City Auditor - City Recorder - City Code - Title 14 - Public Peace Safety & Morals (June 2000 version)

As used in this Title, “alcoholic liquor” means any alcoholic beverage containing more than 0.5 percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol, and capable of being consumed by a human being.

As used in this Title, “peace officer” includes a member of the Oregon State Police, sheriff, constable, marshal, and officer of the Bureau of Police.

14.08.025 Mandatory Minimum Penalties for Violation of Certain Provisions of this Code.

14.08.260 Conduct Prohibited on Public Easements of the Willamette River Greenway.

The doing of any act or thing prohibited or the failing to do any act or thing commanded to be done in this Code within the corporate limits of the City and within such other areas as may be specified in this Code is hereby declared to be an offense against the public peace, safety, health, morals, and general welfare of the people of the City.

Violation of any provision of this Code is punishable, upon conviction, by a fine of not more than $500, or by imprisonment not exceeding 6 months, or both. However, no greater penalty shall be imposed than the penalty prescribed by Oregon statute for the same act or omission.

14.08.025 Mandatory Minimum Penalties for Violation of Certain Provisions of this Code.

(Added by Ord. No. 154832; amended by Ord. No. 156367; effective August 2, 1984.) Notwithstanding that the maximum possible penalty, as noted in Section 14.08.020, for each conviction of the following listed provisions of this Code is a fine of not more than $500, or imprisonment for a period not exceeding 6 months, or both, each and every violation of the following Sections shall be punished, at a minimum, upon conviction or plea of guilty, by a fine of $300 for the first such violation, not less than 7 days imprisonment and a $500 fine for the second such violation, or not less than 30 days imprisonment and a $500 fine for the third, and each subsequent violation that occurs within any consecutive 24-month period from the date of the prohibited act:

While these listed mandatory minimum fines and periods of imprisonment may be ordered as a part of the conditions of probation, such fines and periods of imprisonment shall not be suspended, and shall be ordered paid, or served, respectively. Provided that, in cases involving the first arrest for violation of any of the above-listed Sections, the District Attorney may utilize a diversion program. Provided further that, in cases

involving the first conviction or plea of guilty for violation of any of the above-listed Sections, the court may, upon a finding of indigency, suspend imposition of part or all of the fine.

The custodian of any person sentenced to imprisonment for violation of this Code or any ordinance of the City may grant the prisoner credits for good behavior and for special work performed under his direction, to the extent provided by law for misdemeanants.

A. It is unlawful knowingly to operate any apparatus generating electromagnetic waves or disturbances detectable by radio receiving apparatus and of such magnitude as to interfere with normal reception of City radio communications.

B. Whenever the Director of Communications finds that any apparatus is generating electromagnetic waves of such magnitude as to interfere with City radio communications, he shall serve written notice upon the owner or operator thereof, advising that owner or operator of his finding. Upon such notice it is the duty of the owner or operator to fully cooperate with the Director in checking, by actual demonstration, whether such apparatus is, in fact, interfering with the normal reception of City radio communications. If the findings of the Director are confirmed, he shall serve a written notice upon the owner or operator to cease operation of such apparatus; provided that, with the consent of the Director, the owner or operator may be allowed a period, not to exceed 30 days, within which to filter, shield, or otherwise remodel such apparatus to prevent the interference.

C. This Section does not apply to any transmitting, broadcasting or receiving apparatus used in interstate commerce which is licensed or authorized by law.

When authorized in writing by the Chief of Police, a police officer may inspect the premises of any business defined in Section 7.52.020 of this Code, to search for stolen property or suspected offenders. However, no property may be removed from the premises without due process of law.

It is unlawful for any person to stop or remain in the vicinity of a fire, explosion, accident, cave-in, or similar emergency or disaster, or where such an emergency or disaster is threatened, or in the vicinity of a riot, affray, or arrest, when his presence may be unsafe to himself or others, or may interfere with rescue, fire fighting, or other emergency aid, after being notified by a peace officer to move to a place outside the area of danger or interference.

It is unlawful for a person having control of premises where a burglar alarm or fire alarm sprinkler system exists to fail to have conspicuously posted, where it may be plainly seen by persons outside of the premises, the name, address and telephone number of a person having a key to the premises.

If a person is required under Title 7 of this Code to obtain a license plate for a vehicle used within the City for a business, occupation or activity, it is unlawful for that person to operate that vehicle without first obtaining the license plate and displaying it so as to be visible from behind the vehicle.

Vehicle license plates issued to a licensee under Title 7 of this Code are nontransferable. It is unlawful for the licensee to loan or permit any other person to have in his possession or to use such a vehicle license plate. It is unlawful for any person to exhibit or use a vehicle license plate not lawfully issued to that person, or after his license has expired.

Upon the request of a police officer or employee of the Bureau of Revenue and Treasury, the owner or operator of a vehicle being used in a business, occupation or activity which requires a vehicle license plate under Title 7 of this Code shall answer any questions concerning the manner of use of that vehicle and the goods or material being transported by it, and, if required, shall sign a statement containing such answers.

It is the duty of the Chief of Police to forward to the head of the Bureau of Revenue and Treasury all information obtained by the Bureau of Police concerning violations of Sections 14.08.090 to 14.08.110 of this Chapter.

It is unlawful for any unauthorized person to have in his possession or use any tool, key, implement, or device designed for forcing, breaking, or otherwise gaining entry to a pay telephone coin box, coin vending machine, parking meter or other coin-operated machine or device.

(Added by Ordinance No. 138740; amended by Ordinance Nos. 144494, 151389; and 168002, effective Aug. 10, 1994.)

1. “Arrest” means to place a person under actual or constructive restraint for the purpose of charging him with an offense.

2. “Custody” means to place a person under actual or constructive restraint pursuant to a court order or for other lawful purpose.

3. “Minimum safety zone” means the location 10 feet extending in a radius from where a police officer is engaged in effecting an arrest or stop, taking a person into custody, or interviewing a witness to or victim of a criminal offense. The radius may be extended beyond 10 feet when a police officer reasonably believes such extension is necessary because there exists a substantial risk of physical injury to any person.

a. That does not involved the use or threatened use of violence, physical force or other means creating a substantial risk of physical injury to any person, and

6. “Stop” means a temporary restraint of a person’s liberty, by a police officer lawfully present in any place,

a. When such officer reasonably suspects that such person is committing, or has committed, a criminal offense, or

b. When such officer reasonably believes that such person is in need of attention pursuant to ORS 426.215 or ORS 426.460, or

c. When such officer reasonably believes that such person is the subject of service of a valid court order.

B. It is unlawful for any person to refuse to leave the minimum safety zone, or, having left that zone, to reenter it, after being directed to leave that zone by an individual whom the person knows to be a police officer. Passive resistance as defined herein is not unlawful under this section.

A. It is unlawful for any person to torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot, mutilate, injure, disable, kill, or to tamper with any animal while it is being caged, kenneled, transported, exhibited, exercised, or used in discharging or attempting to discharge any lawful duty or function or power of office, by any police officer or his representative, for any police agency.

B. Any person found to have violated the provisions of this Section shall be guilty of a criminal offense, and shall be punished by a fine of not more than $500, or by imprisonment for a term not to exceed 6 months, or both.

A. It is unlawful for any person to manage, operate, or profit from any unlawful amusement game or concession.

B. As used in this Section, “unlawful amusement game or concession” includes the following:

1. Any amusement concession or game in which any physical limitations affecting the degree of skill necessary to win such amusement concession or game are not readily visible to the player unless a duplicate thereof, which does disclose such physical limitations, is displayed, at the location where such amusement concession or game is played, so as to be readily visible to patrons and contestants.

2. Any amusement concession or game, in which the winning of such amusement concession or game depends upon the patron’s or contestant’s ability to throw or project an object, unless all such objects available for use by any single patron or contestant are uniform in size and weight.

3. Any amusement concession or game, in which the ability of the patron or contestant to win depends upon throwing or projecting of an object, unless there exists an unobstructed air space of at least 18 inches in height above the highest point of any surface, object or place upon which such object must land to win such amusement concession or game.

4. Any amusement concession or game in which any target, which must be struck, hit, overturned, broken or passed through is tilted or inclined in any manner so as to give any advantage to such manager or operator.

5. Any amusement concession or game in which any material or substance has been placed on any target so as to give any advantage to such manager or operator.

6. Any amusement concession or game which utilizes any device, whether mechanical or electrical, other than the target and the objects to be thrown or projected at that target, which increases or decreases the opportunity of any patron or contestant to win such amusement concession or game.

7. Any amusement concession or game, in which the patron or contestant is required to shoot a firearm, air gun, pellet gun, BB gun, or similar device at a target in order to win such amusement concession or game, unless all of the ammunition utilized in such devices is uniform in type, size, and weight and such devices are physically fixed, attached, or controlled to ensure that they can only be pointed toward the target area. The utilization of such devices in compliance with this Subsection shall be authorized as an exception to, and not be deemed a violation of, Section 14.32.010.

8. Any amusement concession or game in which, as a condition of winning such amusement concession or game, a part, or all of a target must be destroyed or obliterated, unless the patron or contestant in such amusement concession or game is permitted, at his request, to have such target(s) brought to him for his inspection at any time(s) after he has paid to play and has concluded such contest but before he has left such amusement concession or game location.

2. “campsite” means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire, is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.

B. It is unlawful for any person to camp in or upon any sidewalk, street, alley, lane, public right of way, or any other place to which the general public has access, or under any bridgeway or viaduct, unless otherwise specifically authorized by this Code or by declaration by the Mayor in emergency circumstances.

C. The violation of this Section is punishable, upon conviction, by a fine of not more than $100 or by imprisonment for a period not to exceed 30 days or both.

14.08.260 Conduct Prohibited on Public Easements of the Willamette River Greenway.

A. For purposes of this Section, the term “public easements of the Willamette River Greenway” is defined to include the following areas:

1. The Willamette River Greenway easement property in the John’s Landing area, located on the west bank of the Willamette River between SW Hamilton and SW Dakota Streets, and specifically described in the June 17, 1974 Agreement between the City and the State, Macadam Investors Oregon, Ltd., and John & Condon Properties, accepted by the City pursuant to Ordinance No. 139425, and recorded September 19, 1980 in Book 1470, page 184, Multnomah County records.

2. The Willamette River Greenway Trail easement property in the McCormick Pier area, located on the west bank of the Willamette River between the Broadway and Steel bridges, and specifically described in the January 15, 1982 Agreement between the City and the Norcrest China Company, accepted by the City pursuant to Ordinance No. 152728, and recorded in Book 1574, page 1610, Multnomah County records.

1. Operate or permit the use or operation of any device designed for sound production or reproduction, including, but not limited to, any radio, television set, musical instrument, phonograph, loudspeaker, bell, or chime;

C. The property owner(s) or an association thereof of the John’s Landing area and the McCormick Pier area shall be responsible for the erection and maintenance of appropriate signs at all public entrances to such easement property which specify the prohibitions of Subsection (b) of this Section.

A. Any person who if to be designated as a gang affiliate by the Police Bureau following the administrative hearing provided for in Police Bureau General Orders, or who has unsuccessfully challenged a gang affiliate designation at such a hearing, has a right of appeal to the Code Hearings Officer.

B. The appeal authorized by this section shall be conducted in accordance with the procedures and under the conditions set forth in Chapter 22.10 of this Code.

This Chapter is meant to exclusively apply to the process for conducting an inventory of the personal property in an impounded vehicle and the personal possessions of a person in police custody and shall not be interpreted to affect any other statutory or constitutional right(s) that police officers may employ to search persons or search or seize possessions for other purposes.

B. “Open container” means a container which is unsecured or incompletely secured in such a fashion that the container’s contents are exposed to view.

C. “Closed container” means a container whose contents are not exposed to view.

1. The imposition of restraint as a result of an ‘arrest’ as that term is defined at ORS 133.005 1.;

2. The imposition of actual or constructive restraint by a police officer pursuant to a court order;

3. The imposition of actual or constructive restraint by a police officer pursuant to ORS Chapter 426;

4. The imposition of actual or constructive restraint by a police officer for purposes of taking the restrained person to an approved facility for the involuntary confinement of persons pursuant to Oregon law.

E. “Police officer” means any officer of the Portland Bureau of Police or the Port of Portland Police Department.

A. The contents of all vehicles impounded by a police officer will be inventoried. The inventory shall be conducted before constructive custody of the vehicle is released to a third-party towing company except under the following circumstances:

1. If there is reasonable suspicion to believe that the safety of either the police officer(s) or any other person is at risk, a required inventory will be done as soon as safely practical; or

2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory will be done after such investigation is completed.

1. Promptly identify property to establish accountability and avoid spurious claims to property;

C. Inventories of impounded vehicles will be conducted according to the following procedure:

1. An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, in any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats;

2. In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers will also be conducted in the following locations:

a. Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked vehicle trunks and unlocked car- top containers; and

b. Any locked compartments including, but not limited to, locked vehicle trunks, locked hatchbacks and locked car-top containers, if either the keys are available to be released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle.

3. Unless otherwise provided in this Chapter, closed containers located either within the vehicle or any of the vehicle’s compartments will not be opened for inventory purposes.

4. Upon completion of the inventory, the police officer will complete a report as directed by the Chief of such officer’s department.

5. Any valuables located during the inventory process will be listed on a property receipt. A copy of the property receipt will either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. The valuables will be dealt with in such manner as directed by the Chief of the police officer’s department.

A. A police officer will inventory the personal property in the possession of a person taken into police custody and such inventory will be conducted whenever:

1. Such person will be either placed in a secure police holding room or transported in the secure portion of a police vehicle; or

2. Custody of the person will be transferred to another law enforcement agency, correctional facility, or “treatment facility” as that phrase is used in ORS 426.460 or such other lawfully approved facility for the involuntary confinement of persons pursuant to Oregon Revised Statute.

1. Promptly identify property to establish accountability and avoid spurious claims to property; or

2. Fulfill the requirements of ORS 133.455 to the extent that such statute may apply to certain property held by the police officer for safekeeping; or

5. Locate weapons and instruments that may facilitate an escape from custody or endanger law enforcement personnel; or

C. Inventories of the personal property in the possession of such persons will be conducted according to the following procedures:

1. An inventory will occur prior to placing such person into a holding room or a police vehicle, whichever occurs first. However, if reasonable suspicion to believe that the safety of either the police officer(s) or the person in custody or both are at risk, an inventory will be done as soon as safely practical prior to the transfer of custody to another law enforcement agency or facility.

2. To complete the inventory of the personal property in the possession of such person, the police officer will remove all items of personal property from the clothing worn by such person. In addition, the officer will also remove all items of personal property from all open containers in the possession of such person.

3. A closed container in the possession of such person will have its contents inventoried only when:

a. The closed container is to be placed in the immediate possession of such person at the time that person is placed in the secure portion of a custodial facility, police vehicle or secure police holding room;

b. Such person requests that the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or

c. The closed container is designed for carrying money and/or small valuables on or about the person including, but not limited to, closed purses, closed coin purses, closed wallets and closed fanny packs.

D. Valuables found during the inventory process will be noted by the police officer in a report as directed by the Chief of such officer’s department.

E. All items of personal property neither left in the immediate possession of the person in custody nor left with the facility or agency accepting custody of the person, will be handled in the following manner:

1. A property receipt will be prepared listing the property to be retained in the possession of the respective police department and a copy of that receipt will be tendered to the person in custody when such person is released to the facility or agency accepting custody of such person;

2. The property will be dealt with in such manner as directed by the Chief of such officer’s department.

F. All items of personal property neither left in the immediate possession of the person in custody nor dealt with as provided in Subsection 14.10.040(E) above, will be released to the facility or agency accepting custody of the person so that they may:

2. Prepare and deliver a receipt, as may be required by ORS 133.455, for any valuables held on behalf of the person in custody.

Each claim for a reward offered by this Code shall be made in writing by the claimant or his authorized representative and filed with the Auditor within 60 days after conviction of the accused in the District Court or, if there has been an appeal, when the judgment of conviction becomes final. If two or more persons are entitled to the same reward, it shall be prorated among them. It shall be the duty of the Chief of Police to fully investigate all claims for reward and report the results of his investigation to the City Attorney. His report shall include copies of all police reports and records pertaining to the case out of which the claim arose, the court disposition, and a statement of facts or circumstances showing why the claimant is or is not entitled to payment of the reward. The City Attorney shall examine the record and report his findings and conclusions to the Council, together with the report of the Chief of Police. If the arrest was made by any law enforcement agency other than the Bureau of Police, a report of that agency shall be obtained and submitted to the Council, along with the other reports required herein. The address of the claimant shall not be made public unless necessary to the enforcement of the law.

A reward under the provisions of this Code shall not be paid to any United States, State, County, or municipal officer or employee.

The action of the Council shall be final and binding upon any and all persons claiming a reward provided for herein, and the Council shall be the final arbiter in determining the rights, if any, of respective claimants.

No member of the Bureau of Police shall for his own benefit under any pretense whatever, receive or share in any present, fee, gift, reward or emolument for public service other than the regular salary and pay except by the consent of the City Council.

14.20.180 Destruction and Vandalism of Public Property on Downtown Transit Mall.

14.20.190 Authority of Tri-Met to Prohibit Misuse of Transit Shelters on City Sidewalks.

A. Unless specifically authorized by ordinance, it is unlawful for any person to obstruct any street or sidewalk, or any part thereof, or to place or cause to be placed, or permit to remain thereon, anything that obstructs or interferes with the normal flow of pedestrian or vehicular traffic, or that is in violation of parking lane, zone or meter regulations for motor vehicles. Such an obstruction hereby is declared to be a public nuisance. The City Engineer, the City Traffic Engineer, or the Chief of Police may summarily abate any such obstruction or the obstruction may be abated as set forth in Chapter 29.20.

B. The provisions of this Section do not apply to merchandise in course of receipt or delivery, unless that merchandise is permitted to remain upon a street or sidewalk for a period longer than 2 hours. The vehicle in which merchandise is delivered is subject to all parking regulations as described in Title 16.

It is unlawful for any person to place or allow to remain on a street any obstruction, other than a lawfully parked vehicle, during the period from 1 hour after sunset to 1 hour before sunrise without displaying on the edge or side of the obstruction nearest the center of the street a warning light or lights plainly visible for a distance of 200 feet in either direction parallel with the center of the street.

(Amended by Ordinance Nos. 154909 and 165594, effective July 1, 1992.) It shall be unlawful for any person to sell or attempt to sell any merchandise or services in or upon any sidewalk, street, alley, lane, public right of way, or under any bridgeway or viaduct:

2. Public park grounds without a permit from the Bureau of Parks and Recreation,

4. Public or private school grounds during the hours of regular school classes or sessions,

5. Vendor already parked or stopped, or any commercial establishment, while open, if the other vendor or establishment offers similar merchandise; unless specifically authorized by ordinance, permit, or other valid City approval. Possession of a valid City business license does not constitute “other valid City approval” within the meaning of this Section. See also: 14.20.060, 14.20.070, 14.20.080, 16.60.100 (F), 16.70.550, 17.25, 17.26.

A. It is unlawful for any person to deposit upon a street, sidewalk, or public place any leaves, dirt, or waste material, or to deposit on any street, sidewalk, or public place glass, nails, or any other object that may cause injury to persons or property damage.

B. It is unlawful for any person directly or indirectly responsible for broken glass being upon a street or sidewalk to fail or neglect to remove that broken glass immediately.

If any earth, debris, or other material caves into or falls upon any street or sidewalk from abutting real property, it is unlawful for the owner or occupant of that property not to remove it immediately. Such earth, debris, or other material is a public nuisance and, if it obstructs vehicular or pedestrian travel, it may be summarily removed from the street or sidewalk by the City. The cost of such removal shall be assessed to the property from which the earth, debris, or other material caved in or fell, under the procedure in Chapter 14.16.

A. No person with the intent to interfere with free passage shall block or attempt to block or interfere with any person(s) along the public sidewalks by any means, including but not limited to standing on that part of the sidewalk used for pedestrian travel or by placing any object or vehicle in such area.

B. No person with the intent to interfere with the free ingress to or egress from shall block or attempt to interfere with or block pedestrian or vehicular entrances to public or private property abutting the public sidewalk.

C. Violation of this Section subjects a person to a maximum penalty of a $250 fine only.

1. In lieu of the penalty provided for above, a judge may sentence a person found in violation of this Section to community service for such period as is provided for misdemeanors pursuant to ORS 137.126 to ORS 137.129.

A. It is unlawful for any person to scatter notices or advertisements on any street right-of-way or to post a notice or advertisement anywhere on a street right-of-way or upon the exterior of a public building.

B. It is unlawful for any person whose name appears upon, or who is responsible for posting, any notice or advertisement posted in violation of this Section to permit the notice or advertisement to remain posted after having received a request to remove it.

