00 p.m., only pedestrians may use the pedestrian use zone in the high pedestrian traffic areas described in Subsection F.

 

2.  The prohibition in Subsection B.1. does not apply to:

 

a.  Persons who use a conveyance to move freight or merchandise.

 

b.  Persons crossing the sidewalk pedestrian zone in a conveyance directly to or from an entrance.

 

3.  It is an affirmative defense to a prosecution under this subsection that the behavior occurred within one foot of the curbside boundary of the pedestrian use zone, that the boundary of the zone was not marked, and the person believed in good faith the person was not in the pedestrian use zone.

 

C.  Improper Use Of Sidewalk In A High Pedestrian Traffic Area - Placing Objects In Pedestrian Use Zone:  Between 7:00 a.m. and 9:00 p.m., in the high pedestrian traffic areas described in Subsection F., unless authorized or allowed by ordinance, permit or a regulation issued by the Director of the Bureau of Transportation, no person may deposit, install, place, fix or leave any object or item in, on or above a pedestrian use zone except:

 

1.  Personal baggage or luggage that is within arm’s reach of the pedestrian possessor;

 

2.  Merchandise in course of receipt or delivery that presents a continuous vertical rise of at least 36 inches to the cane of vision-impaired pedestrians, unless that merchandise is permitted to remain upon the sidewalk for a period longer than 2 hours.  The vehicle in which merchandise is delivered is subject to all parking regulations as described in Title 16.

 

3.  It is an affirmative defense to a prosecution under this subsection that the behavior occurred within one foot of the curbside boundary of the pedestrian use zone, that the boundary of the zone was not marked, and the person believed in good faith the object or item was not in the pedestrian use zone.

 

D.  Improper Use Of Sidewalk In A High Pedestrian Traffic Area – Mismanaging A Dog:  Between 7:00 a.m. and 9:00 p.m., on all parts of sidewalks in the high pedestrian traffic areas described in Subsection F.:

 

1.   All dogs must be in hand or, if leashed, the dog’s neck must be within two feet of the handler;

 

2.    A dog may be present in a pedestrian use zone in the high pedestrian traffic areas described in Subsection F. only if under the control of a pedestrian; 

 

3.  A person who brings a dog onto a public sidewalk or who possesses or controls the dog is responsible for compliance with this Subsection.  This Subsection does not apply to police animals.

 

4.  It is an affirmative defense to a prosecution under Subsection D.2. that the dog was within one foot of the curbside boundary of the pedestrian use zone, that the boundary of the zone was not marked, and the person believed in good faith the dog was not in the pedestrian use zone.

 

E.  Improper Use Of Sidewalk – Failing To Allow Use By A Disabled Person:  On all  sidewalks at all times, at the reasonable request of a person using a mobility device or relying for guidance on a cane, helper or guide animal, all persons must immediately yield use of the sidewalk to allow a reasonable opportunity for passage.

 

F.  High Pedestrian Traffic Areas:

 

1.  The Downtown Area, defined as the public sidewalks in the area bounded by the west bank of the Willamette River, I-5 from the west bank of the Willamette River to its junction with I-405, I-405, the north edge of the north sidewalk of Northwest Irving Street and a line extended from the northeast corner of the north sidewalk of Northwest Irving Street to the west bank of the Willamette River;

 

2.  The Rose Quarter / Lloyd Area, defined as the public sidewalks in the area bounded by North Interstate Avenue, the north edge of the north sidewalk of Broadway Street, Northeast 16th Avenue and Northeast Lloyd Boulevard.

 

G.   Exceptions 

 

1.  The prohibitions in this Section do not apply to a person:

 

a.  Unable to comply due to suffering a medical emergency;

 

b.   Unable to comply due to physical or mental incapacitation;

 

c.   Acting as authorized or allowed by ordinance, permit or a regulation issued by the City Traffic engineer;

 

d.   Performing a City-approved public safety, maintenance or construction function;

 

e.   Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;

 

2.  The prohibitions in Subsection B. do not apply to a person:

 

a.   Sitting on a chair or bench located in a pedestrian use zone supplied or permitted by a public agency;

 

b.  Waiting in line for goods or services unless the person refuses to comply with a lawful order of a peace officer to form the line in a way that moderates impact on passage along the sidewalk;

 

c.  Performing street music while complying with the Street Musician Partnership Agreement;

 

H.  No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified in writing by an Oregon peace officer that the conduct violates this Section.

 

I.  The prohibitions in this Section do not apply when they are waived by permit.

 

J.  Nothing in any of the exceptions listed in Subsection G. shall be construed to permit any conduct which is prohibited by PCC 14A.50.035 - Pedestrians.

 

K.  Nothing in this Section shall be construed to permit conduct which is prohibited by a lawful order restricting the time, place or manner of speech. 

 

L.  An object or deposit that is on or above a sidewalk in violation of this Section is hereby declared to be a public nuisance.  The Director of the Bureau of Transportation or a police officer may summarily abate any such nuisance, or it may be abated as set forth in Chapter 29.20.

 

M.  Violation of this Section subjects a person to a maximum penalty of a $250 fine only.

 

N.  In lieu of the penalty provided for above, a judge may sentence a person found in violation of this Section to community service for such period as is provided for violations pursuant to ORS 137.126 to ORS 137.129.

 

O.  This Section shall not apply to any activity otherwise made lawful.


14A.50.035 Pedestrians.

