9.32.020 Exclusion from public land and public facilities

        A.    In addition to any other remedy or penalty provided by law, a peace officer or other person specifically authorized by the manager may exclude a person who violates a provision of state or local law or rule or Tri-Met ordinance from that public land and public facilities for a period of up to 90 days.

        B.    A person excluded pursuant to HMC 9.32.020(A) may not enter or remain upon that public land or public facility during the exclusion period except a person excluded from the Civic Center Complex may enter upon or remain at the Civic Center Complex to the extent necessary to file documents required to be filed with a city official or appear in a municipal court proceeding.

        C.    A person will be given a warning and an opportunity to comply with the law or rule before an exclusion notice is issued unless the exclusion is based on:

        1.     Conduct punishable as a felony;

        2.     Controlled substances or alcoholic beverages;

        3.     Behavior prohibited by HMC 9.32.040(O);

        4.     Actions actually or likely to result in personal injury or property damage; or

        5.     The person having been previously warned or excluded for the same conduct in a separate situation.

        D.    An exclusion notice will not be issued if the person promptly complies with the warning under HMC 9.32.020(C).

        E.     An exclusion notice will be written and include:

        1.     The signature of the issuing party and date of issuance;

        2.     The effective dates of the exclusion period;

        3.     The places from which the person is excluded;

        4.     The provisions of law violated;

        5.     A brief description of the offending conduct;

        6.     A statement of the consequences for failure to comply; and

        7.     The appropriate municipal court procedures.

        F.     The code does not authorize exclusion of a person lawfully exercising free speech rights or other rights protected by state or federal law. (Ord. 6215 § 3, 2017)