C. Any notice or advertisement found in violation of this Section may be removed by a peace officer.

A. It is unlawful for any person to place, or cause to be placed any booth, stand, platform, table, vending cart, or similar thing upon any street, sidewalk, or public place, except as provided in this Section.

B. For the purpose of aiding or furthering a matter of recognized civic or community interest, a person may apply to the Commissioner of Public Works for authority to place a booth, stand, platform, table, or similar thing upon a street, sidewalk, or public place. The person may, within 10 days, appeal to the Council from a ruling of the Commissioner denying the application.

C. This Section does not apply to a newsstand for which a permit has been issued.

D. This Section does not apply to vending carts for which a permit has been issued.

A. A person desiring a permit for a newsstand shall apply to the City Engineer, giving his name, address, and the location he desires. Such application shall be accompanied by the written consent of the occupant of the adjoining property. A permit may be granted if the City Engineer finds that maintenance of the stand at the designated location will not be detrimental to the public welfare, will not obstruct the sidewalk and is not objectionable to the occupant of the adjoining property. The permit shall be displayed on the demand of any police officer. The City Engineer has authority to fix or change the position on the sidewalk of any newsstand.

B. The City Engineer may revoke a newsstand permit and cause the newsstand to be removed from the sidewalk area for any violation of this Code or whenever the public interest requires removal. Any person aggrieved by the action or ruling of the City Engineer may, within 10 days, appeal to the Council.

C. A newsstand permit is not assignable. Not more than one permit shall be granted to any one person.

D. (Added by Ord. No. 144772; passed Nov. 23, 1977, effective Dec. 4, 1979.) After the effective date of this Ordinance, no newsstand permit shall be issued for any location within the boundary of any mass transit avenue. Existing permits within mass transit avenues shall remain valid subject to compliance with the terms of this Code.

The City Engineer shall specify the design, materials, and color for each newsstand and designate its exact location. The holder of the newsstand permit may maintain the newsstand only according to those specifications, in good condition, and at the designated location. No advertising shall be displayed on the newsstand. No commodity except newspapers shall be sold from a newsstand.

It is unlawful to transport any garbage or any other solid waste through streets in the district bounded by SW Oak Street, SW First Avenue, SW Yamhill Street and SW Tenth Avenue, except between the hours of 10 p.m. and 10 a.m. or when otherwise authorized by the City Engineer, City police officer, or Nuisance Inspector.

It is unlawful for any person to transport by vehicle any material without protection to prevent it from being spilled, deposited, or scattered upon a street or in the air.

It is unlawful for any person owning or having control of any premises abutting a street or sidewalk and below the grade thereof to fail to erect a suitable barricade upon the inner line of the street or sidewalk within 5 days after notice from the Department of Public Works.

It is unlawful for any person, whether acting as principal, employee or agent, who creates a dangerous condition on any portion of a street or sidewalk to fail to erect and maintain around the dangerous condition a clearly visible barricade. It is unlawful for any person to remove such a barricade while the danger continues.

It is unlawful for any person to remove, mutilate, or destroy any official sign or notice posted by public authority, wherever located, without first obtaining official written permission.

(Amended by Ord. No. 157125; Mar. 7, 1985.) It is unlawful for the owner or occupant of property abutting a sidewalk to fail to remove snow accumulated upon that sidewalk, the entire length of the property for a space not less than 3 feet in width, within the first 4 daylight hours after the accumulation occurs.

The owner(s) and/or occupant(s) of land adjacent to any street in the City shall be responsible for snow removal from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations. Said property owner(s) and/or occupant(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from failure to remove such snow accumulations. Said property owner(s) and/or occupant(s) shall be liable to the City of Portland for any amounts which may be paid or incurred by reason of claims, judgment or settlement, and for all reasonable investigation costs and attorney fees, by reason of said property owner’s or occupant’s failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to remove snow accumulations from such sidewalks.

(Amended by Ord. No. 157125; Mar. 7, 1985.) When any portion of a sidewalk is covered with ice, it is unlawful for the owner or occupant of the property abutting that sidewalk to fail to make the sidewalk safe for pedestrians by removing the ice or covering it with rock salt or other suitable substance within the first 3 daylight hours after formation of the ice.

The owner(s) and/or occupant(s) of land adjacent to any street in the City shall be responsible for ice removal from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations. Said property owner(s) and/or occupant(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from failure to remove such ice accumulations. Said property owner(s) and/or occupant(s) shall be liable to the City of Portland for any amounts which may be paid or incurred by reason of claims, judgment or settlement, and for all reasonable investigation costs and attorney fees, by reason of said property owner’s or occupant’s failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to remove ice accumulations from such sidewalks.

14.20.180 Destruction and Vandalism of Public Property on Downtown Transit Mall.

(Added by Ord. No. 145835; passed and effective June 1, 1978.) It is unlawful for any person to remove, destroy, break, injure, mutilate, or deface in any way any structure, fountain, wall, fence, railing, bench, tree, shrub, plant, flower, or other public property on the street, sidewalk, or public areas of the downtown transit mall. For purposes of this Section, the “downtown transit mall” shall be considered to be SW Fifth Avenue and SW Sixth Avenue between the center lines of SW Madison Street and West Burnside Street.

14.20.190 Authority of Tri-Met to Prohibit Misuse of Transit Shelters on City Sidewalks.

A. Tri-Met may make and enforce such ordinances and regulations as it deems necessary regarding misuse of transit shelters for the purpose of exclusion and criminal trespass.

B. As used in this Section, a transit shelter is defined as the area within the drip line of any transit shelter within the limits of the City of Portland, except the Pioneer Square North and South stations and the Skidmore Fountain station.

A. It is unlawful for any person to represent himself to be a peace officer, either by words, conduct, or appearance.

B. It is unlawful for any person to carry or display the badge, identification or other credential of a peace officer, or any imitation or copy thereof, or to use the word “police” or the seal of the City on any metal badge.

C. It is unlawful for any person to wear the official uniform of a peace officer or any distinctive part of the official uniform.

D. It is unlawful for any person to own or operate a motor vehicle marked or identified by the word “police” or any other marking or insignia identifying it as a police vehicle.

E. This Section does not apply to peace officers, as defined by ORS 161.015(4), performing official duties.

It is unlawful for any person on any street or from any doorway, window, or other place visible from an adjacent street, by gesture, pose, or word to solicit person on the street to enter any place for the purpose of engaging in an unlicensed business.

(Amended by Ord. No. 143861, 144564, and 154529; passed and effective May 5, 1983.)

A. It is unlawful for any person to drink alcoholic liquor upon any street, sidewalk, or other public right of way.

B. It is unlawful for any person to have in his possession while upon any street, sidewalk, or other public right-of-way any bottle, can, or other receptacle containing any alcoholic liquor which has been opened or a seal broken or the contents of which have been partially removed.

C. (Added by Ord. No. 158366 Apr. 2, 1986.) This Section does not apply to prohibit the consumption of alcoholic liquor in sidewalk cafes which have been issued permits under Chapter 17.25 of this Code.

A. No person shall cause or attempt to cause another person reasonably to apprehend that they will be subjected to any offensive physical contact either to their person or to personal property in their immediate possession.

B. Violation of this Section is subject to a maximum $500 fine and/or 10 days in jail.

A. As used in this Section, “prostitution” means engaging in, offering to engage in, or agreeing to engage in an act of sexual conduct or sexual contact, as those terms are defined in Section 14.36.065, with a person not married to the actor, in return for the payment of a fee.

B. It is unlawful for any person to loiter in or near any street or public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that the person repeatedly beckons to, stops or attempts to stop, or engages in conversation, male passersby, or repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them.

A. As used in this Section, “prostitution” means that unlawful conduct defined in Section 14.36.065 of this Code. As used in this Section, “prostitution procurement activity” means any conduct by any person that constitutes a substantial step in furtherance of an act of prostitution. Such activity includes, but is not limited to, lingering in or near any street or public place, repeatedly circling an area in a motor vehicle, or repeatedly beckoning to, contacting, or attempting to stop pedestrians or motor vehicle operators.

B. It is unlawful for any person to engage in any prostitution procurement activity with an intent to induce, entice, solicit, procure, locate, or contact another person to commit an act of prostitution.

It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex.

Whenever he has cause to believe a disaster or civil disorder exists or will occur that warrants the exercise of emergency control in the public interest, the Mayor has authority to designate, by public declaration, any area within the City or under police jurisdiction of the City as an emergency area. He may fix the duration of time during which the designated area shall remain an emergency area. He may include in his declaration hours of curfew for that area, during which all persons other than authorized official personnel shall be prohibited from being on the streets, in parks, or other public places. Declaration of an emergency area under this Section, and the exercise of control by the Bureau of Police under Section 14.24.100 of this Code, is deemed an exercise of the police power.

Whenever an area has been designated as an emergency area by declaration under Section 14.24.070, within the boundaries of that area, the Bureau of Police has authority to regulate or prohibit pedestrian and vehicular movement to and from the area, to limit or prohibit the movement of persons within the area, to move or remove any property within the area or to evacuate persons therefrom whenever and to the extent that the Chief of Police finds human lives or property are endangered, and to enter into or upon private property or direct such entry to prevent or minimize danger to lives or property. The Bureau of Police has authority to barricade streets and to prohibit travel or regulate the same upon any street or highway leading to a designated emergency area for such distance as the Chief of Police deems necessary under the circumstances.

It is unlawful for any person to violate a curfew established by declaration under Section 14.24.070 of this Code.

A. At an assembly of three or more persons, when there is reasonable cause to believe that a disturbance of the peace or danger to public safety is imminent if the assembly continues, a peace officer may order persons present at the assembly to abandon any weapons or to disperse, if he finds that two or more persons present:

1. Are threatening bodily harm to another or damage to property, with immediate power to carry out that threat, or

2. Have committed an unlawful act of violence during the course of the assembly.

B. It is unlawful for any person present at the scene of an assembly of three or more persons to disobey an order of a peace officer authorized by this Section.

It is unlawful for any person to construct or maintain a fence containing barbed wire, unless the barbed wire is placed not less than 6 inches above the top of the fence and the fence is not less than 4 feet high.

A. It is unlawful for any person to look through a window, transom, or door into the dwelling of another with the intent to interfere with the privacy of an occupant.

B. As used in this Section, “dwelling” includes a building or part of a building in which a person temporarily lodges.

It is unlawful for any person to take, or by false representation to obtain, the property of another, having a value of under $200, with intent to permanently deprive of possession the owner or the person lawfully entitled to possession.

It is unlawful for any person to throw, dump, or deposit any material or substance in a reservoir maintained by the Bureau of Water Works.

(Added by Ord. No. 139931; passed May 22, effective June 23, 1975.) It is unlawful to make any excessive or unusually loud sound which disturbs the peace and quiet of any neighborhood or which does injure or endanger the comfort, repose, health, peace, or safety of any person.

(Added by Ord. No. 139931; amended by Ord. No. 142956, 161404; and 166951, Sept. 15, 1993.) It is unlawful to operate or permit the use or operation of any device designed for sound production or reproduction, including, but not limited to, any radio, television set, musical instrument, phonograph, loud speaker, bell or chime, in such a manner as to cause a noise disturbance as defined in Section 18.04.040 (17) or to operate or permit the operation of any such device between the hours of 10 p.m. and 7 a.m., so as to be plainly audible within any dwelling unit which is not the source of the sound; or to operate any such device on public property or on a public right-of-way so as to be plainly audible 50 feet or more from such device provided that a person operating any such device in a City park pursuant to a permit granted by the Commissioner In Charge of the Park Bureau shall be in violation only if the device is plainly audible at any point along the park boundary. Violation of this Section shall be punishable by a fine of up to $500.

A. Whenever a threat to the public health or safety is created by any fire, explosion, accident, cave-in, or similar emergency, catastrophe, or disaster, or by disturbance, riot, presence of an armed person, hostage being held, or other disturbance, an officer, of the rank of sergeant or above, of the Bureau of Police may restrict or deny access to persons to the area where such threat exists, for the duration of such threat, when the presence of such persons in such area would constitute a danger to themselves or when such officer reasonably believes that the presence of such persons would substantially interfere with the performance of the police or other emergency services.

B. Whenever it appears to be reasonably necessary to investigate, or to preserve or collect evidence of, criminal acts, an officer of the Bureau of Police may restrict or deny access to any room, building, or enclosure, or any open area, by cordoning off such area by the use of persons, vehicles, ropes, markers or any other means.

C. As used in this Section, “restrict or deny access” means that the officers of the Bureau of Police have the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom, until the reason for such restriction or denial of access no longer exists.

D. It is unlawful for any person to enter or to refuse to leave any area closed or restricted in access pursuant to Subsections (a) or (b) above, unless such person has specific statutory authority, or the permission of the on-scene ranking officer of the Bureau of Police, to be within such area.

E. In accordance with the authority granted by this Section, and in consideration of the law enforcement and emergency services needs involved, provision shall be made for reasonable access to such areas by members of the media for the purpose of news gathering and reporting.

It is unlawful for any minor under the age of 18 years to be in or upon any street, park or other public place between the hours specified in this Section, unless such minor is accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by the law to have care and custody of the minor, or unless such minor is then engaged in a school activity or lawful employment that makes it necessary to be in or upon such street, park, or other public place during the hours specified in this Section. For minors under the age of 14 years who have not begun high school, the curfew is between 9:15 p.m. and 6 a.m. of the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the City, the curfew is between 10:15 p.m. and 6 a.m. of the following morning. For children 14 years of age or older who have begun high school, the curfew is between 10:15 p.m. and 6 a.m. of the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the City, the curfew is between 12 midnight and 6 a.m. of the following morning.

It is unlawful for the parent, guardian, or person having the care and custody of a minor under the age of 18 years to allow that minor to be in or upon any street, park, or other public place between the hours specified in Section 14.28.010, except as otherwise provided in this Section.

A. For purposes of this section, "regular school hours" are the hours of the full-time school which the minor would attend in the school district in which the minor resides, on any day for which school is in session, or, if such school in the school district of residence is unknown, "regular school hours" are the school hours of the Portland School District No. 1J on any day for which school is in session.

B. A minor who is at least seven (7) years of age and under eighteen (18) years of age and who has not completed the 12^th grade may not be upon any street, highway, park, alley, or other public property during regular school hours except while attending school as required by ORS 339.010 to 339.065, unless such minor is:

1. absent from the school with the school's permission, but not including students who have been suspended or expelled; or

2. engaged in a lawful pursuit or activity that requires the minor's presence somewhere other than school during regular school hours which is authorized by the parent, guardian, or other person having legal care and custody of such minor; or

C. If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to stop and detain the minor and make reasonable inquiry regarding a potential violation of subsection B. of this section.

D. If a police officer has probable cause to believe that a minor is in violation of this section, the officer is authorized to take the minor into protective custody pursuant to ORS 419B.150.

It is unlawful for any person to tattoo a minor under the age of 18 years or to assist or permit such tattooing.

It is unlawful for any person having the care and custody of a minor under 6 years of age to leave such minor unattended in a locked vehicle, or to leave such minor unattended in an unlocked vehicle for more than 15 minutes. A minor is unattended within the meaning of this Section if the oldest person with the minor is under the age of 10 years.

It is unlawful for any person knowingly to harbor a runaway child. As used in this Section:

A. “To harbor” means to provide lodging, whether or not for compensation, without first notifying the Bureau of Police; and

B. “Knowingly” means with actual knowledge or under circumstances that would lead a person of common intelligence to believe that the child was a runaway; and

C. “Runaway child” means an unmarried child under 18 years of age who, without consent of the parent or other person having legal custody of that child, leaves and stays away from the home or other dwelling place provided for the child by that person.

(Added by Ord. No. 167353, Feb. 9, 1994.) It is unlawful for any person who owns or is in control of any premises to knowingly allow any person under the age of 21 to consume alcoholic liquor on the premises except as allowed pursuant to ORS 471.430 (1).

A. As used in this Chapter, “firearm” means a pistol, revolver, gun, rifle, or other ordnance, including a miniature weapon, which projects a missile or shot by force of gunpowder or any other explosive, by spring or by compressed air.

B. It is unlawful for any person to carry a firearm, loaded or unloaded, upon one’s person in a park, school, or public building.

C. It is unlawful for any person on a public street or in a public place to carry a firearm upon his person, or in a vehicle under his control or in which he is an occupant, unless all ammunition has been removed from the chamber and from the cylinder, clip, or magazine.

D. It is unlawful for any person to fire or discharge a firearm within the boundaries of the City.

E. The prohibitions in Subsections (b), (c), and (d) of this Section do not apply to a peace officer acting within the scope of his duty; to any government employee authorized or required by his employment or office to carry or use firearms; or to any person having a valid permit issued to him by lawful authority to carry or use firearms.

F. It is unlawful for any person carrying a firearm upon his person, or in a vehicle under his control or in which he is an occupant, to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such.

1. Any person justified in using deadly physical force under the provisions of ORS 161.195 to 161.275.

2. The member or guest of any licensed organization who, for the purpose of shooting practice, discharges a firearm at a target upon an established target range of that organization;

3. A person conducting an athletic contest who fires blank ammunition toward the sky;

5. Persons authorized by permit of the Chief of Police to discharge blank ammunition for a lawful purpose; or

6. Hunter safety instructors of the Oregon State Game Commission or their pupils who are engaged in hunter safety training classes sponsored by the Commission.

4. Any copy of a firearm listed in subsections (1), (2), or (3) by the same or other manufacturers, including but not limited to, commercial manufacturers and private individuals, which is identical or has slight modification or enhancements such as a folding or retractable stock, different sights, case deflector for left-handed shooters, shorter barrel, stock of different composition, larger ammunition capacity, different caliber, or bayonet mount.

5. Any weapon of any description by whatever name known which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.

B. “Assault weapon,” as used in this Chapter does not include any of the following:

2. Any rifle or pistol designed or modified to render it permanently not an automatic or semi-automatic firearm.

3. Any handgun that is a revolver or conventional semi-automatic pistol incapable of receiving a magazine of more than 20 rounds.

4. Any weapons which do not use fixed ammunition, weapons which were in manufacture in or prior to 1898, manually operated bolt action weapons, lever action weapons, slide action weapons other than those specified in Section A, Subsection (3) above, single-shot weapons, multiple-barrel weapons, semi-automatic weapons which use exclusively Mannlicher-style clips, semi-automatic weapons in manufacture prior to 1947, rim-fire weapons that employ a tubular magazine.

C. Annually, the Portland Police Bureau shall review this Section, compare it to the list in the Multnomah County law regulating possession of assault weapons in public places, and recommend to the Portland City Council whether any weapons should be added to or deleted from this Section. The City Council may itself initiate review of the list.

D. “Firearm” is as defined in ORS 166.210 and means a weapon, by whatever name known, which is designed to expel a projectile by the action of smokeless powder and which is readily capable of use as a weapon.

E. “Public place” is as defined in ORS 161.015 (9) and means a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment house and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks playgrounds, and premises used in connection with public passenger transportation.

A. Notwithstanding Section 14.32.010 of this Code or any other provisions of this Code, no person shall possess an assault weapon in a public place. This restriction is subject to the exceptions in paragraphs B 2 and 3 of this Section.

B. The prohibition in paragraph 1 of this Section does not apply when the assault weapon is transported:

1. With all ammunition removed from the chamber and from the cylinder, clip or magazine,

3. Locked in a gun case, and if in a vehicle, in the trunk of the vehicle or, if the vehicle has no trunk, in an area of the vehicle least accessible to the occupants of the vehicle.

C. The prohibition in paragraph A of this Section does not apply to law enforcement personnel, members of the Armed Forces of the United States, or the organized militia or National Guard of this or any other state, to the extent that any such person is authorized to possess a weapon and is acting within the scope of his or her duties.

A. Violation of Section 14.32.014 shall be punishable by a fine up to $500 and forfeiture of the weapon.

B. If, after investigation or adjudication, it is determined the weapon was not possessed, carried or used unlawfully, it shall be released to the owner if the owner files a written claim with the Portland Police Bureau.

C. If there is a question as to ownership or right to possession, the weapon shall be released as ordered by the Court in a proceeding initiated under ORS 133.633 to 133.663 by any person claiming ownership or right to possession.

It is unlawful for any person to manufacture, sell, offer for sale, furnish, carry, or possess a knife with a blade that opens or projects automatically by force of a spring or other device, by centrifugal force or gravity, or by any combination of those forces.

A. As used in this Section, “tear gas” means any chemical or combination of chemicals, whether in liquid, gaseous, or solid form, that is designed to produce temporary discomfort, permanent injury, paralysis, immobilization, tears, nausea, or other illness, or a noxious odor, by being dispersed into the air.

