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PARK EXCLUSION CRITERA
7.90.170 Violation of An Exclusion – Penalties.
(1) It is unlawful for a person to enter or remain in a drug-free zone in violation of a valid exclusion imposed pursuant to this code. For violation of this subsection, a court may impose a fine of no more than $500 or imprisonment of no more than 30 days, or both.
(2) A person who enters or remains in a drug-free zone in violation of a valid exclusion issued pursuant to this code is subject to arrest for Criminal Trespass (ORS 164.245). Class C misdemeanor
7.10.155 Park Exclusion.
(1) In addition to other measures provided for violation of this code, or any of the laws of the State of Oregon, any peace officer may exclude from a city park, trail, or open space any person who, while in that city park, trail, or open space violates any law regarding controlled substances, or engages in conduct that:
(a) is classified as a felony or misdemeanor under the following chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in ORS:
(i) ORS Chapter 162 – Offenses Against the State and Public Justice;
(ii) ORS Chapter 163 – Offenses Against Persons;
(iii) ORS Chapter 164 – Offenses Against Property, except for ORS 164.805, Offensive Littering;
(iv) ORS Chapter 165 – Offenses Involving Fraud or Deception;
(v) ORS Chapter 166 – Offenses Against Public Order; Firearms and Other Weapons; Racketeering;
(vi) ORS Chapter 167 – Offenses Against Public Health, Decency and Animals;
(vii) ORS Chapter 475 – Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or
(b) otherwise involves a controlled substance, including possession of marijuana less than one ounce; or
(c) has resulted in injury to any person or damage to any property; or
(d) constitutes a violation of any of the following provisions of this code:
(i) GRC 7.10.070 – Indecent Exposure;
(ii) GRC 7.10.060 – Unlawful Prostitution Procurement Activities;
(iii) GRC 7.10.040 – Unlawful Discharge of a Firearm;
(iv) GRC 7.10.130 – Public Drinking; or
(v) GRC 7.10.075 – Public Urination or Defecation.
(e) Nothing in GRC 7.10.155 shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or any other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but which violates applicable provisions or law, may be subject to exclusion.
(2) Exclusion under this article shall be for 30 days. If the person to be excluded has been excluded from any park, trail, or open space at any time within two years before the date of the present exclusion, the exclusion shall be for 90 days. If the person to be excluded from one or more parks, trails, or open spaces on two or more occasions within two years before the date of the present exclusion, the exclusion shall be for 180 days.