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Ord 2342 - Park exclusion proc COUNCIL BILL NO. 2466 ORDINANCE NO. 2342 AN ORDINANCE AMENDING ORDINANCE 2060 (THE WOODBURN PARK ORDINANCE) BY ApDING A NEW SECTION CREATING A PARK EXCLUSION PROCESS AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn and its staff are responsible for the safe and orderly operation of City parks; and WHEREAS, in order to meet this responsibility, City staff must enforce park rules and manage and control unacceptable behavior; and WHEREAS, it is necessary for certain designated officials to have the ability to eject persons from City parks whose conduct is unlawful; and WHEREAS, it is necessary that Ordinance 2060 (the Woodburn Park Ordinance) be amended to add a new section creating a park exclusion process; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That Ordinance 2060 is hereby amended to add a new section, Section 9B, which shall read as follows: Section 98. In addition to other measures provided for violation of this Ordinance, or any of the laws of the State of Oregon, any peace officer, as defined by ORS 133.005(3), any City of Woodburn Code Enforcement Officer, or any other person specifically designated by the City Administrator, may exclude any person who violates any provision of this Ordinance, any City Ordinance, any of the laws of the State of Oregon, or any rule or regulation duly made and issued by the City Recreation and Parks Department or the City Council from any City park for a period of not more than 30 days. (1) Written notice shall be given to any person excluded from any City park. Such notice shall specify the dates and places of exclusion. It shall be signed by the issuing party. Warning of consequences for failure to comply shall be prominently displayed on the notice. Page 1 - Council Bill No. 2466 Ordinance No. 2342 ...,..4.... ,_-........._._."".- .....~.~m.''^'-." (2) A person receIvIng such notice may appeal to the Woodburn Municipal Court to have the written notice rescinded or the period shortened. The appeal shall be filed within 5 days of receipt of the exclusion notice, unless extended by the Court for good cause shown. (a) The appeal need not be in any particular form, but should substantially comply with the following req uirements: (i) Be in writing (ii) Identify the date, time, and place of the exclusion (iii) Identify the name and address of the appealing party (iv) Identify the official who issued the exclusion (b) A copy of the appeal shall be served on the City Administrator. (c) The appeal hearing shall be held within ten (10) days after the request is made. The hearing date may be postponed by: (i) Agreement of the parties; or (ii) Order of the court for good cause. (d) The court shall promptly notify: (i) The person appealing; and (ii) The issuing official (e) At the appeal hearing the city and any interested parties shall have the right to present evidence and witnesses and to be heard. At the hearing, the Court shall follow the hearing procedures as contained in the Civil Infraction Ordinance. After due consideration of pertinent information and testimony the court shall render its finding. The finding of the court will be final. Page 2 - Council Bill No. 2466 Ordinance No. 2342 ..... ,_...........".._._w~.___ ___~",._.~_.__.~___'___._._~.~__.,~",..',. ,.__.'_''''_~'~_~'''''''''''''',~,,,,,'~' (3) At any time within the 30 days, a person receiving such notice may apply in writing to the City Administrator for a temporary waiver from the effects of the notice for good reason. Section 2. Emeraency Clause. This Ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this Ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approve Approved as to form:C)j.~ ~ City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor July 28, 2003 Jul y 30, 2003 July 30, 2003 Filed in the Office of the Recorder Jul Y 30, 2003 ATTEST: 11~~~ Mary Te nant City Recorder City of Woodburn, Oregon Page 3 - Council Bill No. 2466 Ordinance No. 2342 ..... -- ~,..,..........~.,".__..~.~~,._,_._~~.".,_.....,.~.-.....-.