§ 26-378. Exclusion from parks.

(a)

A police officer may exclude a person who violates a provision of section 26-375 from any or all parks for a period of not more than 30 days.

(b)

Written notice shall be given to a person excluded from the parks. The notice shall specify the dates of exclusion and shall be signed by the issuing officer. Warning of consequences for failure to comply shall be prominently displayed on the notice.

(c)

A person receiving notice may, within five days, appeal in writing to the City Manager to have the written notice rescinded or the period shortened. At any time within the 30 days a person receiving a notice may apply in writing to the City Manager for a temporary waiver from the effects of the notice for good reason. The waiver shall be in writing and shall contain the time period of the waiver, and shall be kept in the possession of the person at all times while in the park.

(d)

If a person excluded from a park is found therein during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245.

(Prior Code, § 45.045; Code 2006, § 12.21.7; Ord. No. 1178, § 1, 1980; Ord. No. 1247, § 2, 1991; Ord. No. 1279, § 1(part), 1993; Ord. No. 1314)