B. It is unlawful for any person, corporation, or association to offer for sale, sell, furnish, transport, carry, possess, or use, within the City limits, any form of container, cartridge, or bomb that contains tear gas, or any weapon designed for using any such form of container, cartridge or bomb. This Subsection does not apply to:

2. Members of the armed forces of the State of Oregon and the United States in the performance of their official duties;

3. Manufacturers, distributors, or commercial sellers when selling tear gas to any governmental agency for official use;

4. Manufacturers, distributors, or commercial sellers when selling tear gas to any person, corporation or association when such sale is not in violation of this Section;

5. Persons involved in the bona fide scientific, educational, or industrial use of tear gas;

6. Persons, who have not been convicted of any felony, and who are 18 years of age or older, who possess or use tear gas, provided that it is contained in a device that is commercially manufactured to dispense tear gas from an aerosol tube as a self-defense weapon, and is designed to contain not more than 2 percent active tear gas ingredient and not less than 12 nor more than 120 grams of charge of tear gas per such aerosol tube.

C. Exemptions numbers (4), (5), and (6) of this Subsection, above, do not apply to devices that project tear gas by means of firing any type of cartridge by powder discharge, spring action, compressed air, or any other means.

D. It is unlawful for any person to use, or attempt or threaten to use, tear gas against any person known to be, or who should reasonably be known to be, a peace officer engaged in the performance of his official duties.

1. “Explosives” means any substance or material that on ignition by heat, impact, friction, or detonation will explode with such force as to injure a person or damage property in the immediate vicinity of the explosion.

2. “Fire bomb” means a breakable container containing a flammable liquid or jelly with a flash point of 150 degrees Fahrenheit or less, that is capable of being ignited by an integral wick or similar device or that is capable of being ignited if the container is broken by impact, but no device commercially manufactured primarily for the purpose of illumination shall be deemed a fire bomb.

B. For the purpose of this Section, the tests for flammable or combustible liquid or jelly or other mixture or substance shall be as follows:

When a strip of incombustible asbestos paper, approximately 1 inch in width, is dipped in or otherwise saturated with a flammable or combustible liquid or jelly or other mixture of substance, and is held approximately ½ inch above the top of a flame of a single ordinary paper book match and, as a result of the heat of the paper match flame, the combustible material on the incombustible asbestos paper strip ignites and burns within 15 seconds of exposure to the paper match flame.

C. It is unlawful for any person, other than a peace officer or member of the armed forces of this State or of the United States, to use, possess, or have under his control an explosive or fire bomb.

D. This Section does not apply to the possession of explosives or fire bombs otherwise authorized by this Code or Oregon law.

For information leading to the arrest and conviction of any person for Section 14.32.040 the City will pay a reward as follows:

B. If the violation resulted in property damage, but not in the injury or death of a person, $500 or 3 times the amount of actual damage caused by the violation, whichever is less.

(Amended by Ord. No. 140208; passed July 10, effective Aug. 1, 1975.) It is unlawful for any person to explode, or cause to be exploded, any gunpowder, dynamite or other explosives for the purpose of blasting out rock, gravel, earth, tree stumps, or other substance without first obtaining a blasting permit from the City Engineer and paying the fee as prescribed in Section 17.24.020.

A. Before issuing a blasting permit, the City Engineer shall require the applicant to specify the location where blasting is to be done, the type of blasting material to be used in each charge, the number and location of charges, and the manner in which the material is to be detonated.

B. In the interest of preserving public safety, the City Engineer shall include in the permit conditions on the proposed blasting. It is unlawful for any person to engage, or attempt to engage, in a blasting operation in violation of any condition contained in the permit. The conditions shall include, if applicable:

1. The type, condition and maximum amount of the explosive to be used in any blasting charge;

2. Protective covering to be placed on or around exposed sides of the object or material to be blasted;

3. The detonating apparatus to be used and precautions to be taken in connecting the same;

5. Warnings to be given and precautions to be taken before a charge is detonated;

6. The recovery of unexploded blasting material and the disposition of charges that fail to detonate;

8. The manner of storing explosives and detonating apparatus not in immediate use; and

C. Before a blasting permit is issued, the applicant shall furnish the City Engineer a certificate evidencing insurance in such amounts as the City Engineer may deem necessary to protect the City and any person or property therein from all injury or damage that might result from such blasting and to protect the City, its officers, agents, and employees from all claims for such injury or loss. The certificate shall be in a form approved by the City Attorney and shall not be less than $50,000 for injury to one person, $100,000 for injuries from one accident, and $50,000 for property damage.

D. Nothing contained in this Section shall preclude the City Engineer from refusing to issue a permit if he deems it in the interest of the City or a proper protection of life and property not to do so.

E. Nothing contained in this Section shall waive the requirement of a permit from the fire marshal for moving or storage of any explosives.

The City Engineer may revoke a blasting permit for cause. A failure to comply with the conditions of a blasting permit or any violation of this Code shall be sufficient cause for revocation. Whenever any damage or injury is done to persons or property by blasting, or whenever any carelessness or negligence is shown in the use of explosives by the permittee, or by agents or employees of the permittee, or whenever any blasting under a permit becomes or threatens to become dangerous to persons or property, it shall be sufficient cause for revocation.

Any person who has been denied a blasting permit or whose permit has been revoked by the City Engineer, may appeal such denial or revocation to the City Council. The appeal shall be in writing and shall be filed within 10 days from the date of denial or revocation. The Auditor shall place the appeal on the Council Calendar for the next regular Council meeting.

A. It is unlawful for any person, not authorized by law, to carry any dangerous or deadly weapon in a concealed manner.

B. As used in this Chapter, “dangerous or deadly weapon” includes a firearm, metal knuckles, straight razor, weapon of the type commonly known as nunchaku, black jack, sap, or sap glove, and any type of knife other than an ordinary pocketknife with a blade not longer than three and 3-1/2 inches. When carried with intent to use the same unlawfully against another, “dangerous or deadly weapon” also includes any instrument or device capable of inflicting injury to the person or property of another.

A. It is the duty of the Bureau of Police to seize and take possession of any dangerous or deadly weapon being carried or used unlawfully or for an unlawful purpose. The weapon shall be held subject to disposal as provided in this Section.

B. If the weapon was not possessed, carried or used unlawfully by the owner, it shall be released to him if he files a written claim with the Bureau;

1. Within 90 days after it was seized, if it was not held for use as evidence, or

2. Within 90 days after it was released by directive of the Chief of Police or court order, if it was held for use as evidence. If there is a question as to ownership or right to possession, the weapon shall be released as ordered by the court in proceedings initiated under ORS 133.633 to 133.663 by any person claiming ownership or right to possession.

C. If the name and address of a person entitled to claim possession of a dangerous or deadly weapon under Subsection (b) is known to the Bureau of Police, the Bureau shall give that person notice of the provisions of Subsection (b) when the 90-day claim period begins to toll.

D. If the dangerous or deadly weapon is not claimed under the provisions of Subsection (b) or was possessed, carried or used unlawfully by the owner, it is a nuisance. Subject to a court order to the contrary, the weapon shall be disposed of as provided in Subsection (e) to (g).

E. Subject to approval of the Property Control Officer, if the weapon is a firearm suitable for use by the Bureau of Police, it shall be added to the inventory of the Bureau.

F. (Amended by Ord. No. 155018; passed and effective Aug. 25, 1983.) Subject to Subsection (3) if the weapon is a shotgun or rifle, it shall be delivered to the Property Control Officer, who shall dispose of it in the same manner as surplus property. However, disposal shall be only to persons who have prequalified with the Property Control Officer as being licensed to sell firearms at retail.

G. Any weapon described in Subsection (d) that is not disposed of as ordered by the court, or as provided in Subsection (e) or (f), shall be destroyed by the Property Control Officer.

14.36.070 Resale of Tickets to Events at Municipal Facilities at a Premium Price Prohibited.

A. In any place licensed to sell alcoholic liquor and permitted by State law to allow dancing or have other forms of entertainment, it is unlawful for stage show or floor show entertainer:

1. To come into physical contact with any patron or to circulate among tables, chairs or similar furniture used or intended for use by patrons.

2. To expose his or her genitalia or engage in or simulate any act of sexual intercourse, sodomy, masturbation or sexual stimulation by massage of the genital area of the body, in the course of the show.

3. To appear in the course of the show without covering his or genitalia with an opaque material which does not simulate the organ covered.

a. It is unlawful for the owner, operator or person in charge of a place licensed to sell alcoholic liquor and permitted by State law to allow dancing or have other forms of entertainment knowingly to permit any violation of Subsection (a) of this Section.

A. In any place where food or alcoholic beverage is offered for sale for consumption on the premises, it is unlawful:

1. For any female person to be so costumed or dressed that one or both breasts are wholly or substantially exposed to public view.

2. For any person to appear without covering his or her genitalia with an opaque material that does not simulate the organ covered.

B. It is unlawful for the owner, operator or person in charge of any place where food or alcoholic beverage is offered for sale or consumption on the premises knowingly to permit any violation of Subsection (a) of this Section.

It is unlawful for any person, for a consideration, to conduct or engage in the operation of a matrimonial agency, marriage brokerage business or escort service.

A. Purpose: The purpose of this Section is to require that towing from private parking facilities be performed in a safe, fair and efficient manner. Because towing from private parking facilities affects city residents and visitors, regulation is necessary to ensure that the public safety is protected and the public convenience promoted.

B. Definitions: For the purposes of this Section, certain terms, phrases, words, abbreviations and their derivations shall be construed as specified in this Section. Words used in the singular include the plural and the plural the singular. Terms, phrases, words, abbreviations and their derivatives used, but not specifically defined in this Section, either shall have the meanings defined in the State of Oregon Motor Vehicle Code, or if not therein defined, shall have the meanings commonly accepted in the community.

2. “Dispatching facilities” means the facilities used for maintaining radio contact with tow vehicles.

3. “Oversized tow vehicle” means a tow truck equipped to perform towing of automobiles, motorcycles, or other vehicles, and which has a maximum gross vehicle weight of over 10,000 lbs.

4. “Private parking facility owner” means the owner, lessee, or person in lawful possession of private parking facility, or any designated agent.

5. “Private parking facility” means any property used for motor vehicle parking at which the property owner or manager restricts or reserves motor vehicle parking. Private parking facility does not include:

a. Property owned or operated by any governmental agency or special district; or,

b. Property used primarily for residences, including houses and apartment houses; or,

c. Pay and park facilities duly registered under Portland City Code Section 14.36.045.

6. “Storage facilities” means the area used by towing firms for storing towed vehicles.

8. “Tow vehicle” means a tow truck equipped to perform towing of automobiles, motorcycles, or other motor vehicles, and which has a minimum of one-ton manufacturer’s designation or three-quarter ton four-wheel drive and a maximum of 10,000 lbs. gross vehicle weight.

9. “Towing” means to draw or pull along a vehicle by means of another vehicle equipped with booms, car carriers, winches or similar equipment without the prior consent of the vehicle owner.

10. “Towing firm” means any entity whose business includes the towing of motor vehicles from private parking facilities or the subsequent storage of such vehicles.

11. “Vehicle owner” means the owner or other person authorized to operate the vehicle.

C. Authorization and enforcement. The Director is authorized and directed to enforce all provisions of this Section. The Director shall have the power to investigate any and all complaints regarding alleged violations of this Section. The Director may delegate all authority granted under this Section to any Bureau of Licenses officer, employee or agent.

1. Regulations. The Director shall have the power to adopt and to enforce regulations interpreting and applying this Section. All such regulations must be in writing. Prior to any regulation becoming effective, the Director shall give notice to all interested parties of the terms of the proposed regulation, and shall conduct a public hearing on the proposed regulation to consider public comment. Public notice shall be given when regulations have been finally adopted. It is a violation of this Section to violate regulations adopted by the Director.

2. Public hearing. The Director shall conduct all public hearings held pursuant to this Section. The Director shall have the power to establish and limit the matters to be considered at the hearing, to prescribe procedures for the conduct of the hearings, to take evidence, and to preserve order. Notice of all hearings shall be given to the public and all registrants. The Director shall make written findings of fact and conclusions of law to support all decisions.

1. Initial registration. No towing firm shall tow or store vehicles parked on private parking facilities unless the tow firm has registered with the Director and complied with all applicable provisions of this Section.

2. Applications. The towing firm shall submit to the Director an application form containing:

a. The name, address and telephone number of the towing firm, including any and all dispatching and storage facilities; and

b. A list of all towing, storage and other charges applicable to the towing and subsequent storage of vehicles towed from private parking facilities, in a form approved by the Bureau Director; and

3. Reporting changes: Changes in information contained on the towing firm’s application or changes in rates or charges must be filed with the Bureau Director prior to implementation of such changes.

4. Inspection. The Director shall cause the towing firm’s towing equipment, dispatching and storage facilities to be inspected within 10 calendar days of application. If it is determined that the towing equipment, dispatching and storage facilities comply with the requirements of this Section, the Director shall issue a registration for such towing firm. If it is determined that the towing equipment, dispatching or storage facilities do not comply with the requirements of this Section, the application shall be denied and returned to the applicant together with a statement of the requirements with which the towing equipment, dispatching or storage facilities fail to comply. If an application is denied, the applicant may resubmit the application any time after the deficiencies noted in the original denial have been corrected.

5. Registration/expiration dates. Towing firm permits shall be valid for no more than 1 year, and all such permits shall expire on June 30 of each year.

6. Registration renewal. Upon or before expiration of registration, the owner or manager of towing firm may submit to the Director a renewal form containing such information as the Director may require.

7. Non-assignability. A registration issued or renewed pursuant to the provisions of this Section shall not be assignable.

E. Towing equipment, dispatching and storage facilities. Towing firms registered under this Section shall maintain towing equipment, dispatching and storage facilities as follows:

1. Towing equipment. All tow vehicles shall be equipped with all of the following:

a. Permanently identified on each side of the vehicle with towing firm’s name, city, state, and vehicle identification number clearly marked.

b. A four-way emergency flashing system and at least one flashing amber light (or other color permitted by state law) at least five (5) inches in diameter, mounted high on the tow vehicle.

c. A light mounted behind the cab of the tow vehicle which is capable of illuminating the area of the tow under dark or foggy conditions.

d. Portable auxiliary brake lights, turn signal, and taillight for use on towed vehicles.

e. A fire extinguisher with an Underwriter’s Laboratory rating of at least 5B:C.

g. Tires, adequate in size and rating for the size and weight of the tow vehicle, with not less than 3/32 inch of tread and mounted on rims secured with not less than six (6) lug bolts or in accordance with factory specifications.

h. A dolly or other device for towing vehicles where the use of such device is necessary to avoid damage to the motor vehicle.

i. Two-way radio equipment capable of communicating with towing firm’s dispatcher.

2. Dispatching facilities. A towing firm shall have dispatching facilities with radio equipment capable of communicating with the towing firm’s tow vehicle(s) at all times. Dispatching facilities shall be equipped with at least one telephone. A tow firm’s dispatching facility may be located in two or more different locations, or may be contracted to another firm, provided:

a. Each location is equipped with required communication facilities or equipment;

c. The contracted or secondary dispatcher can reach the towing firm’s primary dispatcher or other towing firm official at all hours.

3. Storage facilities. All towing firm storage facilities used for storing vehicles towed from private parking facilities shall be equipped as follows:

a. The storage facility must be secure and protected and located within a secure fence at least seven (7) feet high. All gates, doors and other openings into the storage facility shall be equipped with locks and secured against unauthorized entry during the times the towing firm’s personnel are not present; and

b. The towing firm’s name, telephone number, address and regular business hours shall be posted, in a location clearly visible from the public right-of-way, on a sign in letters not less than one inch high; and

c. Towing and storage rates for private property impound towing shall be posted in a conspicuous place and manner, and shall be identical to the rates filed with the Bureau Director;

F. Towing regulations. It shall be unlawful to tow a vehicle from a private parking facility:

1. Unless the private parking facility meets the following signage requirements:

b. At least one sign required under this Section is readily visible from each entrance at all hours which towing is permitted.

c. Posted sign(s) must be maintained so as to remain unobstructed by any tree, shrub, bush or other obstacle; or,

2. Except upon the express written authorization issued to the towing firm by the private parking facility owner. Such authorization shall include the make, model, and license plate number of the vehicle, and the reason for the tow. The legibly printed name and signature of the private parking facility owner must be affixed prior to or at the time of towing; or,

4. Unless the vehicle shall be towed directly to the tow firm’s storage facility. The vehicle shall not be stored in any temporary holding or public area.

G. Towing and storage rates. Towing firms shall not charge rates for towing or storing motor vehicles from private parking facilities which exceed those on file with the Bureau Director.

1. Perform all tows in a safe manner, taking care to not cause damage to the person or property of others while towing or storing a vehicle;

2. Be considered in possession of any vehicle towed under this Section at the time the tow truck has begun towing the motor vehicle by engaging the tow truck’s clutch or putting the tow truck’s automatic transmission in gear;

3. Offer to arrange transportation for vehicle owners from within the immediate vicinity of the place from which the vehicle was towed to the storage facility;

4. Staff the storage facility with an attendant between 8:00 AM and 6:00 PM, Monday through Friday, excluding holidays; and, at all other hours, have personnel available to release a vehicle within 30 minutes after receiving a request for vehicle release;

5. Issue upon request a clearly legible receipt, in addition to the standard tow bill, to any vehicle owner who asks for a listing of all considerations which comprise the total amount of the bill;

6. Not require any vehicle owner or agent to make any statement or sign any document relieving the towing firm from responsibility for the condition of the vehicle or its contents prior to the owner’s or agent’s inspection of the vehicle or its contents;

7. Keep on file in the office of the towing firm a record of all written warnings, requests for vehicle towing, and any other transactions relating to the impounding of vehicles from private parking facilities. Such records shall include consecutively numbered receipts for all transactions and shall be available for inspection by the Bureau Director during normal business hours;

8. Practice courtesy and professionalism in dealing with anyone reclaiming a vehicle towed from a private parking facility; and,

a. By cash. Adequate cash must be available at all times at the storage facility in order to make proper change; or

b. By check, if presented with a valid driver’s license of the person reclaiming the vehicle and an acceptable check guaranty card; or

I. Violations. Failure to comply with any of the requirements of this Section may be punished by any of the following:

1. Suspension or revocation. The Director may suspend or revoke a registration if investigation reveals any substantial violation of the requirements of this Section. A substantial violation is a violation having an impact on the public that informal compliance methods have failed to resolve. Suspension of registration may be for a period of up to 14 calendar days. The suspension shall be effective from the towing firm’s receipt of written notice of suspension. If the violation is not corrected within the 14 calendar day period, the Director may revoke the registration. The revocation shall be immediately effective upon the receipt of written notice by the towing firm.

2. Civil penalty. If investigation reveals any substantial violation of the requirements imposed by this Section, the Director may impose a civil penalty of up to $500.00 for each such violation.

3. Public nuisance. Any parking facility, towing equipment or tow firm storage facility maintained in violation of this Section is hereby declared to be a public nuisance. The Director may request that the City Attorney bring an action or suit to abate such nuisance in any court with jurisdiction to hear such action or suit.

4. Civil remedies. Nothing within this Section is intended to prevent any person from pursuing civil remedies.

J. Appeals. Any towing firm whose application for initial registration or renewal of registration has been denied, or whose registration has been revoked or suspended, or who has been directed to pay a civil penalty by the Director, may appeal such action of the Director to the Code Hearings Officer of the City of Portland, as set out in Chapter 22.10 of this Code.

K. Insurance required. Towing firms registering under this Section shall agree to hold the City of Portland, its officers, and employees free and harmless and shall agree to indemnify the City for any claims for damage to property or injury to person which may be occasioned by any work and/or services furnished or carried on under the terms of registration, and shall maintain such public liability and property damage insurance as will protect registrant from all claims for damage to property or person injury, including death, which may arise from operations pursuant to registration. Such insurance shall include a single limit liability policy with coverage of not less than $500,000. Registrant shall also maintain fire and theft insurance (garage keepers insurance) to protect stored vehicles in a minimum amount of $60,000 and maintain cargo insurance in the minimum amount of $15,000. In no case shall the policy deductible exceed $1,000 per event. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the term of the registration. The insurance shall be without prejudice to coverage otherwise existing. The insurance shall name as additional insured the City and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing shall operate to increase the insurer’s liability as set forth elsewhere in the policy beyond the amount or amounts which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without thirty days written notice first being given to the City Auditor. The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate revocation of the registration by the Director.

(Substituted by Ordinance No. 166078; amended by Ordinance Nos. 169364, 170653, and 173413, effective June 25, 1999.)

A. Purpose. The purpose of this Section is to encourage the payment of parking fees at pay and park lots while protecting fairness and convenience for the parking public.

