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PSF-2.06 - Drug Free Zone Ordinance

DRUG FREE ZONE ORDINANCE
Administrative Rules Adopted by Police Bureau Pursuant to Rule-Making Authority
ARB-PSF-2.06

 
POLICY (630.85)
Members will vigorously act on narcotic offenses and use all available state statutes and local ordinances to include the Drug Free Zone (DFZ) Ordinance.
 
Due to periodic court rulings, parts of this directive may not apply. Members will follow the most recent updates issued to members by the City Attorney’s Office.
 
PROCEDURE (630.85)
 
Directive Specific Definitions
Drug Free Zone (DFZ) Exclusion Notice and variance: A notice issued by a sworn member to the defendant arrested within the boundaries of a Designated DFZ for any of the listed ORS criminal drug related offenses. The notice in-forms the defendant of the right to appeal, effective dates of the exclusion, variance rights, a map of the zones, and the criminal charge for violating the exclusion. It also acts as the defendant’s variance.
 
Designations (630.85)
When geographic areas of the City have a significantly higher level of narcotics activity than other areas of the City, substantiated by objective analysis, that area may be considered for recommendation as a Designated DFZ to the City Council as allowed for by City Code 14. B20. The precinct commander in which this situation exists will provide the Operations Branch chief with an objective analysis of the level of narcotic activity in the area. Based on that report, the Operations Branch chief will make a recommendation to the Chief of Police as to whether the area will be submitted to City Council for recommendation as a Designated DFZ. Areas already designated as DFZs must be recommended for or against continuance every two or three years at the City Council review. The Bureau must support a recommendation for continuance with documented evidence in the form of arrest statistics, etc.

Enforcement (630.85)
The statutory criteria and procedures for issuing and enforcing DFZ Exclusions may change based on legal rulings and will be reflected in updates issued by the City Attorney and provided to each member. It is the responsibility of each member to review the updates on receipt.
 
Current criteria and procedures for issuing and enforcing DFZ exclusions may be found in Tips and Techniques publications, precinct legal reference manuals, and through contacts with the precinct Deputy District Attorney and/or other Bureau members.
 

References
 
ORS 161.405 Attempt, described
ORS 161.450 Conspiracy, described
ORS 164.245 Criminal Trespass in the Second Degree
ORS 475.991 Unlawful Delivery of an Imitation Controlled Substance
ORS 475.992 Prohibited Acts Generally; Penalties; Affirmative
Defense for Certain Peyote Uses
City Code 14B.20 Drug Free Zones
DIR 631.33 Immigration and Naturalization Services
Drug Free Zone Map (English and Spanish Version) (DVD)
Notice of Exclusion/Drug Free Zone (English and Spanish Version)
(DVD)
Social Service Agency Contract to Issue Variances (DVD)
 

 
HISTORY
Revised document effective January 20, 2006 and filed in PPD April 21, 2006.
Submitted for inclusion in PPD March 6, 2002.
Originally published as Directive 630.85 of the Portland Police Bureau Manual of Policy and Procedure, August 2001.