PortlandOnline

POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies Policies & Rules (PPD) Public Safety Arrest/ Detention/ Courts
PSF-3.02 - Exclusions from City of Portland Properties

EXCLUSIONS FROM CITY OF PORTLAND PROPERTIES
Administrative Rules Adopted by Police Bureau Pursuant to Rule-Making Authority
ARB-PSF-3.02

 
PROCEDURE (835.00)
 
Parks and Landmarks
City Code 20.12.265 provides that sworn Bureau members and employees or agents of the Parks Bureau have authority to exclude from city parks and certain landmarks those persons who violate Park Bureau rules and regulations, city ordinances and state statutes.
 
Park exclusions are for a period of 30, 90 or 180 days, depending on the exclusion history of the suspect. A subject that violates an exclusion may be charged with Criminal Trespass II.
 
Criteria and procedures for warnings and 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 upon receipt.
 
Current criteria and procedures for issuing and enforcing warnings and exclusions may be determined by consulting current Tips and Techniques, precinct legal reference manuals, the precinct deputy attorney liaison and/or other members.
 
Portland Police Bureau Facility Exclusions (835.00)
City Code 5.36.115 provides that the Commissioner in charge may designate a person in charge of City property. The person in charge for Bureau facilities is the Chief of Police. The City Code further provides that the administrator of each City bureau will identify persons in charge for their facilities of responsibility. All sworn members have been designated as persons in charge of Bureau property and are authorized to effect arrests for trespass within lobby areas of police facilities and exclude persons from all Bureau property.
 
Persons who violate any of the Rules of Conduct for Portland Police Bureau Property while in or upon premises of the Bureau may be immediately ejected from the premises and excluded from all Bureau properties for a period of 180 days.

Criteria and procedures for warnings and 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 upon receipt.
 
Rules of Conduct for Portland Police Bureau Property (835.00)
a. No person shall violate any Federal, State, or City of Portland law.
b. No person shall enter or remain on Portland Police Bureau property for purposes other than to conduct legitimate business with the Bureau or one of its tenants.
c. No person shall enter or attempt to enter any secure portion of any Portland Police Bureau property that is not open to members of the general public, without authorization from the Bureau.
d. No person shall deface, damage, or destroy Portland Police Bureau property.
e. No person shall engage in conduct that degrades the appearance of Portland Police Bureau property, including but not limited to, depositing trash, spitting, urinating, or defecating upon the property.
f. No person shall engage in conduct that disrupts or interferes with the normal operations of the Portland Police Bureau or its tenants, or engage in conduct that disturbs employees or customers of the Bureau or its tenants, including but not limited to, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior.
g. No person shall engage in conduct that subjects or may subject employees or customers of the Portland Police Bureau or its tenants to annoyance or alarm, including but not limited to, conduct that involves the use of abusive or threatening language or gestures.
h. No person shall use Portland Police Bureau property or facilities for the purpose of housing or camping, including but not limited to, placing objects such as vehicles, bicycles, backpacks, carts, or other items in a manner that interferes with free passage.
i. No person shall refuse to obey any reasonable direction of a Portland Police Bureau employee.
City of Portland Parking Garage Exclusions (835.00)
City Ordinance 175372 designates the following as persons in charge:
a. Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau.
b. Any person providing security services in any City parking garage pursuant to any contract with the City or with any person, firm, or corporation managing City parking garages on the City’s behalf.
c. Any person specifically designated in writing as a Parking Garage Officer by the Commissioner or the (bureau) Director.
Persons who violate any of the Rules of Conduct for City parking garages while in or upon City garage property may be immediately ejected from the premises and excluded from all City parking garages for a period of 180 days.

The Rules of Conduct will be posted in all City parking garages. Garage addresses are listed on the Notice of Exclusion form.
 
Rules of Conduct for City of Portland Parking Garages (835.00)
a. No person shall violate federal, state, or city law.
b. No person shall enter or remain for any purpose other than to park or retrieve a motor vehicle or do business with a City parking garage retail tenant.
c. No person shall possess any weapon or any similar instrument that can be used to inflict injury upon a person or damage to property, except to the extent permitted by Oregon law.
d. No person shall use City parking garages for the purpose of housing or camping, including but not limited to, sleeping, bathing, cooking, or use as a restroom.
e. No person shall deface, damage, or destroy City parking garages.
f. Unless authorized by the City of Portland, no person shall post or place on cars any handbills, flyers, or posters of any kind within City parking garages.
g. No person shall engage in sexual conduct as defined by ORS 167.060 (10).
h. Other than at City of Portland authorized events, no person shall possess an open container of alcohol or consume alcoholic beverages.
i. Other than at City of Portland authorized events, no person shall play or use amplified or audio equipment at a level that disturbs others.
j. Other than at City of Portland authorized events, no person shall participate in parties, rave parties, or other similar gatherings.
k. No person shall use City parking garages and/or their structures and fixtures, including but not limited to, walls, railings, banisters, stairs, or ventilation fixtures, in ways they were not intended to be used, including but not limited to, sitting, standing, lying kneeling, skating, or skateboarding.
l. No person shall smoke or carry any lighted smoking instrument while in the elevator or any enclosed portion of City parking garages.
m. No person shall engage in conduct that disrupts or interferes with normal operations of City parking garages, or any tenant of a City parking garage, or that disturbs employees or patrons of City parking garages, including but not limited to, conduct that involves the use of abusive or threatening language or gestures, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior.
n. No person shall interfere with free passage of patron or employees of City parking garages, including but not limited to, placing objects such as bicycles, backpacks, carts or other items in a manner that interferes with free passage.
o. No person shall refuse to obey any reasonable direction of a Parking Garage Officer.

References
 
ORS 167.060 (10) Definitions – Sexual Conduct
ORS 164.245 Criminal Trespass in the second degree
City Code 5.36.115 Designation of Persons In Charge for Purposes of Excluding Person From City Property
City Code 20.12.265 Trespass
City Ord. 175372 (D) Exclusions From City Parking Garages
DIR 830.00 Arrest Without Warrant
DIR 835.10 TemporaryPark Closures
Notice of Warning or Exclusion From City of PortlandParks or Properties Form (Operations Branch)

 
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 835.00 of the Portland Police Bureau Manual of Policy and Procedure, August 2001.