B. Definitions. Except where the context requires otherwise, the following words and phrases shall have the definitions given in this Section:

2. “Operator” means the person having the right to charge and collect parking fees at pay and park facilities.

3. “Parking customer” means the owner, operator, or other person in control of any vehicle parking at a registered pay and park facility.

4. “Pay and park facility” means any facility open for parking or storage of motor vehicles by the general public, at which the fee for parking is payable by meter, coin box, or other similar device, or by use of a payment device at any time during hours of operation and payment of parking fees is enforced by issuance of surcharge notices or impoundment of vehicles. Pay and park facility does not include parking lots used exclusively for residents of an apartment building or their guests, employees of a business, customers of any commercial establishment, any facility operated by a municipal corporation, or any facility owned or operated by a port district.

5. “Payment device” means any mechanical or electrical device capable of accepting or receiving parking fee payments by cash or credit card and issuing sequentially numbered receipts or tickets.

1. Enforcement. The Director is authorized to enforce all provisions of this Section.

a. Investigation. The Director shall have the power to investigate any and all complaints regarding alleged violations of this Section.

b. Inspection. The Director may inspect any records required by this Section to be maintained by any operator. Such records shall be made available for inspection during normal business hours after reasonable notice by the Director.

c. Delegation. The Director may delegate the authority provided under this Section to any Bureau of Licenses officer or employee.

2. Procedures and forms. The Director may adopt procedures and forms to implement the provisions of this Section.

3. Adoption of rules. The Director may adopt rules pertaining to matters within the scope of this Section.

a. Prior to the adoption of any rule by the Director pursuant to this Section, a public hearing shall be conducted. The Director shall give reasonable public notice of his or her proposal to adopt rules not less than ten nor more than thirty days before such public hearing. Such notice shall include the place, time, and purpose of the public hearing, a brief description of the proposed rules, and the location at which copies of the full text of the proposed rules may be obtained.

b. During the public hearing, the Director shall hear statements or receive written comment concerning the proposed rules. The Director shall either adopt the proposed rule, modify, or reject it, taking into consideration the comments received during the public hearing. If a substantial modification is made, additional public review shall be conducted, but no additional public notice shall be required if an announcement is made at the hearing of a future hearing for a date, time and place certain at which the modification will be discussed. Unless otherwise stated, all rules shall be effective upon adoption by the Director. All rules adopted by the Director shall be filed in the Bureau’s office. Copies of all current rules shall be made available to the public upon request.

c. Notwithstanding subparagraphs a. and b. of this paragraph, the Director may adopt an interim rule without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this subparagraph shall be effective for a period of not longer than 180 days.

1. No person shall collect any fee or charge for parking at any pay and park facility unless such facility has first been registered with the Director and is in compliance with the provisions of this Section.

2. The operator of any pay and park facility shall submit to the Director an application form containing the name, address and telephone number of the applicant, the address and description of the facility, and such other information relating to the purposes of this Section as the Director may require, and the nonrefundable fee prescribed by this Section.

3. The nonrefundable registration fee shall be $100 for each pay and park facility.

4. The Director shall inspect the pay and park facility for which an application has been made. If the Director determines that the facility complies with all of the requirements of this Section, the Director shall issue a registration to the operator for such facility. If it is determined that the facility does not comply with the requirements of this Section, the application shall be denied and returned to the applicant together with a statement of the requirements with which the facility fails to comply. If an application is denied, the applicant may resubmit the application without payment of additional fees at any time within 60 days if the deficiencies noted in the original denial have been corrected. Only one such reapplication without payment of fees may be made with respect to each facility. If upon such reapplication, the registration is again denied, the applicant must file a new application accompanied by the required fee.

5. The registration shall be dated as of the first day of the month in which the registration is issued, and shall expire one year from that date.

6. Upon expiration of facility registration, the registered operator of any pay and park facility may submit to the Director a renewal form containing the name, address and telephone number of the applicant, the address and description of the facility and such other information relating to the purposes of this Section as the Director may require. A renewal shall be issued if the Director finds that the facility complies with the requirements of this Section. The nonrefundable fee for renewal of a registration shall be $100 for each pay and park facility.

E. Payment device. Payment devices shall be placed and maintained at pay and park facilities in locations convenient and accessible to all parking customers.

F. Signage requirements. The operator of a pay and park facility shall post and maintain:

1. At each entrance to the facility, a sign with the words “PAY TO PARK, ALL HOURS” or when the pay and park facility has posted operating hours other than 24 hours a sign with the words “PAY TO PARK POSTED HOURS” in letters not less than 7 inches high and 4 inches wide. The signs shall be reflectorized. The center of such signs shall be no lower than 42 inches from the ground. The signs shall be visible and unobstructed by any tree, shrub, bush or any other obstacle. The signs shall be no more than 10 feet from the entrance and shall be located within 2 feet of the property line of the facility; and,

2. When a “PAY TO PARK POSTED HOURS” sign has been placed on the facility in accordance with PCC 14.36.045 F. 1. of this section, a sign or signs at each entrance of the parking facility indicating the exact hours that the parking facility will be operated as a pay and park facility, in letters not less than 3 inches high and 2 inches wide. The signs shall be reflectorized. The center of such signs shall be no lower than 42 inches from the ground. The signs shall be visible and unobstructed by any tree, shrub, bush or any other obstacle. The signs shall be no more than 10 feet from the entrance and shall be located within 2 feet of the property line of the facility; and,

3. A sign or signs visible from every vehicle entrance of the facility with the words “PAY HERE” in letters not less than 10 inches high and 4 inches wide indicating the location of the payment device. The signs shall be reflectorized and, during hours of operation, shall be sufficiently illuminated before dawn and after dusk so that they are readily visible to a person of normal vision from every vehicle entrance; and

a. A complete list of all applicable charges for parking or storage and posted hours when a “PAY TO PARK POSTED HOURS” sign has been placed on the facility in accordance with PCC 14.36.045 F.1. of this section;

b. That proof of payment must be placed in the vehicle so that it is clearly displayed and visible through the windshield; and

c. If vehicles are subject to being towed away or impounded, or are subject to parking fee surcharges, the sign shall so state and shall include the phone number to be called for the release of vehicles. It shall be unlawful to tow away or impound any vehicle for nonpayment of parking charges unless such sign or signs is posted and maintained.

d. The signs under this Subsection shall be in letters not less than 2 inches high and 2 inches wide. The signs shall be reflectorized and, during hours of operation before dawn and after dusk, shall be sufficiently illuminated so that they are readily visible to a person of normal vision.

G. Surcharge for nonpayment of parking fees. The parking customer shall pay the required parking fees upon parking the vehicle. The parking customer shall place the proof of payment in the vehicle so that it is clearly displayed and visible through the windshield.

1. The registered operator of any pay and park facility may assess and collect a parking fee surcharge under this Section only if:

2. The registered operator of a pay and park facility may assess and collect a parking fee surcharge from any parking customer found to have parked without paying the required parking fees upon parking the vehicle and without placing the proof of payment in the vehicle so that it is clearly displayed and visible through the windshield.

1. Whenever the registered operator finds a vehicle parked at a registered pay and park facility without paying the required parking fees upon parking the vehicle and without placing the proof of payment in the vehicle so that it is clearly displayed and visible through the windshield, the registered operator may affix a notice of demand for payment of a parking fee surcharge to the vehicle.

2. The notice of demand for payment of the parking fee surcharge shall be in a form approved by the Director. The notice shall be processed as follows:

c. a record of the notice shall be forwarded to the Director the following work day.

3. A copy of the notice of demand for payment of the parking fee surcharge shall accompany the initial application and subsequent renewal applications. The surcharge notice and any subsequent demands for payment shall include the name, address and telephone number of the pay and park operator as described in the registration application, a description of the vehicle, the time and date the notice was issued, the location of the facility, the amount of the parking fee surcharge demanded, appropriate instructions of the manner and method of paying the same, and a statement that the vehicle owner may submit a written complaint to the Bureau of Licenses if attempts to resolve the complaint with the pay and park operator have been unsuccessful. The surcharge notice form shall not represent to be a document issued by any government agency or government official, or otherwise simulate legal or judicial process. The surcharge notice form shall be subject to the review and approval of the City Attorney’s Office.

4. Within 15 days of issuing the initial notice of demand for payment, the registered operator shall mail a second notice advising the registered owner(s) and any other persons who reasonably appear to have any interest in the vehicle stating the amount of the surcharge, the method of payment, and the schedule of surcharge increases. The notice shall also provide space to inform the registered operator that the person to whom the notice was sent is not the current registered owner of the vehicle, and a statement that the vehicle owner may submit a written complaint to the Bureau of Licenses if attempts to resolve any disputes regarding the parking fee surcharge with the registered operator have been unsuccessful. If one or more of the following occur, the registered operator will have an additional 15 days to mail the second notice:

5. The registered operator may add a one time administrative fee to the amount of the surcharge to recover costs actually incurred by the registered operator in obtaining the name and address of the registered vehicle owner. The notice to the registered owner, under Subsection 14.36.045 H.4.a., shall indicate whether an administrative fee of up to $3.00 for vehicles registered in Washington or Oregon, or $6.00 for vehicles registered in other states has been added to the surcharge.

6. The designated parking fee surcharge for vehicles parked on pay and park facilities without payment of the required parking fees shall not exceed the following amounts:

I. Unlawful to impound vehicles. It is unlawful for any person to tow away any vehicle parked at any pay and park facility without the permission of the parking customer unless:

1. The vehicle has been parked at the facility without the payment of the required parking fees for a period in excess of 24 hours after the period for which parking fees have been paid; or

2. The vehicle is parked on the facility in such a manner as to clearly impede vehicular ingress or egress to and from designated parking stalls or the facility itself, or is parked in any area which is clearly and conspicuously designated by signs or other traffic control devices as areas in which parking is restricted or forbidden; or

3. The vehicle is parked at any of the registered operator’s registered pay and park facilities, and;

a. Within the previous 1-year period, the vehicle was parked at any of the registered operator’s registered pay and park facilities without payment of parking fees three times or more; and

b. During that time registered operator affixed and mailed the notices of demand for payment provided for in Subsections 14.36.045 G. and 14.36.045 H.; and

d. The registered operator has mailed a notice by certified mail, return receipt requested, and a reasonable amount of time has elapsed for service of the notice, advising the registered owner(s) and any other persons who reasonably appear to have any interest in the vehicle stating that the vehicle will be towed if the vehicle is again parked at a registered pay and park facility. The notice shall also state the total amount due for outstanding surcharges and unpaid parking fees, the issue date and parking lot location for each outstanding surcharge, the method of payment, the name, address and phone number of the pay and park registered operator, and that the vehicle owner may submit a written complaint to the Bureau of Licenses if attempts to resolve the complaint with the registered operator have been unsuccessful. The operator shall forward a copy of each notice to the Director on the same business day it is issued. The notice shall be in a form approved by the City Attorney’s Office.

1. The operator, while dealing with the complaints of parking customers relating to notices of demand for payment of parking surcharges, will practice courtesy and professionalism, in accordance with the following procedures:

a. The registered operator will be available, both by telephone and in person, to the public during normal business hours to accept and respond to customer complaints.

b. The registered operator will respond in writing to written complaints within 10 days.

c. The registered operator’s written response shall include the mailing address and phone number of the License Bureau and a statement that the parking customer may submit a written complaint to the License Bureau if attempts to resolve the complaint with the pay and park registered operator have been unsuccessful.

d. All efforts to collect the surcharge and related amounts shall be suspended upon filing a complaint with the operator or the Director, pending final resolution.

e. Surcharge fees will not increase from the time a complaint is received by the operator or the Director, pending final resolution.

f. The registered operator shall cancel the surcharge if the parking customer provides evidence which indicates that the parking fee payment was made in accordance with Subsection 14.36.045 G.

g. The registered operator shall notify appropriate credit agencies immediately upon canceling any surcharge.

2. The Director shall, upon receipt of a complaint, conduct an investigation. If the investigation determines that a substantial violation of this Section occurred, the Director shall initiate formal compliance methods as provided in Section 14.36.045 M.

a. The Director will not investigate complaints by parking customers regarding the issuance of a notice of demand for payment of surcharge filed any time after 90 days from receipt of the first mailed demand for payment of surcharge.

K. Maintenance of records. The operator shall keep and maintain records of all parking fee surcharges, any transactions relating to collection of past due accounts, written warnings, requests for vehicle towing, and any other transactions or written complaints relating to parking fee surcharges or the impounding of vehicles for a period of at least one year.

1. As a condition of registering a pay and park facility under this section, the operator shall hold the City of Portland, its officers, and employees free and harmless and indemnify the City for any claims for damage to property or injury to person which may be occasioned by any work and/or services furnished or carried on under the terms of registration.

2. Registered operators shall provide and maintain public liability and property damage insurance covering any and all claims for damage to property or personal injury, including death, which may arise from pay and park operations under the registration. Such insurance shall provide coverage for not less than $200,000 for personal injury to any person, $500,000 aggregate, and $50,000 for each occurrence involving property damage, or in lieu of such coverage, a single limit insurance policy of not less than $500,000 covering any number of claims arising out of any single occurrence, plus cost of defense. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the term of the registration. The insurance shall be without prejudice to coverage otherwise existing. The insurance shall name as additional insured the City and its officers, agents and employees. Notwithstanding the naming of additional insured, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer’s liability as set forth elsewhere in the policy beyond the amount or amounts which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insured on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without 30 days written notice first being given to the City Auditor. The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate revocation of the registration by the City.

M. Violations. Upon the failure of any person to comply with any of the requirements of this Section, the Director may exercise the following authority:

1. Suspension or revocation. The Director may suspend a registration of any pay and park facility if investigation reveals any substantial violation of the requirements of this Section. A substantial violation is a violation that has an impact on the public that informal compliance methods have failed to resolve. Suspension of registration may be for a period of up to 14 calendar days. The suspension shall be effective from the registered operator’s receipt of written notice of suspension. If the violation is not corrected within the 14 calendar day period, then the Director may revoke the registration. The revocation shall be immediately effective upon the receipt of written notice by the registered operator.

2. Civil Penalty. If investigation reveals any substantial violation of the requirements imposed by this Section, the Director may impose a civil penalty of up to $500 for each such violation.

3. Public nuisance. Any pay and park facility maintained in violation of this Section is hereby declared to be a public nuisance. The Director may request that the City Attorney bring in action or suit to abate such nuisance in any court with jurisdiction to hear such action or suit.

N. Appeals. Any registered operator aggrieved by a determination of the Director may appeal such determination to the Code Hearings Officer of the City of Portland, as set out in Chapter 22.10 of this Code.

(Amended by Ord. No. 142914; Dec. 9, 1976, effective Jan. 10, 1977.) It is unlawful for the operator or an employee of a public parking lot to close and leave the lot without first removing the keys from any vehicle remaining upon the lot. It is unlawful for the operator or employee to close and leave the lot prior to the posted time of closing without locking any vehicle remaining on the lot. If no closing time is posted it shall be unlawful for the operator or an employee to close and leave the lot without locking any vehicle remaining on the lot. The operator of any lot where the operator or employee removes keys to any location other than the lot itself shall post and maintain a sign on the premises stating where and during what hours keys may be obtained when the lot is not attended. The sign shall be placed in a location meeting the requirements of signs giving notice of impoundment fees required by Section 14.36.040 F. of this Code.

A. It is unlawful for any person to pay a fee, or to receive a fee directly or indirectly, for touching or offering to touch the sexual parts of another for the purpose of arousing or gratifying the sexual desire of either party.

B. It is unlawful for any person managing or controlling any place of business, to cause or to permit any agent, employee, or other person under his control or supervision, to participate in conduct prohibited in Subsection (a) of this Section.

1. “Deviate sexual intercourse” means sexual activity between persons consisting of contact between the sex organs of one person and the mouth or anus of another.

2. “Sexual conduct” means sexual intercourse or deviate sexual intercourse.

3. “Sexual contact” means any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party.

4. “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

1. Engage in, or offer or agree to engage in, sexual conduct or sexual contact in return for a fee; or

2. Pay, or offer or agree to pay, a fee to engage in sexual conduct or sexual contact.

14.36.070 Resale of Tickets to Events at Municipal Facilities at a Premium Price Prohibited.

(Added by Ord. No. 143584; amended by 157642, 163424; and 169844, Apr. 5, 1996.) Tickets to all events at municipally-owned facilities, including the Memorial Coliseum and the public plaza at the Rose Quarters, and tickets to all events at the Rose Garden Arena other than season tickets, shall have printed thereon the retail price thereof. It shall be unlawful for any person to sell or offer for sale any ticket for an event at any municipally owned facility, or for any event at the Rose Garden Arena, at a price greater than the retail price printed thereon or at a price greater than the original retail price. Notwithstanding the above, this Section shall not be construed to prohibit service fees or charges imposed or collected by ticket outlets where service fees or charges are specifically authorized by the management of the facilities.

(Amended by Ordinance No. 174260, effective April 14, 2000.) The Council’s purpose in adopting this Chapter is to strictly regulate certain business activities that present an extraordinary risk of being used to conceal criminal behavior including the theft of property. The Council finds that this risk is present despite the best efforts of legitimate occasional secondhand dealer and secondhand dealer businesses because these businesses process large volumes of goods and materials that are frequently the subject of theft. This Chapter is intended to reduce this type of criminal activity by providing timely police awareness of such property transactions and by regulating the conduct of persons engaged in this business activity. The Council finds that these regulations are necessary and the need for the regulations outweighs any anti-competitive effect that may result from their adoption.

(Amended by Ordinance Nos. 163536, 164435, 165000, 167155, 169187 and 174260 effective April 14, 2000.) As used in this Chapter, unless the context requires otherwise:

A. “Acceptable identification” means either a valid driver’s license, a State of Oregon Identification Card issued by the Department of Motor Vehicles, or a valid government-issued identification card and a second piece of identification one of which has a photograph of the seller. The employee completing the transaction needs to make sure that the photograph appears to be the seller who is presenting the identification and from whom the secondhand goods are being purchased.

B. "Business Location" means the location where the occasional secondhand dealer or secondhand dealer conducts business.

C. “Chief of Police” means the Chief of the Portland Bureau of Police or his or her designee.

D. “Criminal arrests or convictions” means any offense defined by the statutes of the State of Oregon or ordinances of the City of Portland, unless otherwise specified. Any arrest or conviction for conduct other than that denoted by the statutes of the State of Oregon or ordinances of the City of Portland, as specified herein, shall be considered to be equivalent to one of such offenses if the elements of such offense for which the person was arrested or convicted would have constituted one of the above offenses under the applicable Oregon statutes or Portland ordinance provisions.

E. “Director” means the Director of the Portland Bureau of Licenses or his or her designee.

F. “Investment purposes” means the purchase of personal property by businesses and the retention of that property in the same form as purchased, for resale to persons who are purchasing the property primarily as an investment.

1. Engages in, conducts, manages, or carries on a business which would be required to have a business license under the Business License Law, as set forth in Title 7 of this Code;

a. For purposes of this subsection, the exemption provided in Section 7.02.400 C, for businesses with gross receipts of less than $25,000, shall not apply; and

2. Purchases or offers for sale not more than 50 items of regulated property in any one year period; and

a. Purchases regulated property at or from business locations within the City of Portland, or on behalf of such a business regardless of where the purchase occurs, or

H. “Person” means any real person, or any partnership, association, organization, or corporation.

I. “Purchase” means to take or transfer any interest in personal property in a voluntary transaction, including but not limited to: sales; consignments; memoranda between a secondhand dealer or an occasional secondhand dealer and a private party seller; leases; trade-ins; loans; and abandonments. Notwithstanding the foregoing, a "purchase” does not include

1. any loans made in compliance with state laws by persons licensed by the State of Oregon;

2. memoranda between a secondhand dealer or an occasional secondhand dealer and a person engaged in the business of selling regulated property; and

3. consignments between a secondhand dealer or an occasional secondhand dealer and a person if the person lives more than 150 miles from the City of Portland and the consigned property is mailed, shipped, or sent by courier to the secondhand dealer or occasional secondhand dealer.

J. “Regulated property” means any of the following property which is used or secondhand:

1. Precious metals including but not limited to: any metal that is valued for its character, rarity, beauty or quality, including gold, silver, platinum, or any other such metals, whether as a separate item or in combination as a piece of jewelry.

a. Jewelry containing precious metals or precious gems including but not limited to: rings, necklaces, pendants, earrings, brooches, bracelets, or chains.

2. Precious gems including but not limited to: any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other such precious or semi-precious gems or stones, whether as a separate item or in combination as a piece of jewelry.

3. Watches including but not limited to: pocket watches, wrist watches, or stop watches.

4. Sterling silver including but not limited to: flatware, candleholders, coffee and tea sets, ornamental objects, champagne flutes, wineglasses, or serving pieces such as: platters, bowls, trays, water pitchers, open bakers, ice buckets, shell dishes, or salt and pepper shakers.

