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Ord 2377 - Park Exclusion COUNCIL BILL NO. 2542 ORDINANCE NO. 2377 AN ORDINANCE AMENDING ORDINANCE 2060 (THE WOODBURN PARK ORDINANCE) TO MODIFY THE PARK EXCLUSION PROCESS AND DECLARING AN EMERGENCY. WHEREAS, the City is responsible for the safe and orderly operation of City parks; and WHEREAS, in order to meet this responsibility, the City must enforce park regulations and manage and control unacceptable behavior; and WHEREAS, it is necessary that certain designated officials have the authority to eject persons from City parks whose conduct is unlawful to prevent such persons from continuing to engage in similar behavior in that park; and WHEREAS, it is necessary to amend Ordinance 2060 (the Woodburn Park Ordinance) to clarify that limiting an individual's freedom of speech or expression should not be a motivating factor in excluding an individual from a park; to provide an opportunity for a hearing before the individual is excluded unless the individual's conduct necessitates immediate exclusion; and to narrow the violations that may result in a individual's immediate exclusion; and NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 9B of Ordinance 2060 is hereby amended to read as follows: Section 98. Exclusion. 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) or any City of Woodburn Code Enforcement Officer may exclude any person who in any City park 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 by the City Recreation and Parks Department or the City Council from that City park pursuant to the provisions of this Ordinance. Page 1 - Council Bill No. 2542 Ordinance No. 2377 T r (1) No person shall enter or remain in a City park at any time that a Notice of Exclusion issued under this Ordinance excluding that person from that City park is in effect (2) An exclusion issued under the provisions of this Ordinance shall be for thirty (30) days. If the person to be excluded has been excluded from any park at any time, within two years before the date of the present exclusion, the exclusion shall be for ninety (90) days. If the person to be excluded has been excluded from one or more parks on two or more occasions within two years before the date of the present exclusion, the exclusion shall be for one-hundred eighty (180) days. (3) Before issuing a Notice of Exclusion under this Ordinance the issuing officer shall first give the person a warning and a reasonable opportunity to desist from the violation. A Notice of Exclusion shall not be issued if the person promptly complies with the warning and desists from the violation. No warning shall be required if the person is to be excluded for committing any act punishable as a felony, or involving controlled substances or alcoholic beverages, or which has resulted in injury to any person or damage to any property. Further, no warning shall be required if the person to be excluded has been warned or excluded from the park previously for engaging in the same unlawful conduct. (4) A Notice of Exclusion under this Ordinance shall specify the date the exclusion is to commence, the term of the exclusion, the City park that the person is to be excluded from, the provision of law 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 right to appeal the notice and to apply for a temporary waiver from the effects of the notice warning of consequences for failure to comply shall be prominently displayed on the notice. (5) Notices of Exclusion shall take effect immediately except that if a timely appeal is filed under this Ordinance, the effectiveness of the exclusion shall be stayed pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of the exclusion shall become effective Page 2 - Council Bill No. 2542 Ordinance No. 2377 TT immediately upon issuance of the Woodburn Municipal Court decision, unless the Court sets a later effective date. (6) 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 within five (5) days of receipt of the Notice of Exclusion. (a) The appeal need not be in any particular form, but should substantially comply with the following requirements: (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 (v) Contain a concise statement as to why the Notice of Exclusion was issued in error (b) A copy of the appeal shall be served on the City Attorney. (c) 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) days after the appeal is filed. (d) 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. (7) A t any time within the exclusion period, a person receiving a Notice of Exclusion may apply in writing to the City Administrator for a temporary waiver from the effects of the notice for good cause shown. In exercising discretion under this section, the City Administrator shall consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be in the park Page 3 - Council Bill No. 2542 Ordinance No. 2377 ..' , during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (without regard to the content of any speech associated with that event), and any other criterion the City Administrator determines to be relevant to the determination of whether or not to grant a waiver. The decision of the City Administrator to grant or deny, in whole or in part, a waiver under this section is committed to the discretion of the City Administrator, and is not subject to appeal or review. Section 2. Emergency 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. Approved as to form7).01r"~ City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor November 8, 2004 November 10, 2004 November 10, 2004 Filed in the Office of the Recorder November 10, 2004 ATTEST: 'J /" --r -<-I- / ~ I h'--"'. _------1 . Mary Te ant City Recorder City of Woodburn, Oregon Page 4 - Council Bill No. 2542 Ordinance No. 2377 ..' .'