A. No person with the intent to interfere with free passage shall block or attempt to block or interfere with any person(s) along the public sidewalks by any means, including but not limited to standing on that part of the sidewalk used for pedestrian travel or by placing any object or vehicle in such area.

B. No person with the intent to interfere with the free ingress to or egress from shall block or attempt to interfere with or block pedestrian or vehicular entrances to public or private property abutting the public sidewalk.

C. Violation of this Section subjects a person to a maximum penalty of a $250 fine only.

D. In lieu of the penalty provided for above, a judge may sentence a person found in violation of this Section to community service for such period as is provided for misdemeanors pursuant to ORS 137.126 to ORS 137.129.

E. This Section shall not apply to any activity otherwise made lawful.


14A.50.040 Conducting Business on City Property or Public Rights of Way.

It shall be unlawful for any person to sell or attempt to sell any merchandise or services in or upon any sidewalk, street, alley, lane, public right of way, or under any bridgeway or viaduct:

A. Within the Central City Plan District;

B. With 250 feet of any:

1. Public library grounds;

2. Public park grounds without a permit from the Bureau of Parks and Recreation;

3. Grounds or stadium while athletic games are being played;

4. Public or private school grounds during the hours of regular school classes or sessions;

5. Vendor already parked or stopped, or any commercial establishment, while open, if the other vendor or establishment offers similar merchandise; unless specifically authorized by ordinance, permit, or other valid City approval. Possession of a valid City business license does not constitute "other valid City approval" within the meaning of this Section.


14A.50.050 Erecting Permanent or Temporary Structures on Public Property or Public Rights of Way.

A. It shall be unlawful to erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material(s) in or upon non-park public property or public right-of -way without a permit or other authorization from the City.

B. In addition to other remedies provided by law, such an obstruction is hereby declared to be a public nuisance. The City Engineer, City Traffic Engineer, or Chief of Police may summarily abate any such obstruction, or the obstruction may be abated as prescribed in Chapter 29.60 of this Code.

C. The provisions of this Section do not apply to merchandise in the course of lawful receipt or delivery, unless that merchandise remains upon the public right of way for a period longer than 2 hours, whereupon the provisions of this Section apply.

D. The provisions of this Section do not apply to depositing material in public right-of-way for less than 2 hours, unless the material is deposited with the intent to interfere with free passage or to block or attempt to block or interfere with any persons(s) using the right-of-way.


14A.50.060 Resale of Tickets to Events at Municipal Facilities at a Premium Price Prohibited.

Tickets to all events at municipally-owned facilities, including the Memorial Coliseum, PGE Park, and the public plaza at the Rose Quarter, and tickets to all events at the Rose Garden Arena other than season tickets, shall have printed thereon the retail price thereof. It shall be unlawful for any person to sell or offer for sale any ticket for an event at any municipally-owned facility, or for any event at the Rose Garden Arena, at a price greater than the retail price printed thereon or at a price greater than the original retail price. Notwithstanding the above, this Section shall not be construed to prohibit service fees or charges imposed or collected by ticket outlets where service fees or charges are specifically authorized by the management of the facilities.


14A.50.070 Advertising on Streets.

A. It is unlawful for any person to scatter notices or advertisements on any street right-of-way or to post a notice or advertisement anywhere on a street right-of-way or upon the exterior of a public building.

B. It is unlawful for any person whose name appears upon, or who is responsible for posting, any notice or advertisement posted in violation of this Section to permit the notice or advertisement to remain posted after having received a request to remove it.

C. Any notice or advertisement found in violation of this Section may be removed by a peace officer.


14A.50.110 Misuse of a Public Restroom.

A. This Section applies to permanent and temporary structures erected or placed for use as a public restroom.

B. It is unlawful to stand, climb, sit upon, or lay down on any fixture or floor located inside of or at the entrance of any restroom located in a public building or on public property, unless that fixture or floor is intended to be used for standing, climbing, sitting or lying upon.

C. It is unlawful for two or more persons to occupy any restroom that is specifically designed for use by only one person and that is located in a public building or on public property, unless one of those persons is assisting a handicapped person or persons, a child or children under 12 years of age, or an elderly person, or persons in need of assistance.

D. It is unlawful to interfere with any attendant in the discharge of his or her duties within any restroom located in a public building or on public property.

E. It is unlawful for any male person to enter a restroom marked "Women." This Section does not apply to a male child with his mother or female guardian, or an authorized person in the discharge of his regular duties.

F. It is unlawful for any female person to enter a restroom marked "Men." This Section does not apply to a female child with her father or male guardian, or an authorized person in the discharge of her regular duties.

G. It is unlawful for any person to engage in disorderly or disruptive conduct inside of or at the entrance to any restroom located in a public building or on public property.

H. The above requirements do not excuse a failure to provide reasonable and appropriate accommodations permitting all persons access to restrooms consistent with their expressed gender.


14A.50.120 Misuse of a Public Drinking Fountain.

A. It shall be unlawful to deposit material of any kind into a drinking fountain located on public property.

B. It shall be unlawful to obstruct the flow of water or tamper in any way with a drinking fountain located on public property or right of way, unless permission to do so is granted by the appropriate City bureau, official, or other authorized person.


14A.50.130 Misuse of Reservoirs.

It is unlawful for any person to throw, dump, or deposit any material or substance in a reservoir maintained by the Bureau of Water Works.