5. Audio equipment including but not limited to: tape players, tape decks or players, compact/digital disc players, sound metering devices, tuners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, clock radios, car stereos, car speakers, radar detectors, broadcasting equipment or citizen band radios/transceivers.

6. Video equipment including but not limited to: color televisions, black and white televisions, videotape or videodisc recorders, videotape or videodisc players, video cameras, or video monitors.

7. Photographic and optical equipment and any accompanying bags including but not limited to: cameras, camera lenses, camera filters, camera motor drives, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, binoculars, telescopes, opera glasses, microscopes, surveying equipment, rifle scopes, spotting scopes, or electronic sighting equipment.

8. Electrical office equipment including but not limited to: telefax machines, laser printers, copiers, duplicators, typewriters, calculators, cash registers, transcribers, dictaphones, computers, home computers, modems, monitors, or any computer equipment or accessories having uniquely identifiable parts.

9. Power yard and garden tools including but not limited to: garden tractors, lawn mowers, rototillers, lawn sweepers, weed or brush cutters, edgers, trimmers, blowers, chippers, shredders, or ladders.

10. Power equipment and tools including but not limited to: air hammers, air tools, nail guns, power staplers, power saws, power sanders, chainsaws, power planers, power drills, routers, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors, pressure washers, or logging equipment.

11. Automotive and hand tools including but not limited to: wrench sets, socket sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks, or timing lights.

12. Musical instruments and any accompanying cases or bags including but not limited to: pianos, organs, guitars, violins, cellos, trumpets, trombones, saxophones, flutes, drums, percussion instruments, electronic synthesizers, or mixing boards.

13. Firearms including but not limited to: rifles, shotguns, handguns, revolvers, pellet guns, or BB guns.

14. Telephones or telephone equipment including but not limited to office telephones, portable home telephones, mobile telephones, cellular telephones, or answering machines.

15. Sporting equipment limited to bicycles, golf clubs and bags, pool cues or cases, skis, ski boots, snowboards, fishing rods or reels, or skates.

16. Outboard motors and boating accessories limited to outdrives, props, inboard engines, boat covers, tops, or unlicensed boat trailers.

f. Refrigerators, stoves, washers, dryers and other similar major household appliances.

g. Property which is purchased by a bona fide business for investment purposes, limited to:

(3) All tokens, coins, or money, whether commemorative or an actual medium of exchange adopted by a domestic or foreign government as part of its currency; or

1. Engages in, conducts, manages, or carries on a business which would be required to have a business license under the Business License Law, as set forth in Title 7 of this Code;

a. For purposes of this subsection, the exemption provided in Section 7.02.400 C, for businesses with gross receipts of less than $25,000, shall not apply; and

2. Purchases or offers for sale 51 or more items of regulated property in any one year period; and

a. Purchases regulated property at or from business locations within the City of Portland, or on behalf of such a business regardless of where the purchase occurs; or

A. No person shall engage in, conduct or carry on an occasional secondhand dealer business or a secondhand dealer business in the City without a valid occasional secondhand dealer permit or a valid secondhand dealer permit issued by the Bureau of Licenses.

B. Upon purchasing 50 items of regulated property during any one-year period, an occasional secondhand dealer shall apply for and obtain a secondhand dealer permit before purchasing any more items of regulated property.

C. Any person who advertises or otherwise holds his/herself out to be purchasing or offering for sale regulated property within the City shall be presumed to be operating a business subject to the terms of Chapter 14.37.

(Added by Ordinance No. 174260, effective April 14, 2000.) Fixed place of business. No person may operate as an occasional secondhand dealer or a secondhand dealer within the City of Portland unless the person maintains a fixed business location.

A. An applicant for an occasional secondhand dealer permit or a secondhand dealer permit shall complete and submit an application including required secondhand dealer personal history forms which set forth the following information:

1. The name, address, telephone number, birth date and principal occupation of the applicant and any other person who will be directly engaged or employed in the management or operation of the business or the proposed business;

a. Upon request, applicants and any other person who will be directly engaged or employed in the management or operation of the business or the proposed business, shall submit to the Portland Police Bureau the following information: fingerprints, passport size photographs, and a copy of the signature initials to be used by persons on Permitted Secondhand Dealer Report forms. Permittees, their employees, agents, partners, and officers shall be required to submit new photos if requested to do so by the Portland Police Bureau;

2. The name, address and telephone number of the business or proposed business and a description of the exact nature of the business to be operated;

4. The applicant’s business occupation or employment for the 3 years immediately preceding the date of application;

5. The business license and permit history of the applicant in operating a business identical to or similar to those regulated by Chapter 14.37 or Chapter 14.38;

6. A brief summary of the applicant’s business history in this city or any other city or state including:

b. Whether the applicant has ever had any license or permit revoked or suspended, the reasons therefor, and the business activity or occupation of the applicant subsequent to the suspension or revocation.

7. If the business or proposed business is the undertaking of a sole proprietorship, partnership, limited liability company or corporation:

a. If a partnership, the application shall set forth the names, birth dates, addresses, telephone numbers, and principal occupations, along with all other information required of any individual applicant, of each partner, whether general, limited, or silent, and the respective ownership shares owned by each.

b. If a corporation, or limited liability company, the application shall set forth the corporate or company name, copies of the articles of incorporation or organization and the corporate by-laws or operating agreement, and the names, addresses, birth dates, telephone numbers, and principal occupations, along with all other information required of any individual applicant, of every officer, director, members or managers, and shareholder (owning more than five percent of the outstanding shares) and the number of shares held by each;

8. Any arrests or convictions of each applicant and all natural persons enumerated in paragraphs 1 through 7 of this Section; and

9. Any other information which the Director of the Bureau of Licenses may reasonably feel is necessary to accomplish the goals of this Chapter.

B. Employees of occasional secondhand business locations or secondhand business locations shall complete and submit the secondhand dealer personal history form as required in Section A. of this Section. New employees may not buy or sell regulated property until all required information has been reviewed and approved by the Portland Police Bureau.

C. The personal and business information contained in the application forms required pursuant to Section 14.37.040. A. shall be subject to disclosure pursuant to the Oregon Public Records Law, ORS 192.410 et seq.

(Amended by Ordinance Nos. 163270, 165000; 169187 and 174260, effective April 14, 2000.)

A. Upon the filing of an application for an occasional secondhand dealer or secondhand dealer permit and payment of the required fee, the Chief of Police shall conduct an investigation of the applicant. The Director shall issue the permit within 90 days of receiving the application if no cause for denial exists.

B. Except as provided in Section 14.37.050 C., the Director shall deny an application for an occasional secondhand dealer’s permit or a secondhand dealer’s permit if:

1. The applicant, or any person who will be directly engaged in the management or operation of the business, or any person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14.37 or Chapter 14.38; and the license or permit for the business has been revoked for cause which would be grounds for revocation pursuant to Chapter 14.37; or

2. The applicant, or any person who will be directly engaged or employed in the management or operation of the business, or any person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14.37 or Chapter 14.38 and the business has been found to constitute a public nuisance and abatement has been ordered; or

3. The Director finds that applicant has been convicted of one or more of the offenses listed below and that based upon the facts and circumstances supporting the conviction(s) and all intervening circumstances that granting the application would put the public at risk. The offenses include:

a. Any crime that would constitute a felony under the laws of the state in which the crime was committed or the United States of America; or

b. Any crime that would constitute a misdemeanor under the laws of the state in which the crime was committed or the United States of America and the offense involved either bribery, controlled substances, deception, dishonesty, forgery, fraud, or theft; or

d. Any misdemeanor or violation that is indicative of a pattern of stalking, dishonesty, fraud or predatory behavior; or

4. The applicant, or any person who owns a five percent or more interest in the business, has outstanding judgments which represent unsatisfied monetary obligations; or

5. Evidence exists that supports a finding by a preponderance of the evidence that the applicant or any person who will be involved in the business has committed any offense relating to fraud, theft or any offense listed in Section 14.37.120; or

6. Evidence exists that supports a finding by a preponderance of the evidence that the applicant or any person who will be involved in the business has violated any law or statute where the elements of such law or statute are equivalent to the provisions of the Occasional Secondhand Dealers and Secondhand Dealers Code; or

7. The operation as proposed by the applicant would not comply with all applicable requirements of the Portland City Code including but not limited to: the building, health, planning, zoning and fire codes of the City; or

8. Any statement in the application is found to be false or any required information is withheld; or

a. The location of the business for which the application has been filed has a history of violations of the provisions of this Chapter; or

b. A statistically significant record exists of criminal offenses relating to fraud or theft in the area located within 500 feet of the business location; or

10. Evidence exists to support a finding by a preponderance of the evidence that the applicant, or any person who will be directly engaged or employed in the management or operation of the business, or any person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14.37, Chapter 14.38 or any laws or statutes equivalent to the provisions of Chapter 14.37, and the business has violated applicable State, Federal or local requirements, including permitting requirements; or

11. The Director finds that the applicant will employ any person in the business that has been convicted of:

a. Any crime that would constitute a felony under the laws of the state in which the crime was committed or the United States of America; or

d. Any misdemeanor or violation that is indicative of a pattern of stalking, dishonesty, fraud, or predatory behavior; or

C. Notwithstanding Section 14.37.050.B., the Director may grant a permit after consulting with the Chief of Police despite the presence of one or more of the enumerated factors if the applicant establishes to the Director’s satisfaction that:

3. The behavior evidenced by such factor occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of Chapter 14.37.

D. Notwithstanding the foregoing, Section 14.37.050. B.3. shall not be used to deny an application for a secondhand dealer permit or occasional secondhand dealer permit if the applicant had a permit on February 23, 2000 and the applicant’s criminal conviction(s) occurred prior to February 23, 2000.

E. Occasional secondhand dealer permits and secondhand dealer permits shall be for a term of one year and shall expire on the first anniversary of their issuance. The permits shall be nontransferable and shall be valid only for a single business location. When the business location is to be changed, the permit holder shall provide the address of the new location in writing to the Bureau of Licenses for approval at least 14 days prior to the change.

F. All occasional secondhand and secondhand dealer permits shall be displayed at the business location in a manner readily visible to patrons.

G. The Director, upon denial of an application for an occasional secondhand dealer’s permit or a secondhand dealer’s permit, shall give the applicant written notice of the denial by causing notice to be served upon the applicant at the business or residence address listed on the application.

1. Service of the notice shall be accomplished by mailing the notice by regular and certified mail, return receipt requested, or at the option of the Director, by personal service in the same manner as a summons served in an action at law.

2. Mailing of the notice by regular mail shall be prima facie evidence of receipt of the notice. Service of notice upon the person in charge of a business during its hours of operation shall constitute prima facie evidence of notice to the person holding the permit to operate the business.

3. The denial shall be effective and final the date the notice is received by an applicant as evidenced by the Return Receipt or the Return of Service.

H. Denial of a permit may be appealed by filing written notice of an appeal within 10 days of the date of denial in accordance with Section 14.37.150.

A. Every person engaged in, conducting or carrying on an occasional secondhand dealer business shall:

1. For an occasional secondhand dealer’s permit, complete and submit all required forms with the Bureau of Licenses and pay a nonrefundable fee of $50.00.

2. For renewal of an occasional secondhand dealer’s permit, shall pay a nonrefundable fee of $25.00.

B. Every person engaged in, conducting or carrying on a secondhand dealer’s business shall:

1. For a secondhand dealer’s permit, complete and submit all required forms with the Bureau of Licenses and pay a nonrefundable fee of $300.00. The Director shall allow occasional secondhand dealers to credit any current occasional secondhand dealer application fee against the charge for the secondhand dealer application fee.

2. For renewal of a secondhand dealer’s permit, pay a nonrefundable fee of $150.00.

A. The holder of a valid occasional secondhand dealer’s permit or a secondhand dealer’s permit shall file an application for a permit for a subsequent or additional business location with the Bureau of Licenses and shall pay a fee of $25.00 for occasional secondhand dealers and $150.00 for secondhand dealers, provided the information required for the subsequent or additional business location is identical to that provided in the application for the prior location with the exception of that required by Section 14.37.040 A.2.

B. Permits issued for subsequent or additional business locations shall be subject to all the requirements of this Chapter, and the term of the permit issued for a subsequent or additional location shall expire on the same date as the initial permit.

A. The Bureau of Police shall provide all occasional secondhand dealers and secondhand dealers with Permitted Secondhand Dealers report forms at cost. The Chief of Police may specify the size, shape and color of the Permitted Secondhand Dealers report form. The Chief of Police may require the Permitted Secondhand Dealers report forms to provide any information relating to the regulations of this Chapter. Occasional secondhand dealers and secondhand dealers may utilize their own forms, in lieu of those supplied by the Bureau of Police, if such forms have been approved by the Chief of Police. The Declaration of Proof of Ownership shall be considered to be included in references in this Chapter to the Permitted Secondhand Permit Dealers report form, as appropriate.

B. When purchasing regulated property, occasional secondhand dealers and secondhand dealers shall obtain current and acceptable identification. Additionally the purchaser shall record the seller's current residential address, thumb print, and social security number (optional) on the Permitted Secondhand Dealers report form and have the seller complete the Declaration of Proof of Ownership.

1. All occasional secondhand dealers and secondhand dealers shall require the employee completing the transaction to write a complete and accurate description of the regulated property to be purchased or acquired of sufficient detail to distinguish like objects one from the other, upon a Permitted Secondhand Dealers report form at the time of purchasing or acquiring any item of regulated property. The description of the purchased or acquired property shall be as called for by the Permitted Secondhand Dealers report form.

a. All occasional secondhand dealers and secondhand dealers shall fill in all of the blank spaces on the Permitted Secondhand Dealers report forms with the data required by the form, which requires the seller of any regulated property to sign the seller's name and provide a current telephone number on the completed form.

b. The employee initial shall be that of the employee completing the transaction. The employee shall confirm that the acceptable identification conforms to that of the person signing the Declaration of Proof of Ownership. No purchase or acquisition shall be made from a person under 18 years of age unless parent or guardian completes the applicable information on the Declaration of Proof of Ownership.

c. All Permitted Secondhand Dealers report forms shall be filled out in clearly legible, printed English.

d. The seller shall legibly complete the Declaration of Proof of Ownership. The seller shall, at the time of the transaction, certify in writing that the seller has the legal right to pledge or sell the property that is the subject of the transaction and is competent to do so. All occasional secondhand dealers and secondhand dealers (except those exempted in Section 14.37.080 F.) shall place the thumbprint (identifiable) of the seller's right hand (left if right unavailable) in the thumbprint box on the Declaration of Proof of Ownership.

e. An occasional secondhand dealer or secondhand dealer may provide a description of any motor vehicle (including license number) identified as used in the delivery of regulated property and record the description and license number next to the seller's thumbprint.

f. The entire Permitted Secondhand Dealers report form is subject to disclosure pursuant to Oregon Public Records Law.

2. The information required to be furnished on Permitted Secondhand Dealers report forms is to assist in the investigation of the theft of property. Therefore, additional reporting for occasional secondhand dealers and secondhand dealers includes:

a. Unregulated property that is identifiable with markings indicating apparent ownership. Any such items shall not count towards the 50 items per year regulated property purchase limitations for occasional secondhand dealers.

3. Occasional secondhand dealers and secondhand dealers (except those exempted in Section 14.37.080 F.) shall take either a photograph or still video of each person selling an item of regulated property or photocopy the acceptable identification presented by the seller. This photograph shall be developed and referenced to the Permitted Secondhand Dealers report number. A video photograph (still) shall be referenced by time and date and Permitted Secondhand Dealers report number to correspond to the regulated property accepted. Photocopied identification shall be kept with the Permitted Secondhand Dealers report or shall have the Permitted Secondhand Dealers report number on it. The photograph or videotape or photocopied identification shall be kept by the secondhand dealer for 1 year and shall be provided to the Portland Police Bureau or the Bureau of Licenses upon request.

C. All occasional secondhand dealers and secondhand dealers shall mail or deliver to the Chief of Police at the close of each business day the original and second copy of all Permitted Secondhand Dealers report forms describing articles purchased during that business day. When the completed Permitted Secondhand Dealers report form shows the seller to live outside the City of Portland, the Portland Police Bureau may send a copy of the Permitted Secondhand Dealers report form to the police agency having jurisdiction where the seller resides.

D. The third copy of all completed and voided Permitted Secondhand Dealers report forms shall be retained by occasional secondhand dealers and secondhand dealers for a period of not less than 1 year from the date of purchase at their business location. Any unused Permitted Secondhand Dealers report forms must be available for inspection by the Portland Police Bureau or the Bureau of Licenses.

E. The Portland Police Bureau shall destroy Permitted Secondhand Dealers report forms and the Declaration of Proof of Ownership forms (including thumbprints) immediately after the statute of limitations for the suspected crime(s) has expired unless the form is needed as evidence in a pending criminal prosecution. Thumbprints on the Permitted Secondhand Dealers report may be used by the Portland Police Bureau only to identify a suspect or to confirm or deny the identity of a suspect in a criminal case and in the subsequent prosecution of a criminal defendant.

F. Notwithstanding Section 14.37.080 B., an occasional secondhand dealer or a secondhand dealer is not required to record the thumb print of the seller or to comply with Section 14.37.080 B.3. if the occasional secondhand dealer or secondhand dealer complies with the following provisions:

1. The occasional secondhand dealer or secondhand dealer conducts each and every purchase of regulated property by not tendering payment to the seller for a minimum of 15 days after the regulated property is delivered to the occasional secondhand dealer or secondhand dealer.

2. The occasional secondhand dealer or secondhand dealer complies with the remaining requirements set forth in Section 14.37.080 B.; and

3. The occasional secondhand dealer or secondhand dealer notifies the Director and the Chief of Police in writing that each and every purchase of regulated property will be conducted by not tendering payment to the seller for a minimum of 15 days after the regulated property is delivered to the occasional secondhand dealer or secondhand dealer.

A. No regulated property purchased by any occasional secondhand dealer or secondhand dealer shall be sold for a period of 30 full days after the date of purchase unless the property is purchased from a dealer regulated by the City of Portland who already has satisfied the holding requirement of this ordinance, and the purchaser records the original Permitted Secondhand Dealers report number on the Permitted Secondhand Dealers report completed for the new transaction. The dealer shall hold the purchased property in the same form as purchased, and keep the property separate and apart from all other regulated property during this 30 day holding period to allow identification and examination. The dealer shall keep the purchased property at the business location during this holding period so that it can be inspected during normal business hours as provided in Section 14.37.110.

1. The 30 day holding period does not apply if a seller, who originally purchased property from an occasional secondhand dealer or secondhand dealer, returns it to that dealer with the original receipt, and purchases a different item of greater value.

B. Notwithstanding Section 14.37.090 A., if an occasional secondhand dealer or a secondhand dealer complies with each requirement in Section 14.37.080 F., the occasional secondhand dealer or secondhand dealer is subject to the following holding period:

1. No regulated property purchased by any occasional secondhand dealer or secondhand dealer shall be sold for a period of 15 full days after the date of purchase unless the property is purchased from a dealer regulated by the City of Portland who already has satisfied the holding requirement of this ordinance, and the purchaser records the original Permitted Secondhand Dealers report number on the Permitted Secondhand Dealers report completed for the new transaction. The dealer shall hold the purchased property in the same form as purchased, and keep the property separate and apart from all other regulated property during this 15 day holding period to allow identification and examination. The dealer shall keep the purchased property at the business location during this holding period so that it can be inspected during normal business hours as provided in Section 14.37.110.

2. The 15 day holding period does not apply if a seller, who originally purchased property from an occasional secondhand dealer or secondhand dealer, returns it to that dealer with the original receipt, and purchases a different item of greater value.

C. The Chief of Police may provide written notice, upon reasonable belief that the purchased property is the subject of theft, to any occasional secondhand dealer or secondhand dealer not to dispose of any specifically described property purchased. The dealer shall retain the property in the same form as purchased. The dealer shall not sell, exchange, dismantle or otherwise dispose of the property for a period of time as determined by the Chief of Police, not to exceed 180 days from the date of purchase.

D. If an occasional secondhand dealer or secondhand dealer purchases regulated property with serial numbers, personalized inscriptions or initials, or other identifying marks which are or have been altered, obliterated, removed, or otherwise rendered illegible, the occasional secondhand dealer or secondhand dealer shall continue to hold the property at the business location for a period of 90 full days after purchase. In addition, any such property shall not be purchased without notifying the Portland Police Bureau. This shall be accomplished by writing "90 day hold" next to the item on the Permitted Secondhand Dealers report form. The dealer shall maintain the purchased property in the same form as purchased and keep the property separate and apart from all other regulated property during this 90 day holding period to allow identification and examination. The dealer shall keep the purchased property at the business location during this holding period so that it can be inspected during normal business hours, as provided in Section 14.37.110.

