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Ord. 2625 - Establishing Rules of conduct for the Woodburn Library, Museum, Bungalow Theater COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 AN ORDINANCE ESTABLISHING RULES OF CONDUCT FOR THE WOODBURN PUBLIC LIBRARY, WOODBURN MUSEUM, AND BUNGALOW THEATER; PROVIDING FOR ENFORCEMENT PROCEDURES; AND REPEALING ORDINANCE 2410 WHEREAS, the Woodburn Public Library, Woodburn Museum and Bungalow Theater are supported by taxpayers who expect these facilities to be a comfortable and secure place for reading, researching, studying, writing, and attending programs; and WHEREAS, the City is responsible for establishing rules of conduct to protect the rights and safety of all Library, Museum and Bungalow Theater users and to preserve and protect Library, Museum and Bungalow Theater materials and facilities; and WHEREAS, the City has a strong commitment to intellectual freedom and access to information; and WHEREAS, the City intends for the Library, Museum and Bungalow Theater rules to be enforced in a fair and reasonable manner for the comfort and protection of all who use these facilities; and WHEREAS, in instances where it is necessary, City staff and/or Woodburn Police Officers will intervene to stop prohibited activities and behaviors; and WHEREAS, failure to comply with the Library, Museum and Bungalow Theater rules could result in removal from the premises and exclusion from these facilities; and WHEREAS, this Ordinance provides adequate due process so that the rights of the persons subject to its provisions will be fully protected consistent with applicable law; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Policy. The City of Woodburn may operate and maintain the Woodburn Library, Woodburn Museum, and Bungalow Theater in a manner which will best afford the public with necessary conveniences and accommodations. In order to protect the health, safety, and well-being of the Page 1 - COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 public, and to ensure the greatest use and benefits from these facilities, it is necessary to make regulations and provisions the City Council deems necessary. Section 2. Authority. In addition to other measures provided by law, any peace officer, as defined by ORS 133.005(3), any City of Woodburn Community Services Officer, or any City of Woodburn Employee designated by the Community Services Director, under Section 3 of this ordinance, may exclude any person that they have reasonable cause to believe has violated any provision of this Ordinance, any City ordinance, any State or Federal law, or any rule or regulation duly made and issued by the Community Services Director or the City Council, from the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater. Section 3. Exclusions. (A) No person shall enter or remain on the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater at any time after a Notice of Exclusion issued under this Ordinance is in effect. (B) Except as provided for in Subsection (C) and Subsection (D) of this Ordinance, a Notice of Exclusion shall be for thirty (30) days, ninety (90) days, or one hundred eighty (180) days, depending on the severity and frequency of the offense. If the person to be excluded violates the exclusion by returning to the facility from which they were excluded at any point during the exclusion period or commits a second exclusionary act within a year of the initial exclusion, a second Notice of Exclusion shall be issued for double the length of the initial exclusion. Subsequent exclusionary acts may result in a one-year exclusion. Additionally, an excluded person who returns to the facility from which they have been excluded during the exclusion period may be subject to arrest and prosecution for Criminal Trespass in the Second Degree. (C) When there is reasonable cause to believe that a person has committed any of the following acts on the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater, a Notice of Exclusion may be issued, excluding the person for up to one (1 ) year, and the person shall be directed to leave the Library, Museum, or Theater, without first being given a warning: (1) Any activity that may constitute a violation of any federal or state criminal law. (2) Engaging in sexual conduct, as defined under ORS 167.060. Page 2 - COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 (3) Engaging in public indecency as defined in Woodburn Ordinance No. 1900. (4) Exposing one's genitals anywhere other than in a restroom. (5) Depositing bodily fluids or excrement on any City property including, but not limited to, collections, exhibits, equipment, furnishings, walls, and flooring. (6) Engaging in physical altercations, including assault, fighting, threatening, or harassing behavior that creates a hostile environment. (7) Possessing or handling a firearm, knife, or other deadly or dangerous weapon in violation of state law. (D) When there is reasonable cause to believe that a person has committed any of the following acts on the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater, a Notice of Exclusion may be issued with or without a prior warning and a reasonable opportunity to desist from the violation: (1) Possessing or consuming any alcoholic beverages or exhibiting signs of being under the influence of alcohol. (2) Possessing, consuming, or exhibiting signs of being under the influence of any controlled substance in violation of ORS Chapter 475. (3) Engaging in conduct that unreasonably disrupts or interferes with the normal operation of the facility or disturbs staff or patrons. This conduct includes but is not limited to abusive or threatening language or gestures, verbal harassment, creating unreasonable noise, and loud or boisterous behavior. (4) Using facility materials, equipment, furniture, fixtures, or buildings in a manner inconsistent with the customary use