HomeMy WebLinkAbout2993 Exclusions from Park Property
ORDINANCE NO. d,q q ~
AN ORDINANCE RELATING TO EXCLUSIONS FROM PARK PROPERTY
AND AMENDING AMC 10.68.350
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold ,. ~ U .L and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
Citv of Beaverton v. International Ass'n of Firefiohters, Local 1660. Beaverton Shop
20 Or. App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, it is necessary to clarify and update park exclusion procedures to
clarify appeals and address the exercise of First Amendment rights pursuant to
Yeakle v. Citv of Portland, 322 F. Supp. 2d 1119 (2004).
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.38.350 [Violation - Penalty] is hereby amended to read as
follows:
10.68.350 Violation Penalty Penalties
A. Violation. Any person who violates any of the provisions of this chapter is
guilty of a violation an infraction and shall be subject to the penalties set
forth in Section 1.08.020.
B. The park commission may also exclude any person who violates any
provision of this chapter, or any such rule or regulation, from any city
park, for a period of not more than ten (1Q) days.
B. Exclusion. In addition to other remedies provided for violation of
this Code. or of any of the laws of the State of Oreaon. any peace
officer. or park official or city code compliance officer may exclude any
person who violates any applicable provision of law in a city park from
any or all citv parks for a period of 30 days for any violation or for a
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period not to exceed 120 days for criminal offenses. If the person to be
excluded from any park has been excluded from a city park on two or
more occasions within two vears before the date of the present
exclusion for criminal offenses. the exclusion shall be for a period not
to exceed 180 days. NothinQ in this Section shall be construed to
authorize the exclusion of any person lawfully exercisinQ free speech
riQhts or other riQhts protected by the state or federal constitutions.
However. a person enQaQed in such protected activity who commits
acts that are not protected. but that violate applicable provisions of law,
shall be subiect to exclusion as provided by this Section.
(1) For purposes of this section, "applicable provision of law"
includes any applicable provision of this chapter. or of any city
ordinance. includinQ state or city criminal laws and vehicle
codes. or any rule. reQulation, order or permit issued by the
Parks Commission. Parks Director or the city council on
recommendation of the parks commission, or any other
applicable federal or state law or reQulation.
(2) Criminal Trespass. Section 10.68.350B is in addition to and not
in lieu of any other ordinance or law. No person shall enter or
remain in anv park at anv time durinQ which a notice of exclusion
is effective under this section. EnterinQ a park in violation of an
exclusion order constitutes criminal trespass in the second
deQree. which is a class C misdemeanor.
C. The ordinance codified in this chapter shall take effect ami be in full
force upon the expiration of ten (10) days after its adoption by the
Council and appro':al by the mayor.
C. Exclusion Process.
(1) Written notice shall be Qiven to any person excluded from any
citv parkes). Such notice shall specify the dates and places of
exclusion. It shall be siQned bv the issuinQ partv; warninQ of
consequences for failure to comply shall be prominentlv
displayed on the notice.
(2) A person receivinQ such notice mav appeal in accordance with
AMC 2.30 to have the written notice rescinded or the period
shortened. The appeal notice shall specify the relief souQht and
the reason for said relief.
(3) The HearinQ Officer shall uphold the exclusion if. upon de novo
review. the preponderance of the evidence convinces the
HearinQ Officer that. more likely than not. the person in fact
committed the crime or violation. and that the exclusion is
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otherwise in accordance with law. If an appeal of the exclusion is
timely filed under AMC 2.30. the effectiveness of the exclusion
shall be stayed. pendinQ the outcome of the appeal. If the
exclusion is affirmed. the exclusion shall be effective
immediately upon issuance of the written decision and the shall
commence and run for the specified number of days thereafter.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 3. SavinQs. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced and continued under the laws in
effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 2-4) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by tit. Ie only in ~ Article X,
Section 2(C) of the City Charter on the /;J, day of. , 2009,
and duly ASSED and ADOPTED this ? day of' , 2009.
/I{~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this L day of t!)~~ 2009.
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