E. If occasional secondhand dealers or secondhand dealers have an objectively reasonable basis to believe that any property at their business location has been previously lost or stolen, they shall promptly report that belief to the Portland Police Bureau by providing the Permitted Secondhand Dealers report number, and any additional information regarding the name of the owner, if known.

(Amended by Ordinance No. 174260, effective April 14, 2000.) Any occasional secondhand dealer or secondhand dealer purchasing any regulated property shall affix to the property a tag upon which shall be written a number in legible characters. The number shall correspond to the number on the Permitted Secondhand Dealers report form required by Section 14.37.080. After the holding period has expired, the Permitted Secondhand Dealers report form number shall remain identifiable on the property until the sale of the property.

A. After the applicable holding period (set forth in Sections 14.37.090 A.-B.) has expired, hand tools, or items which are sold with other like items and have no identifiable numbers or markings need not remain tagged.

B. After the applicable holding period (set forth in Sections 14.37.090 A.-B.) has expired, items that are remanufactured need not remained tagged.

(Amended by Ordinance Nos. 169187 and 174260, effective April 14, 2000.) Upon presentation of official identification, any representative of the Portland Police Bureau or the Bureau of Licenses may enter the business location of any permitted occasional secondhand dealer or secondhand dealer to ensure compliance with the provisions of Chapter 14.37. The inspection shall be for the limited purpose of inspecting the business location, any regulated property purchased by the dealer pursuant to Section 14.37.090, and the related records as provided in Sections 14.37.080 and 14.37.100. Any inspection under this section shall be authorized to occur only during normal business hours of the business location.

(Amended by Ordinance Nos. 165000, 169187 and 174260, effective April 14, 2000.)

1. To engage in, conduct or carry on the operation of any occasional secondhand dealer business or secondhand dealer business within the City of Portland, unless a permit for the business has first been obtained from the Bureau of Licenses;

2. To fail to obtain acceptable identification from the seller of any regulated property;

3. To fail to fill out the Permitted Secondhand Dealers report form as required by Chapter 14.37;

4. To fail to have the seller of any regulated property sign the completed Permitted Secondhand Dealers report form describing the article purchased;

5. To fail to retain at the business location a copy of all Permitted Secondhand Dealer Report forms received from the Portland Police Bureau, whether used or voided, for a period of 1 year from the date of purchase;

6. To fail to mail or deliver to the Portland Police Bureau at the close of each business day the original and second copy of all Permitted Secondhand Dealers report forms describing regulated property purchased during that business day;

7. To fail to include on the Permitted Secondhand Dealers report form all information as required by the form and this Chapter;

8. To fail to withhold from sale any regulated property for the required holding period after purchase;

9. To fail, after purchasing regulated property, to retain the property at the business location for the required holding period after its purchase;

10. To refuse to allow inspection by a representative of the Portland Police Bureau or the Bureau of Licenses of the business location and any regulated property as provided under Chapter 14.37;

11. To refuse to allow inspection by a representative of the Portland Police Bureau or the Bureau of Licenses of any records required by Chapter 14.37;

12. To fail to have affixed to any purchased regulated property, a tag upon which is written a number in legible characters which corresponds to the number on the Permitted Secondhand Dealers form required by Chapter 14.37; or

13. To continue activities as an occasional secondhand dealer or secondhand dealer after revocation of a permit.

B. Any violation of any prohibited act listed in Section 14.37.120 A. is punishable, upon conviction, by a fine of not more than $500 and a jail sentence of up to six months.

(Substituted by Ordinance No. 164435, amended by 165000, 169187 and 174260, effective April 14, 2000.)

A. The Director may assess civil penalties in an amount up to $500 for each violation of Chapter 14.37.

B. In determining the amount of any civil penalty to be assessed against any person, the Director shall consider the following criteria:

2. The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violations;

3. Whether the violations were repeated and continuous, or isolated and temporary;

5. The City’s costs of investigating the violation and correcting or attempting to correct the violation;

1. The Director, having made a determination to seek civil penalties as provided by this Section, shall give the occasional secondhand dealer or the secondhand dealer written notice of the determination by causing notice to be served upon the occasional secondhand dealer or secondhand dealer at the business or residence address listed on the application or on record at the Bureau of Licenses.

2. Service of the notice shall be accomplished by mailing the notice by regular and certified mail, return receipt requested, or at the option of the Director, by personal service in the same manner as a summons served in an action at law.

3. Mailing of the notice by regular mail shall be prima facie evidence of receipt of the notice. Service of notice upon the person in charge of a business during its hours of operation shall constitute prima facie evidence of notice to the business owner.

4. The civil penalty shall be effective and final ten days after the giving of notice unless such civil penalty is appealed in accordance with Section 14.37.150.

A. Along with the other regulatory enforcement authority granted under this Chapter, the Director may, after consulting with the Chief of Police, revoke any permit issued pursuant to this Chapter:

2. Where investigation reveals that any violation of the provisions of this Chapter has been committed and the violation is connected with the operation of the permitted business location so that the person in charge of the business location knew, or should reasonably have known, that violations or offenses have been permitted to occur at the location by the dealer or any other person engaged or employed in the management or operation of the business location; or

3. The occasional secondhand dealer or secondhand dealer or its employee has engaged in activity that presents a future compliance risk and the dealer has failed to take appropriate corrective action; or

5. Upon a finding by the Director that the business activities cause significant litter, noise, vandalism, vehicular or pedestrian traffic congestion or other locational problems in the area around a business location; or

6. If payment of civil penalties has not been received by the Bureau of Licenses within ten (10) working days after the penalty becomes final; or

7. If any statement contained in the application for the permit is found to have been false.

B. The Director, upon revocation of any permit issued pursuant to this Chapter, shall give the occasional secondhand dealer or secondhand dealer written notice of the revocation by causing notice to be served upon the occasional secondhand dealer or secondhand dealer at the business or the residence address listed on the application or on record at the Bureau of Licenses.

C. Revocation shall be effective and final 10 days after the giving of notice unless the revocation is appealed in accordance with Section 14.37.150.

(Substituted by Ordinance No. 164435; amended by 174260, effective April 14, 2000.)

A. Any person whose initial application or renewal application for an occasional secondhand dealer or secondhand dealer permit has been denied, or whose permit has been revoked, or who has been directed to pay a civil penalty by the Director, may appeal the action of the Director to the Code Hearings Officer of the City of Portland, as set out in Chapter 22.10 of the Portland City Code.

B. The filing of a notice of appeal of revocation of a permit, or of a civil penalty imposed by the Director under this Chapter, shall stay the effective date of the action until the appeal is determined by the Code Hearings Officer.

14.37.160 Maintenance of Regulated Business Activity in Violation Declared a Nuisance; Abatement.

(Amended by Ordinance No. 165000, effective Jan. 23, 1992.) Any business maintained in violation of the provisions of this Chapter is hereby declared to be a public nuisance. The City Attorney is authorized to bring any action or suit to abate the nuisance by seeking injunctive or other appropriate relief to:

C. Return property obtained through unlawful activities to the rightful owners; or

D. Seek payment of civil penalties assessed by the Director of the Bureau of Licenses; or

F. The Director shall give at least ten days written notice of any violation of this Chapter to the owner of real property upon which a business regulated by this Chapter is located, if such owner is a different person from the operator of the business. The real property owner shall have twenty days from the date of the notice to abate the violation.

1. Nothing in this subsection shall affect the City Attorney’s authority to take any and all actions otherwise authorized under this Section.

A. The Director may adopt rules, procedures and forms to implement the provisions of this Chapter.

1. The Director may adopt rules pertaining to matters within the scope of this Chapter.

2. Prior to the adoption of any rule by the Director pursuant to this Section, a public hearing shall be conducted. The Director shall give reasonable public notice of his or her proposal to adopt rules not less than ten nor more than thirty days before such public hearing. Such notice shall include the place, time, and purpose of the public hearing, a brief description of the proposed rules, and the location at which copies of the full text of the proposed rules may be obtained.

3. During the public hearing, the Director shall hear statements or receive written comment concerning the proposed rules. The Director shall either adopt the proposed rule, modify, or reject it, taking into consideration the comments received during the public hearing. If a substantial modification is made, additional public review shall be conducted, but no additional public notice shall be required if an announcement is made at the hearing of a future hearing for a date, time and place certain at which the modification will be discussed. Unless otherwise stated, all rules shall be effective upon adoption by the Director. All rules adopted by the Director shall be filed in the Bureau of License's office. Copies of all current rules shall be made available to the public upon request.

4. Notwithstanding paragraphs 2 and 3 of this section, the Director may adopt an interim rule without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than 180 days.

(Added by Ordinance No. 174260, effective April 14, 2000.) If any part or provision of this Chapter, application thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the application of the provision or part thereof, to any persons not similarly situated or to other circumstances, shall not be affected hereby, and shall continue in full force and effect. Provisions of this Chapter are severable.

(Added by Ordinance No. 174260, effective April 14, 2000.) Beginning in 2001 and in odd numbered years thereafter, the City Council shall conduct a public hearing to determine whether the amendments to Chapter 14.37 are accomplishing the purpose set forth in Section 14.37.010.

The purpose of this Chapter is to provide strict regulation of certain types of businesses that the Council finds present an extraordinary risk of being used as a means of concealing criminal behavior involving the theft of property. This risk is present despite the best efforts of legitimate dealers because of the large volume of goods and materials that are frequently the subject of theft that are processed in such businesses. Therefore, this Chapter is intended to reduce this type of criminal activity by providing more timely police awareness of such business transactions. The Council finds that the regulations provided herein are necessary, and the need for the regulations outweighs any anti-competitive effect that may result from their adoption.

As used in this Chapter, unless the context requires otherwise, “transient merchant” means every person, partnership, association or corporation engaged or participating in the City in the temporary, transitory business, for which a business license is required, of purchasing any precious metal or gem, as defined in Section 14.37.020, from any person when such transient merchant is not a permanent merchant in the City as demonstrated by the maintaining of business premises within the City and a valid business license as required by Title 7.

No person, partnership, association or corporation shall engage in business as a transient merchant without first procuring a business license as required by Title 7 of this Code and complying with the provisions of this Chapter.

A. No precious metals or gems, as defined in Section 14.37.020 and purchased by any transient merchant as regulated pursuant to this Chapter, shall be sold for a space of 15 full days after such purchase. All such precious metals or gems so purchased shall be kept, during this entire 15 day period, in a safe deposit box, or its equivalent, at a bank, savings and loan association, or other financial institution approved by the Chief of Police or designee within the corporate limits of the City. The expenses of such storage shall be borne by the merchant. Upon placement of such precious metals or gems in such safe deposit box, the transient merchant shall, before the end of that business day in which the items were so placed, mail or deliver written notice to the Chief of Police or designee of the locations where such items are being kept during this 15 day period.

B. Whenever the Chief of Police or designee, upon reasonable belief that the specific property is the subject of theft, notifies any transient merchant in writing during this 15 day period not to dispose of any specifically described precious metal or gem purchased as regulated by this Chapter, then such property shall not be sold, exchanged, moved out of the corporate limits of the City or in any way disposed of for a period of time, not to exceed 30 days, as determined by the Chief of Police or designee.

No person shall engage in business as a transient merchant until such person has filed with the Auditor of the City of Portland a $10,000 bond with a surety company licensed to do business in the State of Oregon as surety for the benefit of any person damaged by false, fraudulent or misleading representations of the transient merchant or the purchase of stolen precious metal or gems by such merchant in the conduct of his or her business.

Every advertisement, notice, flyer, commercial pamphlet or other advertising device utilized within the City of Portland to attract attention to the business, location, presence or arrival in the City of Portland of a transient merchant shall contain the following statement, which shall be conspicuously presented to the attention of any person whose attention is attracted by such advertising device:

“(Name of Merchant) has obtained the business license and posted the surety bond as required by the City of Portland, Oregon.”

Every “transient merchant” shall have and keep conspicuously posted near the entrance to his or her place of business or in an equally conspicuous place the business license required by Title 7 of some temporary proof of compliance issued by the Bureau of Licenses.

Any transient merchant who purchases any precious metal or gem as defined in Section 14.37.020 shall affix to such piece of property a tag upon which shall be written a number in legible characters, which number shall correspond to the number on the record forms required to be kept by Section 14.38.090.

A. All transient merchants shall, at the time of purchasing any precious metal or gem, as defined in Section 14.37.020, from any person, place the description of the property so purchased upon a form which shall be provided by the Bureau of Police. The form provided for herein shall be of such size, shape and color and shall require such information relating to the regulations of this Chapter as the Chief of Police or designee may direct. The description of any article so purchased shall be such description as may be called for by the form and require the person selling any article regulated by this Chapter to sign his or her name to such form. Such form shall be filled out in clearly legible printing, in English. Further, property regulated by this Chapter shall only be purchased by the dealer after the seller has presented such identification, as the Director of the Bureau of Licenses in consultation with the Chief of Police or designee promulgates as sufficient. The dealer shall fill in all of the blank spaces on such form in a legible manner with such data as is requested by the form. Since the information that is required to be furnished pursuant to this Section to aid in the investigation of the theft of property is of a confidential nature and relates to the personal privacy of persons doing business with such dealers as well as certain trade secrets and practices of such dealers, such information shall be considered to be confidential and privileged from disclosure to the maximum extent possible under applicable law.

B. Every transient merchant regulated by this Chapter shall mail or deliver to the Chief of Police, on a daily basis, all such forms, or legible copies thereof, describing all such property so purchased by him during that day.

All persons licensed to do business as transient merchants, and any person employed by such merchants, shall permit the Chief of Police or designee, upon presentation of official identification, entry to any such place of business maintained within the City for the limited purpose of inspecting articles purchased and currently being held pursuant to Section 14.38.040 and the records incident thereto regulated and required by this Chapter to ensure compliance with the provisions of this Chapter. Any such inspection shall only be authorized during normal business hours.

14.38.110 Maintenance of Regulated Business Activity in Violation Declared a Nuisance; Abatement.

Any establishment maintained in violation of the provisions of this Chapter is hereby declared to be a public nuisance. The City Attorney is authorized to bring any action or suit to abate such nuisance by seeking injunctive or any other appropriate relief in any appropriate forum when he or she has reasonable cause to believe a nuisance under this Section exists, regardless of whether or not any individual has been convicted of a violation of this Chapter.

The intentional or knowing violation of, or participation in the violation of, any section of this Chapter by any person, partnership, association or corporation or any employee or agent of any such party is punishable, upon conviction, by a fine of $500.

14.44.070 Personal Escort/Model or Runner Identification Card Required; Penalty.

The purpose of this Chapter is to provide for strict regulation of those engaged in the personal escort/modeling business. The Council finds that personal escort/modeling businesses present extraordinary risk of being used as a means to conceal criminal behavior, primarily prostitution and prostitution-related crimes. Further, the City of Portland has a compelling interest in eliminating or reducing other criminal conduct including rape, kidnapping, child abuse, and illegal drug activities which is also linked to personal escort/modeling activities. Therefore, this Chapter is intended to minimize this risk by limiting entry into this business to persons who have fulfilled the requirements of this Chapter and to closely monitor the activities and records of personal escort/modeling businesses to prevent criminal activity within the City.

(Amended by Ordinance No. 174196, effective February 23, 2000.) As used in this Chapter:

A. “Bureau of Licenses” means the Bureau of Licenses of the City of Portland, or the Director of the Bureau of Licenses or designee.

B. “Consideration” means money, benefit, interest or profit derived from a patron or accruing to a personal escort/model or runner and/or a personal escort/modeling business.

C. “Designated manager” means a person, designated by a permittee, with authority to bind a personal escort/modeling business to personal escort/model and patron contracts and to adjust patron and consumer complaints.

D. “Identification card” means a permit for a personal escort/model or runner.

E. “Office” means an office at the permitted personal escort/modeling business address from which personal escort/modeling business is conducted. At the minimum, an office is required to:

1. Establish and maintain reasonable business hours and notify the Bureau of Licenses of those hours.

2. Be accessible to the Bureau of Licenses and law enforcement officers during established business hours, and on request and upon reasonable notice, during other hours.

3. Allow law enforcement officers and the Bureau of Licenses to inspect the office and all records and documents required by this Chapter to be made and maintained.

4. Be managed by the personal escort/modeling business permittee or a designated manager of the permittee during all hours of operation.

5. Provide to the Bureau of Licenses a list of all telephone numbers, pager numbers, and/or internet addresses or other modes of contact used by the business or featured in any advertisement.

6. Maintain in the office a record of all persons engaged in the personal escort/modeling business, including but not limited to all designated managers, and all personal escort/models and runners employed by, contracted with, or referred by the personal escort/modeling business.

7. Maintain in the office a record of all personal escort/model calls and referrals, including: the address and unit or room number at which contact is to be made with the patron; the contact number of the patron; a complete description of the services which are to be provided; the date and time of the referral; the name and identification card number of the personal escort/model referred; whether the referral resulted in providing personal escort/modeling; the name and identification card number of any runner involved in the transaction; and the amount of consideration agreed to by the patron.

8. Maintain in the office copies of all patron contracts and receipts for payment for services.

9. Maintain in the office in a conspicuous public place, a notice stating in letters at least 1 inch high the following:

PERSONAL ESCORT/MODELING IS REGULATED BY THE CITY OF PORTLAND. IT IS UNLAWFUL FOR ANY PERSON TO OFFER TO OR ENGAGE IN SEXUAL CONTACT FOR A FEE. THESE LAWS ARE STRICTLY COMPLIED WITH BY THIS BUSINESS AND ARE STRICTLY ENFORCED.

F. “Patron” means any individual who for consideration hires or contracts with a personal escort/model.

H. “Permittee” means a person who is the holder of a permit or personal escort/model or runner identification card under this Chapter, a person financially interested, a designated manager, or any other person while acting on behalf of the permittee.

I. “Person” means any individual, firm, partnership, corporation or association of any kind.

J. “Person Financially Interested” means for a corporation, any person who is an officer or a director, or any shareholder holding more than 5% of the shares thereof; and for a noncorporate business, any person who shares in any financial gain attributable to the business as a proprietor or owner, or on the basis of ownership of a percentage of the business in excess of either 5% of gross or 10% of net revenue.

K. “Personal Escort/Model” means any person who is, or is held out to the public as being, available for consideration to date, consort with, or otherwise engage in activities which have, or would reasonably be perceived as having, a purpose of arousing or gratifying the sexual desire of a patron. "Personal Escort/Model" does not apply to persons when they are performing activities within the common public area of any bar or other public accommodation within view of other patrons, bartender or cashier.

L. “Personal Escort/Modeling Business” means any person who for consideration furnishes, refers, or offers to furnish or refer personal escort/models, or provides, or offers to introduce, patrons to personal escort/models.

M. “Runner” means any person, not a personal escort/model, who for consideration, and who on behalf of a personal escort/model or a personal escort/modeling business, contacts or meets with patrons or personal escort/models, or any representative of a personal escort/modeling business at any location other than the office.

Any person or entity with questions regarding the scope and applicability of this Chapter may make a written request for a determination of applicability (“determination request”) from the Bureau of Licenses on a form provided by the Bureau. Such a determination request shall detail the types of services offered and any other information the person or entity believes is relevant to assisting the Bureau of Licenses in making the applicability determination. Any determination provided by the Bureau of Licenses in response to a determination request may be relied on only to the extent that the information submitted by the person or entity was truthful, complete and accurate.

A. The term of a personal escort/modeling business permit, and a personal escort/model or runner identification card shall be one year. A personal escort/modeling business permit or a personal escort/model or runner identification card which has not been revoked may be renewed upon written application to the Bureau of Licenses on a form designated by the Bureau of Licenses and accompanied by all required fees. The renewal application shall be submitted at least 45 days prior to the permit or identification card expiration date or the permit or identification card shall lapse at the end of its term.

B. All permits and identification cards issued pursuant to this Chapter and all renewals thereof are personal to the permittee and shall not be transferred or assigned.

It shall be unlawful for any person to work or perform services as, conduct, manage, operate, or maintain a personal escort/modeling business, unless permitted pursuant to this Chapter. Violation of this Section is punishable upon conviction by a fine of not more than $500.00 or by imprisonment not to exceed 6 months, or both.

