It is the goal of the City to provide City buildings and spaces that are comfortable, safe and welcoming to all patrons.
(Ord. 757, passed 9-5-2017)
The objective of this policy is to provide patrons with a clear understanding of expected behavior in City buildings and spaces. This policy also provides employees with a clear understanding of their responsibilities and authority in dealing with certain behaviors on City property.
(Ord. 757, passed 9-5-2017)
(A)
Definitions and scope. These behavior rules shall apply to all buildings, interior and exterior, and all grounds and spaces controlled and operated by the City (such buildings and grounds are hereafter referred to as the "premises") and to all persons entering in or on the premises. The premises include, but are not limited to:
(B)
Code of conduct rules. Persons who violate the City's behavior rules may be ejected and/or excluded from the premises, may lose all privileges related to those premises, or may be subject to arrest, as specified below.
(1)
Any person who violates Rules 1 through 3, below, while in or on City premises will be immediately ejected and excluded from such premises without a warning. The incident will be reported to the appropriate law enforcement agency. Any person so excluded shall lose all privileges related to such premises for a period of up to 3 years, which shall be determined at the sole discretion of the applicable department head, or designee. The department head shall consider the following criteria when making such determination:
(a)
The nature and severity of the offense;
(b)
Whether or not this is a repeated offense;
(c)
Whether past warnings were provided;
(d)
Whether the conduct poses a risk of continuing disruption and/or threat to the comfort or safety of other customers and/or staff;
(e)
The level of disruption created by the conduct;
(f)
The designated uses of the particular building or space (i.e., is it a library requiring low noise levels? Is it a park where children frequently gather?);
(g)
Whether or not security personnel and/or law enforcement involvement is required to address the situation.
1.
Committing or attempting to commit any activity that would constitute a violation of any federal, state or local criminal statute or ordinance.
2.
Engaging in sexual conduct, as defined under ORS 167.060, including, but not limited to, the physical manipulation or touching of a person's sex organs through a person's clothing in an act of apparent sexual stimulation or gratification.
3.
Possessing, selling, distributing or consuming any alcoholic beverage, except as allowed at a City-approved event.
(2)
Any person who violates Rules 4 through 27, below, while on or in City premises will be given one warning to cease such conduct by appropriate staff. If a person fails or refuses to comply, then the person will be required to leave the premises immediately for the remainder of the day. If a person fails to leave the premises, the appropriate law enforcement agency will be summoned. Subsequent violations of these rules by that person will result in that person's immediate ejection and exclusion from such premises. Any person so excluded shall lose all related privileges for a period of time up to one year, which shall be determined at the sole discretion of the appropriate department head, or designee.
4.
Disruptive conduct indicating impairment or intoxication from drugs, controlled substances, or alcohol.
5.
Engaging in conduct that disrupts or interferes with the normal operation of the premises, or that disturbs staff or patrons, including, but not limited to: the use of abusive or threatening language or gestures and the creation of unreasonable noise levels for that particular premises.
6.
Using premises materials, equipment, furniture, fixtures or buildings in a manner inconsistent with the customary use thereof; or in a destructive, abusive or potentially damaging manner; or in a manner likely to cause personal injury to the actor or others.
7.
Disobeying the reasonable direction of a City staff member or security officer.
8.
Soliciting, petitioning, distributing written materials or canvassing for political, charitable or religious purposes inside a City building, including the doorway or vestibule of any such City building or in a manner on the premises that unreasonably interferes with or impedes access to the building.
9.
Interfering with the free passage of City staff or patrons in or on the City premises, including, but not limited to, placing objects such as bicycles, skateboards, backpacks or other items in a manner that interferes with free passage.
10.
Placing personal belongings on or against buildings, furniture, equipment or fixtures in a manner that interferes with staff or patron use of the City facility. Unattended packages or items may be inspected if deemed suspicious by City staff.
11.
Bringing bicycles or other similar devices inside City buildings, including, but not limited to, vestibules or covered doorways if no bicycle rack is provided within that area.
12.
Operating roller skates, skateboards or other similar devices in areas where posted signs indicate such activity is prohibited.
13.
Parking vehicles on City premises for purpose other than City use. Vehicles parked in violation of this rule may be towed at the owner's expense.
14.
Smoking or other use of tobacco including electronic cigarettes in any area except designated smoking areas.
16.
Bringing animals inside City buildings (with the exception of service animals), except as allowed at a City-approved event.
17.
No unattended animals are allowed in or on City premises.
18.
Sleeping in City buildings in a manner that disrupts other patrons or staff or occupies excess space in the premises.
19.
Improper use of City restrooms, including, but not limited to: bathing, shaving, or washing hair.
20.
Leaving one or more children unsupervised or unattended anywhere in or on City premises. For purposes of this rule, a "child" is a person 6 years or under who is unaccompanied by a responsible adult in the immediate vicinity of the child, or a person aged 7 to 10 who is unaccompanied by a responsible adult in the building.
21.
Entering City buildings with bare feet or a bare chest.
22.
Disturbing others because of offensive body odor.
23.
Loitering on premises for over one hour when not engaged in related business or activities.
24.
Carrying guns and other items that could reasonably be perceived as a dangerous weapon, including,but not limited to: knives, swords, box-cutters, mace, machetes.
25.
Disturbing others by use of electronic equipment including, but not limited to, excessive noise from cellular phones and laptops.
26.
Entering areas designated as staff only, unless specifically authorized by City staff.
(Ord. 757, passed 9-5-2017)
City staff shall provide all persons who have been excluded from City premises with a written notice of rule violation informing the person of the specific nature of the rule violation and of the appeal procedure. City staff will provide such written notice in person at the time a person is excluded from the premises, or by mail, within a reasonable time thereafter.
(Ord. 757, passed 9-5-2017)
Persons who have received an exclusion notice may request a hearing. The request must be in writing and filed at the City Recorder/City Manager's office within one week (exclusive of weekends or legal holidays) of receipt of the notice. The City Manager or designee will schedule a hearing, which shall not be more than 2 weeks after receipt of the request. However, the City Manager may extend these timelines for good cause. The hearing will be informal and the City Manager will consider testimony from City staff involved in the incident, from the person requesting the hearing, and from any other witnesses. The person requesting the hearing has a right to be represented by legal counsel, at his or her own expense, and the right to present rebuttal testimony. At the conclusion of the hearing, the City Manager may affirm, modify, or cause the notice to be canceled. A written copy of the decision, on the date it is issued, will be retained in the appropriate City records and will be delivered or mailed to the person requesting the hearing.
(Ord. 757, passed 9-5-2017)