thereof; or in a destructive, abusive or potentially damaging manner, or in a manner likely to cause personal injury to the actor or others. (5) Soliciting, petitioning, distributing written materials or canvassing for any purpose unless such activity is authorized by the Director or their designee and advances the mission and primary purpose of the Library, Liberty Theater, or Museum. Page 3 - COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 (6) Interfering with the free passage of staff or patrons, including but not limited to, placing objects such as bicycles, skateboards, backpacks or other items in a manner that interferes with free passage. (7) Operating bicycles, roller skates, skateboards, scooters or similar equipment in a manner whereby a hazard, property damage, or personal injury could be created by their use. (8) Smoking, vaping, or other use of tobacco in violation of ORS 433.845. (9) Bringing an animal into the facility, except: i. A service animal as permitted under State law and the City of Woodburn's Americans with Disabilities Act (ADA) Policy. ii. An animal allowed with special permission for a special event as authorized by the Community Services Director. (10) Improperly using restrooms, including but not limited to, bathing, shaving, washing hair and changing clothes. (11) Using personal electronic equipment at a volume that disturbs others, including but not limited to, stereos, televisions, cellular phones, laptop computers, and tablets. (12) Failing to leave the facility at closing time. (13) Eating or drinking except as expressly allowed by the Community Services Director or their designee in the course of a library-approved event. (E) Where there is reasonable cause to believe that a person has committed any of the following acts, the person may be directed to leave the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater, until the problem is corrected: (1) Not wearing shoes or other footwear. (2) Not wearing a shirt or other covering of the upper body. Page 4- COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 (F) A Notice of Exclusion under this Ordinance shall specify the date the exclusion is to commence, the term of the exclusion, the provision of law, rule, or regulation that the person violated, and a brief description of the offending conduct. It shall be signed by the issuing party. The Notice of Exclusion shall provide information concerning the excluded party's right to appeal and to apply for a temporary waiver from the effects of the notice. A warning of the consequences for failure to comply with the Notice of Exclusion shall be prominently displayed on the notice. (G) Notices of Exclusion shall take effect immediately. If the excluded party timely files an appeal or seeks a waiver, as described in Section 4 and Section 5 of this Ordinance, then the exclusion shall remain in effect until such time as the appeal or waiver is fully adjudicated. Section 4. Exclusion Appeals. (A) A person receiving a Notice of Exclusion may appeal to the Woodburn Municipal Court to have the notice rescinded or the exclusion period shortened. In order to be timely, an appeal must be filed at Woodburn City Hall within five (5) days of receipt of the Notice of Exclusion. The excluded person may choose to be represented by counsel, but counsel shall not be provided at public expense. (B) The appeal need not be in any particular form, but should substantially comply with the following requirements: (1) Be in writing. (2) Identify the date, time, and place of the exclusion. (3) Identify the name and address of the appealing party. (4) Identify the official who issued the exclusion. (5) Contain a concise statement as to why the Notice of Exclusion was issued in error. (C) A copy of the appeal shall be served on the City Attorney. (D) An appeal hearing shall be conducted by the Woodburn Municipal Court and a decision on the appeal shall be made by the Court within ten (10) business days after the appeal is filed. Page 5 - COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 (E) At the appeal hearing the City and any interested parties shall have the right to present evidence and witnesses and be heard. After due consideration of pertinent information and testimony the Court shall issue a written decision. The decision of the Court shall be final and subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 5. Waiver. At any time within the exclusion period, the excluded person may apply in writing to the City Administrator for a temporary waiver from the effects of the notice. A waiver will be granted only for good cause shown. In exercising discretion under this section, the City Administrator shall consider the seriousness of the violation, the particular need of the person to be on the premises during some or all of the period of exclusion, and any other criterion the City Administrator determines to be relevant. The decision of the City Administrator to grant or deny, in whole or in part, a waiver under this section is discretionary, and is not subject to appeal or review. Section 6. Severability. Each portion of this Ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this Ordinance shall not invalidate the remainder of the Ordinance. Section 7. Repeal and Saving Clause. (A) Ordinance No. 2410 is hereby repealed. (B) Notwithstanding Subsection (A) of this Section, Ordinance No. 2410 shall remain valid and in force for the purpose of authorizing arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 2410 prior to the effective date of this ordinance. Approved as to form: City Atj;Krkey D'o4e Approved: Frank Lonan, Mayor Passed by the Council A m, I Submitted to the Mayor iq Approved by the Mayor 23 196 �q Page 6 - COUNCIL BILL NO. 3248 ORDINANCE NO. 2625 Filed in the Office of the Recorder ri� ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 7- COUNCIL BILL NO. 3248 ORDINANCE NO. 2625