A. An applicant for a personal escort/modeling business permit shall file an application with the Bureau of Licenses.

B. The application shall contain the following information about the applicant, the business, and any persons involved in the business, including but not limited to, any persons who will be authorized to act on behalf of the permittee and any designated managers of the personal escort/modeling business to be permitted:

1. The name, address, and telephone number of the owner of the property where the office for the personal escort/modeling business is located;

2. All names, including any stage, assumed, and professional names currently used or that have been used in the last five years;

4. Each residence and business address for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each address;

5. Driver’s license, identification issued by any state, military identification, or passport shall be copied and attached;

6. A copy of a document which proves that the applicant is at least 18 years of age shall be attached;

8. Two current 2" x 2" photographs taken by the Portland Police Bureau Identification Division shall be attached;

9. The complete business, occupation or employment history for the three-year period immediately preceding the date of the filing of the application;

10. Whether any similar permit has ever been refused, revoked or suspended, in the City of Portland or elsewhere, and the reason or reasons therefore;

11. All prior criminal convictions, within ten years for any felony, and within five years for any misdemeanor, for crimes detailed in section D.5. below, including the place and court in which the conviction was ordered, and the sentence imposed as a result of the conviction;

12. Fingerprints taken by the Portland Police Bureau Identification Division shall be attached;

13. The names and addresses of all persons financially interested in the property, persons who have loaned money to the applicant to own, acquire or manage the business, or hold a mortgage or other secured interest in the business, the extent of any such financial interest, and the amount and terms of any loan or mortgage, or other secured interest;

15. The true names and stage, assumed, and professional names, and residential addresses of all persons to be employed by, contracted with, or referred by the personal escort/modeling business as personal escort/models or runners. Only personal escort/models or runners with current identification cards shall be included.

C. The City of Portland shall have a reasonable period of time in which to investigate and process the application. The applicant shall provide any additional information requested by the City of Portland as needed to confirm or verify information provided in the application.

D. The Bureau of Licenses shall approve the application and grant the permit if:

3. The applicant has not made a material misrepresentation of fact in the application;

5. The applicant, any person financially interested, all designated managers, any person employed by, contracted with or referred by the personal escort/modeling business as a runner or a personal escort/model, and any persons authorized to act on behalf of the permittee, have not:

a. been convicted of or pleaded no contest or guilty to any felony involving the following offenses or similar or equivalent crimes, including any attempt or conspiracy to commit such offenses, in any other jurisdiction within ten years prior to the submission of the application, or;

b. been convicted of or pleaded no contest or guilty to any misdemeanor involving the following offenses or similar or equivalent crimes, including any attempt or conspiracy to commit such offenses, in any other jurisdiction, within five years prior to the submission of the application. Crimes shall be considered similar or equivalent if the elements of the crime for which the conviction was obtained would have constituted one of the above crimes under the applicable state statutes, federal law or Portland City Code.

163.160	Assault IV	Class	A	Misdemeanor
163.165	Assault III	Class	C	Felony
163.175	Assault II	Class	B	Felony
163.185	Assault I	Class	A	Felony
163.190	Menacing	Class	A	Misdemeanor
163.225	Kidnapping II	Class	B	Felony
163.235	Kidnapping I	Class	A	Felony
163.275	Coercion	Class	C	Felony

163.355	Rape III	Class	C	Felony
163.365	Rape II	Class	B	Felony
163.375	Rape I	Class	A	Felony
163.385	Sodomy III	Class	C	Felony
163.395	Sodomy II	Class	B	Felony
163.405	Sodomy I	Class	A	Felony
163.408	Unlawful Sexual Penetration II	Class	B	Felony
163.411	Unlawful Sexual Penetration I	Class	A	Felony
163.415	Sexual Abuse III	Class	A	Misdemeanor

163.425	Sexual Abuse II	Class	C	Felony
163.427	Sexual Abuse I	Class	B	Felony
163.435	Contributing to the sexual delinquency of a minor	Class	A	Misdemeanor
163.445	Sexual Misconduct	Class	C	Misdemeanor

163.670	Using a child in display of sexually explicit conduct	Class	A	Felony
163.684	Encouraging child sexual abuse I	Class	B	Felony
163.686	Encouraging child sexual abuse II	Class	C	Felony
163.687	Encouraging child sexual abuse III	Class	A	Misdemeanor
163.700	Invasion of personal privacy	Class	A	Misdemeanor
163.732	Stalking	Class Class	A C	Misdemeanor; or Felony

167.007	Prostitution	Class	A	Misdemeanor
167.012	Promoting prostitution	Class	C	Felony
167.017	Compelling prostitution	Class	B	Felony
475.992	DCS I DCS II DCS III	Class Class Class	A B C	Felony Felony Felony

6. The applicant, all designated managers, and all persons acting on behalf of the business, including personal escort/models and runners, are at least 18 years of age;

7. The applicant has not had a permit which was issued pursuant to this Chapter or any other similar authority, refused, suspended or revoked within the five-year period immediately preceding the date of filing of the application; and,

E. The Bureau of Licenses shall deny an application if any of the requirements set forth in Section D. 1 through 8 of this Section have not been met. In the event of denial, the applicant shall be notified by mail of the denial and the reasons therefore. The applicant may appeal the denial pursuant to Section 14.44.140.

F. The Portland Police Bureau shall keep the applications and all attachments in a separate location containing only personal escort/modeling business and personal escort/model, and runner applications, identification cards, and permits.

G. A permittee shall notify the Bureau of Licenses in writing of any changes in or additions to the information required to be furnished in an application within ten days of the date of the changes or additions.

14.44.070 Personal Escort/Model, Runner Identification Card Required; Penalty.

A. It shall be unlawful for any person to work or perform services as a personal escort/model or runner unless the person is at least 18 years of age, employed by, contracted with, or referred by a permitted personal escort/modeling business, and in lawful possession of a personal escort/model or runner identification card issued by the Bureau of Licenses to that personal escort/model or runner. Violation of this subsection is punishable upon conviction by a fine of not more than $500.00 or by imprisonment not to exceed 6 months, or both.

B. Each personal escort/model and each runner shall obtain an identification card issued in the escort/model’s or runner’s name. This card shall be carried on the person of any person while engaged in the activity of a personal escort/model or runner within the City of Portland. The identification card shall be displayed upon the request of any law enforcement officer or the Bureau of Licenses while a person is engaged in the activity of a personal escort/model or runner within the City of Portland.

14.44.080 Application for Personal Escort/Model or Runner Identification Card.

A. An applicant for a personal escort/model or runner identification card shall file an application with the Bureau of Licenses.

1. The name of the applicant, including any stage, assumed or professional names currently being used or having been used in the last five years, and the principal occupation of the applicant;

3. Each residence and business address for the two-year period immediately preceding the date of filing of the application and the inclusive dates of each address;

4. Driver’s license, identification card issued by any state, military identification, or passport shall be copied and attached.

5. A copy of a document which proves that the applicant is at least 18 years of age shall be attached;

7. Two current 2" x 2" photographs taken by the Portland Police Bureau Identification Division shall be attached;

8. Whether any similar permit has ever been refused, revoked or suspended, in the City of Portland or elsewhere, and the reason or reasons therefore;

9. All prior criminal convictions, within ten years for any felony, and within five years for any misdemeanor, for crimes detailed in section D.5 below, including the place and court in which the conviction was ordered, and the sentence imposed as a result of the conviction.

10. Fingerprints taken by the Portland Police Bureau Identification Division shall be attached;

12. The name of the business and the business address of the personal escort/modeling business(es) where the applicant intends to be an escort, model, or a runner.

3. The applicant has not made a material misrepresentation of fact in the application;

163.160	Assault IV	Class	A	Misdemeanor
163.165	Assault III	Class	C	Felony
163.175	Assault II	Class	B	Felony
163.185	Assault I	Class	A	Felony
163.190	Menacing	Class	A	Misdemeanor
163.225	Kidnapping II	Class	B	Felony
163.235	Kidnapping I	Class	A	Felony
163.275	Coercion	Class	C	Felony

163.355	Rape III	Class	C	Felony
163.365	Rape II	Class	B	Felony
163.375	Rape I	Class	A	Felony
163.385	Sodomy III	Class	C	Felony
163.395	Sodomy II	Class	B	Felony
163.405	Sodomy I	Class	A	Felony
163.408	Unlawful Sexual Penetration II	Class	B	Felony
163.411	Unlawful Sexual Penetration I	Class	A	Felony
163.415	Sexual Abuse III	Class	A	Misdemeanor
163.425	Sexual Abuse II	Class	C	Felony
163.427	Sexual Abuse I	Class	B	Felony
163.435	Contributing to the sexual delinquency of a minor	Class	A	Misdemeanor
163.445	Sexual Misconduct	Class	C	Misdemeanor

163.670	Using a child in display of sexually explicit conduct	Class	A	Felony
163.684	Encouraging child sexual abuse I	Class	B	Felony
163.686	Encouraging child sexual abuse II	Class	C	Felony
163.687	Encouraging child sexual abuse III	Class	A	Misdemeanor
163.700	Invasion of personal privacy	Class	A	Misdemeanor
163.732	Stalking	Class Class	A C	Misdemeanor; or Felony

167.007	Prostitution	Class	A	Misdemeanor
167.012	Promoting prostitution	Class	C	Felony
167.017	Compelling prostitution	Class	B	Felony
475.992	DCS I DCS II DCS III	Class Class Class	A B C	Felony Felony Felony

6. The applicant has not had a permit which was issued pursuant to this Chapter or any other similar authority refused, suspended or revoked within the five-year period immediately preceding the date of the filing of the application;

F. The Portland Police Bureau shall keep the applications and all attachments in a separate location containing only personal escort/modeling business and personal escort/model and runner applications, identification cards, and permits.

G. A person holding a personal escort/model or runner identification card shall notify the Bureau of Licenses in writing of any changes in or additions to the information required to be furnished in an application within ten days of the date of the changes or additions.

1. A personal escort/modeling business shall not employ, hire, engage, direct, contract with, refer, or permit any person to perform personal escort/modeling or runner activities unless the person has a valid personal escort/modeling or runner identification card issued pursuant to this Chapter.

2. A personal escort/modeling business shall not, while engaged in that business, commit the crime of Prostitution, Attempted Prostitution, Compelling or Promoting Prostitution as provided by State statute, or Unlawful Prostitution Procurement Activity or Loitering to Solicit Prostitution, as provided by Portland City Code.

3. A personal escort/modeling business shall not cause, suffer, permit, encourage, authorize, direct, or facilitate any personal escort/model or runner to violate any of the provisions of Section 14.44.100, for or on behalf of, or at the referral of the personal escort/modeling business.

4. A personal escort/modeling business must include the personal escort/modeling business permit number in any advertisement.

5. A personal escort/modeling business shall not fail to allow inspection of the office and any records and documents required to be made and maintained by this Chapter, by law enforcement officers or the Bureau of Licenses during regular business hours, and upon request and upon reasonable notice during other hours.

6. A personal escort/modeling business shall not contract with or provide services to individuals under 18 years of age unless written authorization to contract with and provide the service is issued to the personal escort/modeling business by that individual’s parent or legal guardian.

7. A personal escort/modeling business shall not fail at all times to maintain an office which meets the requirements of Section 14.44.020 E.

8. A personal escort/modeling business shall not fail to maintain in the office a record of all persons engaged in the personal escort/modeling business and all personal escort/models and runners employed by, contracted with, or referred by the personal escort/modeling business.

9. A personal escort/modeling business shall not fail to maintain in the office a complete record of all personal escort/modeling calls and referrals including the address and unit or room number at which contact is to be made with the patron, the contact number for the patron, a complete description of the services which are to be provided, the date and time of referral, the name and identification card number of the personal escort/model referred, the name and identification card number of any runner involved in the transaction, whether the referral resulted in providing personal escort/modeling, the total amount of consideration to be charged to the patron, and a copy of the contracts and receipts for payment for services.

10. A personal escort/modeling business shall not fail to provide, or cause to be provided to each patron, a written contract and receipt for payment for services, which contract shall clearly state a description of services to be provided, the name and identification card number of the personal escort/model referred, the name and identification card number of any runner involved in the transaction, and the total amount of consideration to be charged to the patron. Further, a personal escort/modeling business shall provide to every patron a written notice containing the following language, prominently displayed in letters no smaller than the following, which is 18 point type:

PROSTITUTION IS A CRIME. PERSONAL ESCORT/MODELING IS REGULATED BY THE CITY OF PORTLAND. IT IS UNLAWFUL FOR ANY PERSON TO OFFER TO OR ENGAGE IN SEXUAL CONTACT FOR A FEE. THESE LAWS ARE STRICTLY COMPLIED WITH BY THIS BUSINESS AND ARE STRICTLY ENFORCED.

11. A personal escort/modeling business shall not fail to notify the Bureau of Licenses of any changes or additions in the information required to be kept current pursuant to Section 14.44.060 G. within 10 days of any change.

12. A personal escort/modeling business shall not fail to comply with all other requirements of this chapter.

2. Violations of Sections 14.44.090 A. 6, 7, 8, 9, 10, 11, and 12 are Minor Violations.

1. A personal escort/model or runner shall not commit the crime of Prostitution, Attempted Prostitution, Compelling or Promoting Prostitution as provided by State statute or Unlawful Prostitution Procurement Activity or Loitering to Solicit Prostitution, as provided by Portland City Code.

2. A personal escort/model or runner shall determine whether an individual seeking personal escort/model or runner services is at least 18 years of age or older. If an individual is under 18 years of age, the personal escort/model or runner shall not provide personal escort/model or runner services to any such individual, unless written authorization to provide the services is issued to the personal escort/modeling business that referred the personal escort/model or runner by that individual’s parent or legal guardian.

3. A personal escort/model shall not allow another person to use his or her personal escort/model or runner identification card.

4. While working, a personal escort/model or runner shall not fail or refuse to present his or her personal escort/model or runner identification card to a law enforcement officer or the Bureau of Licenses upon request.

5. A personal escort/model or runner, while engaged in personal escort/modeling, shall not engage in the practice of massage as defined by the State of Oregon in its regulations of the practice of massage unless the personal escort/model or runner is properly licensed by the State of Oregon.

6. A personal escort/model or runner, while engaged in personal escort/modeling, shall comply with any and all guest registration rules or regulations of any motel or hotel visited or entered.

7. A personal escort/model or runner shall not provide personal escort/modeling to any patron unless that patron has been furnished with a written contract and receipt for payment as required by Section 14.44.090 A. 10.

8. A personal escort/model or runner shall not perform personal escort/model or runner activities without a valid personal escort/model or runner identification card in the personal escort/model’s or runner’s possession.

9. A personal escort/model or runner shall not fail to notify the Bureau of Licenses of any changes or additions in the information required to be kept current pursuant to Section 14.44.080 G. within 10 days of any change.

10. A personal escort/model shall not fail to comply with all other requirements of this Chapter.

2. Violations of Sections 14.44.100 A. 4, 5, 6, 7, 8, 9, and 10 are Minor Violations.

A. A nonrefundable application fee in the amount of $100.00 shall be submitted with each application for a personal/escort model, or runner identification card. Upon approval, an additional fee of $100.00 shall be assessed. A renewal fee of $100.00 shall accompany each renewal application.

B. A fee of $25.00 shall be submitted with each request for the reissuance of a personal escort/model, or runner identification card. Reissuance is limited to lost or stolen cards and reissued cards shall be provided only to the same person to whom the card was originally issued. Identification satisfactory to the Bureau of Licenses must be provided when reissuance is requested.

C. A nonrefundable application fee in the amount of $250.00 shall be submitted with each application for a personal escort/modeling business. Upon approval, an additional fee of $250.00 shall be assessed. A renewal fee of $250.00 shall accompany each renewal application.

D. Fees shall be paid before the Bureau of Licenses will process any application and before the Bureau of Licenses will issue any permit or identification card.

A. The Bureau of Licenses shall assess civil penalties for any Minor Violation of the provisions of Sections 14.44.090 or 14.44.100 as follows:

1. If the Bureau of Licenses determines that a permittee has committed any Minor Violation of Section 14.44.090 or 14.44.100 and is subject to a civil penalty pursuant to this Section, the Bureau of Licenses shall give written notice thereof to the permittee. The notice shall contain a brief description of the Bureau of Licenses’ findings regarding the facts underlying the violation, including the date and place the violation occurred, the penalty assessed, and the authorization therefore. The notice shall also contain the date the penalty shall become final and payable and a notice of the permittee’s right to appeal the civil penalty.

2. The notice shall be mailed by certified mail, return receipt requested, and regular mail to the permittee at the most recent address listed by the permittee with the Bureau of Licenses. At the Bureau of Licenses’ option, the notice may be personally served on the permittee in the same manner as a summons in an action at law. The notice shall be effective upon mailing or completion of personal service.

3. The civil penalty shall be final and payable ten days after notice is mailed or served unless an appeal is filed pursuant to Section 14.44.140.

A. The Bureau of Licenses shall revoke a permit or an identification card whenever the Bureau of Licenses determines that:

1. The permittee has made a material misrepresentation of fact in an application or any other information required to be provided to the Bureau of Licenses; or,

2. The permittee has committed any Major Violation of Sections 14.44.090 or 14.44.100, or three or more Minor Violations of Sections 14.44.090 or 14.44.100 within any 12 month period; or,

3. The permittee has failed to pay any civil penalty within ten days of the date the penalty becomes final and payable or within ten days of the final order entered in any appeal therefrom directing payment by the permittee.

1. If the Bureau of Licenses determines that cause for revocation of a permit or identification card exists, the Bureau of Licenses shall provide written notice thereof to the permittee. The notice shall contain a brief description of the Bureau of Licenses’ findings regarding the facts supporting the revocation, the date the revocation shall become final and a notice of the permittee’s right to appeal the revocation.

3. The revocation shall become final and effective ten days after notice is mailed or served unless an appeal is filed pursuant to Section 14.44.140.

4. Upon revocation, any permit or identification card shall be surrendered to the Bureau of Licenses. Any law enforcement officer or the Bureau of Licenses is authorized to seize any permit and/or identification card which has been revoked and not surrendered.

Any permittee directed to pay a civil penalty under Section 14.44.120 or any permittee whose permit or identification card has been revoked under Section 14.44.130, may appeal the civil penalty or revocation to the Code Hearings Officer pursuant to the provisions of Portland City Code Chapter 22.10.

If any part or provision of this Chapter, application thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the application of the provision or part thereof, to any persons not similarly situated or to other circumstances, shall not be affected hereby, and shall continue in full force and effect. Provisions of this chapter are severable.

14.45.080 Issuance and Renewal of Permit to Entertain In or Be Employed by an Adult Business.

The purpose of this Chapter is to provide for the regulation of certain types of adult business activities that the Council finds present an extraordinary risk of being utilized to facilitate and conceal criminal conduct including offenses involving prostitution, controlled substances, fraud, obscenity and often involving organized, systematic criminal activities. Therefore, this Chapter is intended to minimize such risk by providing for the strict regulation of such business activities and by prohibiting those persons who have previously been involved in such criminal conduct from participating in such business activities. In making this determination, the Council has specifically considered the impact that such regulations will have upon the competitive nature of such business activities, and finds that the need for such regulations outweighs such impact.

A. “Adult business” means the operation of any establishment(s) which does (do) not serve alcoholic beverages for consumption, to which the public has access, whether or not by purchase of an admission ticket or membership, and which is (are) utilized to present, as a substantial or significant portion of its entertainment, live performances that involve nudity, but excluding those business activities regulated by Chapter 14.44 of this Code.

B. “Nudity” or “nude” means being devoid of a covering for the male or female genitalia consisting of an opaque material which does not simulate the organ covered and the case of a female exposing to view one or both breasts without a circular covering, centered on the nipple, that is at least 3 inches in diameter and does not simulate the organ covered.

A. It shall be a violation of this Code for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Portland, the operation of any adult business unless a permit for such business has first been obtained from the Bureau of Licenses. Provided that no permit shall be required for an adult business that presents live performances that involve nudity not more than 4 days per month.

B. It shall be a violation of this Code for any person to entertain in any adult business or to be employed by any adult business unless a permit for such entertainment or employment has first been obtained from the Bureau of Licenses. Provided that no permit shall be required to entertain in or be employed by an adult business when such business presents live performances that involve nudity not more than 4 days per month.

A. Every applicant for a permit to own, maintain, operate or conduct an adult business shall file an application with the Bureau of Licenses and pay a nonrefundable fee of $500.

B. Every applicant for a permit to entertain or be employed by an adult business shall file an application with the Bureau of Licenses and pay a nonrefundable fee of $50.

A. An application for such an adult business permit shall set forth the following:

2. Business occupation, or employment for the 3 years immediately preceding the date of application;

3. The business license and permit history of the person operating a business identical to or similar to those regulated by this Chapter or by Chapter 14.44;

4. Whether such person, previously operating such business in this or any other city or state under any license or permit, has had such license or permit revoked or suspended, the reason(s) therefor, and the business activity or occupation of the person subsequent to such action of suspension or revocation.

5. The name, address, telephone number, birth date, and principal occupation of the applicant and managing agent;

6. The name, address, and telephone number of the business or proposed business and a description of the exact nature of the business to be operated;

7. Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth the names, birth dates, addresses, telephone numbers, principal occupations and respective ownership shares of each partner, whether general, limited, or silent. If a corporation, the application shall set forth the corporate name, a copy of the Articles of Incorporation, and the names, addresses, birth dates, telephone numbers and principal occupations of every officer, director and shareholder (having more than 5 percent of the outstanding shares)and the number of shares held by each;

8. Any criminal convictions, or arrests relating to theft, controlled substances, gambling, prostitution, obscenity, fraud, tax evasion, or racketeering as defined in Chapter 166 of Oregon Revised Statutes, of each applicant and natural person enumerated in paragraphs (1) through (7) of this Section.

9. All residence addresses for the past 3 years of each natural person enumerated in paragraphs (1) through (7) of this Section.

10. A personal financial statement of each natural person enumerated in paragraphs (1) through (7) of this Section, including the location of all of such persons’ bank accounts, the amounts respectively deposited therein, and a complete listing of all outstanding debts and loans.

B. Each applicant and natural person enumerated in Subsection (a) of this Section shall personally appear before the Chief of Police, or his designee, for fingerprinting and the taking of photographs.

C. The application form required pursuant to this Section, which contains personal and business information, shall remain confidential to the maximum extent permitted by law.

A. An application for a permit to entertain or work in an adult business shall set forth the following:

2. The name, address, telephone number, birth date and principal occupation of the applicant;

4. The name of the business and the business address of the adult business(es) where the applicant intends to entertain or work, if known;

5. The business, occupation, or employment history of applicant for the 3 years immediately preceding date of application;

6. Any arrests or criminal convictions relating to theft, controlled substances, gambling, obscenity, prostitution, fraud, tax evasion, or racketeering as defined in Chapter 166 of Oregon Revised Statutes; and, in the case of any person who will carry out any work relating to security or maintaining order in an adult business, such as a “bouncer,” any arrests or convictions relating to harassment, assault, menacing or the use of possession of weapons as defined in Oregon Revised Statutes.

B. Each applicant shall personally appear before the Chief of Police or his designee for fingerprinting and the taking of photographs.

C. The application form required by this Section, which contains personal information, shall remain confidential to the maximum extent permitted by law.

Upon the filing of an application for and payment of the required fee, the Chief of Police shall conduct an investigation of the applicant and the Director of the Bureau of Licenses shall issue such permit if no cause for denial as noted herein exists.

1. The applicant, or any other person who will be directly engaged in the management or operation of the business, or any person who owns a 5 percent or more interest in the business, has previously owned or operated a business regulated by this Chapter or by Chapter 14.44 of this Code and the license or permit for such business has been revoked for cause which would be grounds for revocation pursuant to this Chapter, or if such business has been found to constitute a public nuisance and abatement has been ordered; or if such person has been convicted of or evidence exists that supports a finding by the preponderance of the evidence the applicant or such other person has committed any criminal offense noted in Section 14.45.050.

2. The operation as proposed by the applicant would not comply with all applicable requirements of this Code including but not limited to the Building, Health, Planning, Zoning and Fire Codes of the City of Portland.

3. Any statement in the application is found to be false or any required information is withheld.

4. Any employee is found to have committed any criminal offense noted in Section 14.45.060, or Section 14.24.060 of this Code, and such violation either occurred on the premises of the establishment subject to the permit, or was connected in such time and manner with the operation of the establishment, so that the person(s) in charge of the adult business knew, or should reasonably have known, that such violation(s) would occur.

B. For the purpose of this Chapter, the offenses listed in this Section shall be considered to be defined by the statutes of the State of Oregon unless otherwise specified. Any arrest or conviction for conduct other than that denoted by the statutes of the State of Oregon or ordinances of the City of Portland specified herein shall be considered to be equivalent to one of such offenses if the elements of such offense for which the person was arrested or convicted would have constituted one of the above offenses under the applicable Oregon statutes or Portland ordinance provisions.

C. Notwithstanding the mandatory direction of Subsection A., the Director of the Bureau of Licenses may grant a permit, with the concurrence of the Chief of Police, despite presence of one or more of the factors enumerated, if he concludes that the applicant has established to his satisfaction that the behavior evidenced by such factor is not likely to recur, or is remote in time, or occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of this Chapter.

D. The permit shall be for a term of one year, shall be nontransferable, shall expire on the first anniversary of its issuance, shall be valid only for a single location, and shall be displayed on such premises so as to be visible to patrons. When the business location is changed, the address of the new location shall be provided in writing to the Bureau of Licenses for approval at least 10 days prior to such change.

E. Denial of a permit may be appealed to the City Council by filing written notice of an appeal with the Auditor within 10 days of the date of denial.

14.45.080 Issuance and Renewal of Permit to Entertain In or Be Employed by an Adult Business.

Upon receipt of an application for a permit to entertain in or to be employed by an adult business, the Chief of Police shall conduct an investigation of the applicant and the Director of the Bureau of Licenses shall issue such permit if no cause for denial as noted herein exists.

1. The applicant has been convicted of or evidence exists that supports a finding by the preponderance of the evidence that the applicant has committed any criminal offense noted in Section 14.45.060.

C. Notwithstanding the mandatory direction of Subsection (1)., the Director of the Bureau of Licenses may grant a permit, with the concurrence of the Chief of Police, despite the presence of one or more of the factors enumerated, if he concludes that the applicant has established to his satisfaction that the behavior evidenced by such factor is not likely to recur, or is remote in time, or occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of this Chapter.

D. The permit shall be for a term of one year, shall be nontransferable, shall expire on the first anniversary of its issuance and shall be available for inspection at such premises in which the permittee is entertaining or employed.

E. Denial of a permit may be appealed to the City Council by filing written notice of an appeal with the Auditor within 10 days of the date of denial.

A. Any permit issued for an adult business pursuant to this Chapter may be revoked or suspended by the Director of the Bureau of Licenses, with the concurrence of the Chief of Police, for any cause which would be grounds for denial of a permit or where investigation reveals that any violation of the provisions of this Chapter or any offense noted in Section 14.45.060 has been committed by any person who entertains or is employed on the premises and such offense is connected in time and manner with the operation of the establishment so that the person(s) in charge of such establishment knew, or should reasonably have known, that such violations have been permitted to occur on the premises by the permit holder or any employee, or that a lawful inspection has been refused, or that such adult business activities cause significant litter, noise, vandalism, vehicular or pedestrian traffic congestion, or other locational problems in the area around such premises.

B. Any permit issued to any person to entertain or work in an adult business may be revoked or suspended by the Director of the Bureau of Licenses for any cause which would be grounds for denial of a permit.

C. Any permit shall be revoked or suspended if any statement contained in the application therefor shall be found to have been false.

D. The Director of the Bureau of Licenses, upon revocation or suspension of any permit issued pursuant to this Chapter, shall give the permittee written notice of such revocation or suspension by causing notice to be served upon the permit holder at the business or residence address listed on the permit application. Service of such notice shall be accomplished either by mailing the notice by certified mail, return receipt requested, or at the option of the Director of the Bureau of Licenses, by personal service in the same manner as a summons served in an action at law. When notice is sent by certified mail and is returned, receipt unsigned, service of notice shall be accomplished by personal service in the same manner as a summons served in an action at law. Refusal of the service by the person whose permit is suspended or revoked is prima facie evidence of receipt of the notice. Provided further, that service of notice upon the person in charge of a business during its hours of operation shall constitute prima facie evidence of notice to the person holding the permit to operate the business. Suspension or revocation shall be effective and final 10 days after the giving of such notice, unless such suspension or revocation is appealed by filing a written notice of appeal to the City Council with the Auditor of the City of Portland.

The filing of an appeal of a revocation or suspension of a permit under this Chapter shall stay the effectiveness of such suspension or revocation until the appeal is determined by the Council. Upon receipt of notice of the appeal, the Auditor shall give notice of the filing of the appeal to the Director of the Bureau of Licenses, who shall file a report with the Council containing the reasons for such denial, revocation or suspension. The notice of appeal filed with the Auditor shall contain an address for the appellant to which all notices herein required may be mailed. The Auditor shall set a date for a Council hearing upon the denial, revocation or suspension. At the hearing the Director of the Bureau of Licenses or his designee shall report to the Council his reasons for denying, revoking or suspending the permit. The person whose application has been denied or whose permit has been revoked or suspended shall have the right to call witnesses and be heard by Council and file a written statement in his behalf. At the conclusion of the hearing, the Council shall determine the appeal and the decision of the Council shall be final. If the Council denies the appeal, the revocation, or suspension shall be effective immediately.

A. No person who has been issued a permit to operate a business regulated under this Chapter shall permit any person to engage in any conduct for which a permit is required by Section 14.45.030 B unless:

1. such person has a valid permit issued by the Director of Bureau of Licenses to perform such act; and

2. written notice has been given to the Director of the Bureau of Licenses that such person will engage in such activity on the premises; and

3. the name and current residence address of such person has been placed on file with the Director of the Bureau of Licenses.

Upon termination of the employment of any such person, the business permit holder shall give written notice of such termination to the Director of the Bureau of Licenses within 10 days of such termination. Further, the adult business permit holder shall, within 10 days thereof, inform in writing the Director of the Bureau of Licenses of any change in the information required by Section 14.45.050.

B. A current, complete copy of all financial records required to be kept by an adult business permit holder for Oregon state and federal tax purposes regarding the operation of such business shall be maintained on such business premises. Such records shall be subject to inspection pursuant to Section 14.45.170 of this Chapter.

D. All nude entertaining shall only occur on a stage which is raised at least 2 feet from the level of the main floor in the adult business, and shall only be provided by persons who have a valid permit when required by this Chapter.

E. No person shall be admitted to an adult business as a patron or customer unless such person is 18 years of age or older or accompanied by parent or guardian.

F. No person under the age of 18 shall entertain in or be employed by an adult business.

G. No person employed by an adult business shall engage in any activity on any property in the vicinity of any adult business for the purpose of soliciting, beckoning, requesting, or suggesting to any person(s) to enter such premises as a patron.

A. It shall be unlawful for any person while engaging in nude entertaining in an adult business to come into physical contact with any patron.

B. It shall be unlawful for any person while engaging in nude entertaining in an adult business to directly or indirectly accept any gratuity.

C. It shall be unlawful for any person who performs nude entertainment in an adult business, while not entertaining, to come into physical contact with any patrons or to appear in any area to which patrons have access, while in a state of nudity.

No adult business regulated under this Chapter shall cause to be placed or maintained, in such a location as can be viewed by persons on any public street, any sign(s), photographic, pictorial, or other graphic representation(s) that depict in whole or in part, or any page, poster or other printed matter bearing a verbal description or narrative account of, the following:

A. Sadomasochistic abuse, sexual conduct or sexual excitement, as defined in ORS 167.060; or

No nude entertaining shall occur in an adult business between the hours of 2:00 a.m. and 8:00 a.m.

No adult business shall have a window or door on the exterior wall which permits an interior view of the premises from the street or sidewalk.

14.45.160 Maintenance of Premises in Violation Declared a Nuisance; Abatement.

A police officer or an inspector of the Bureau of Licenses may, during hours the establishment is open for business, upon presentation of proper identification, inspect those portions of any premises in which an adult business regulated under this Chapter is conducted that are open to or frequented by patrons and the records kept on the premises as required by Section 14.45.110(b). Such inspection shall be limited in scope to that necessary to determine compliance with the regulatory provisions of this Chapter. Failure to permit such inspection shall be grounds for revocation or suspension of the permit required by this Chapter.

A. The violation of any provision of this Chapter shall subject the violator to suspension or revocation of the involved permit pursuant to Section 14.45.090 as well as judicial proceedings as noted in Section 14.45.160.

B. Violation of any provision of Section 14.45.120 is punishable upon conviction by a fine of not more than $500 or by imprisonment not to exceed 6 months, or both.

“Specified sexual activities” means real or simulated acts of human sexual intercourse, masturbation, sadomasochistic abuse, or sodomy; or human genitals in a state of sexual stimulation or arousal.

(Amended by Ordinance Nos. 160393 and 164845, effective Nov. 27, 1991.) In interpreting the provisions of this Chapter, the following words shall have the meanings ascribed to them in this Section:

A. “Bingo or lotto” means a game, played with cards bearing lines of numbers, in which a player covers or uncovers a number selected from a container, and which is won by a player who is present during the game and who first covers or uncovers the selected numbers in a designated combination, sequence or pattern.

B. “Bookmaking” means promoting gambling by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

C. “Chain letter or pyramid scheme” means any system, scheme or device, whether operated by letters, circulars, cards or other written or printed instrumentalities, or orally, or by any other system whatsoever, whereby it is represented, proposed or held out, that upon the payment, deposit, transmission, donation or surrender of any sum of money, or any other thing of value, the person so paying, depositing, transmitting, donating or surrendering money, or other thing of value, may receive in return therefor money, or any other thing of value, in an amount greater than the sum so paid, deposited, transmitted, donated, or surrendered by such person; such receipt of money, or other thing of value, to be in a sum greater than the value of the money, or other thing of value, paid, deposited, transmitted, donated or surrendered, being dependent, either wholly or in part, upon that person’s paying, depositing, transmitting, donating or surrendering money, or any other thing of value; determination of when such persons shall receive such greater sum of money, or other thing of value, being effected by any system or scheme whereby the names of persons paying, depositing, transmitting, donating or surrendering any sum of money, or other thing of value, are arranged so that the payment, donation, or contribution to them depends upon a scheme whereby their names appear at the top or other designated place upon a list according to the number order or rotation of such persons who have, or who may thereafter pay, deposit, donate, transmit or surrender any sum of money, or other thing of value, to participate therein.

D. “Contest of chance” means any contest, game, gaming schemes, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

E. “Gambling” means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his or her control or influence, upon an agreement or understanding that he/she or someone else will receive something of value in the event of a certain outcome, including a chain letter or pyramid scheme. “Gambling” does not include:

1. Bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health, or accident insurance.

2. Social games if conducted pursuant to a valid permit issued pursuant to Chapter 14.67 of this Code, or if conducted as a game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation thereof.

3. Bingo, lotto or lotteries operated by an organization which has complied with State laws and has been licensed by the Department of Justice, pursuant to Chapter 167 of the Oregon Revised Statutes.

4. Wagers placed at any event licensed by the Oregon Racing Commission pursuant to Chapter 462 of Oregon Revised Statutes.

5. Video lottery games, game terminals and equipment operated by the Oregon Lottery Commission, or under the authority of the Oregon Lottery Commission.

1. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones; and

2. The winning chances are to be determined by a drawing or by some other method; and

G. “Numbers scheme or enterprise” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event otherwise unrelated to the particular scheme.

H. A person does not render material assistance to the establishment, conduct or operation of gambling activity at a social game or a bingo or lotto game on equal terms with the other participants therein, nor by performing, without fee or remuneration, acts directed toward the arranging or facilitating of the game, such as inviting persons to play, permitting the use of premises therefor, and supplying cards or other equipment used therein.

I. “Profit from gambling” means that a person, other than as a player, accepts or receives money or other property pursuant to an agreement or understanding with another person whereby he participates or is to participate in the proceeds of gambling.

J. “Promote gambling” means that a person, acting other than as a player, engages in conduct that aids any form of gambling. Conduct of this nature includes, but is not limited to, conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the conduct of the playing phrases thereof, toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person promotes gambling if, having control or right of control over premises being used with his knowledge for purposes of gambling, he permits the gambling to occur or continue or makes no effort to prevent its occurrence or continuation.

1. A game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and

2. A game, other than a lottery, between players in a private business, private club or place of public accommodation, authorized pursuant to Chapter 14.67 of this Code, where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

L. “Something of value” means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein.

A. It is unlawful for any person to participate or engage in any gambling activity as a player, or for any person to frequent or remain at any place where gambling activity is being conducted.

B. It is unlawful for any person to promote gambling or for any person to profit from gambling.

It is unlawful for any person, either as principal, agent, servant or employee, to establish, maintain, conduct, manage, profit from, operate or carry on any chain letter or pyramid scheme; or to solicit or advertise any such scheme; or to list persons who have paid, deposited, donated, transmitted or surrendered any sum of money, or any other thing of value, to any such scheme. It is unlawful for any person, firm or corporation to let, lease or rent any building, house, room, structure, lot or any other real property and permit, suffer or allow any such scheme to be established, maintained, conducted, managed or operated therein or thereon.

14.66.050 Maintenance of Premises for Gambling Declared a Nuisance; Abatement.

Any premises utilized for conducting gambling activities in violation of the provisions of this Chapter is hereby declared to be a public nuisance. The City Attorney is authorized to bring any action or suit to abate such nuisance in any court of competent jurisdiction when he has reasonable grounds to believe a nuisance under this Section exists, regardless of whether or not any person has been convicted of any violation of this Chapter or Oregon Revised Statues relating to unlawful gambling offenses.

A. Any violation of Section 14.66.020 A is punishable upon conviction by a fine of not more than $500.

B. The violation of any provision of this Chapter other than Section 14.66.020 A is punishable by a fine of not more than $500 and/or by imprisonment not to exceed 6 months.

A social game between players in a private business, private club or place of public accommodation is authorized only when the following conditions are met:

B. There is no house income from the operation of a social game. House income is defined to include any income from acts which would constitute the promotion of gambling as defined in ORS 167.117 if social games were not excluded from the definition of gambling; and

D. Persons under 18 years of age are not permitted in the room or enclosure where the social game takes place; and

E. A valid permit issued pursuant to this Chapter is displayed in the room or enclosure where the social game takes place; and

F. The room or enclosure where the social game takes place is open to free and immediate access to any police officer. Doors leading into the social game room must remain unlocked during all hours of operation; and

G. No player shall bet more than $1 in money or other thing of value in any one game, and the amount awarded the winner of a game shall not exceed $1 in money or other thing of value multiplied by the number of players in the game.

A permit shall be required for any person to conduct or carry on, or to permit to be conducted or carried on in any private business, private club or place of public accommodation, any social game, as defined in Section 14.66.010 of this Code. Any violation of conditions A, B, or G of Section 14.67.010 shall be considered to be unlawful gambling in violation of Section 14.66.020 of this Code. Any violation of conditions C, D, E, or F shall be considered grounds for suspension or revocation of such permit pursuant to Section 14.67.050. Such permit is not subject to transfer or assignment, is not valid at any location other than the premises described therein, and shall be dated as of the first day of the month in which issued and shall expire 1 year from that date.

A. The application for a permit to conduct any social game activity shall set forth all information deemed necessary by the Director of the Bureau of Licenses consistent with the regulations provided in this Chapter, including but not limited to a description of the premises subject to the permit, and the fingerprints of the owner(s), officers, principal managing employees and all employees who are involved in conducting the game activities or operating the game premises of the applicant. For the purposes of this Section, “principal managing employee” shall include any person who is a proprietor or partner of the applying organization, any person who owns or controls 5 percent or more of the outstanding capital stock where the organization is a corporation, any person who has supervisory authority over employees and/or operations of the business as it relates to the conduct of permitted social games, and any person who has the authority to supervise the premises and conditions under which permitted social games are conducted. Where the permit applicant is a nonprofit membership organization, “principal managing employee” shall also mean the chief elected official of the organization and any other elected official(s) whose authority extends to the supervision or management of permitted Social Games. The Business Licenses Director may, with the concurrence of the Chief of Police or his designee, exempt a corporate stockholder from the definition “principal managing employee” when it is shown that the involvement of such stockholder(s) in the operations of the applying organization is limited to stock ownership and that such stockholder(s) has no role in the conduct of the organization’s operations. All persons required

to supply information in the application shall by oath or affirmation swear to the veracity of the information supplied by them. The Director shall be notified by the person issued the permit within 10 days of any change in owners, officers or principal managing employees that occurs subsequent to permit issuance.

B. There shall be no right to renewal of a permit; each application shall be considered as being for a new permit notwithstanding the fact that the applicant has previously been issued a permit.

C. Each application for a permit shall be accompanied by a nonrefundable fee of $500.

D. Before issuance of such permit, the Director or his designee shall confer with the Chief of Police or his designee who shall advise whether or not, and on what basis, there exist law enforcement concerns about the particular applicants’ suitability to gain such permit. If the Chief of Police so recommends, then no permit shall be issued, provided that the Council may finally determine, upon appeal by the person denied the permit as noted in Section 14.67.060, that permit shall be issued.

A. An application for a social game permit shall be denied if the Director of the Bureau of Licenses finds;

1. That the applicant, or any person having a financial interest in the private business, private club or place of public accommodation, or any of the officers or principal managing employees of the applicant:

a. Has within 5 years of the present application date been convicted of or if evidence exists that supports a finding by a preponderance of evidence that such person has committed any felony relating to theft, fraud, gambling, controlled substances or prostitution activities;

b. Has within 5 years of the present application date been convicted of or if evidence exists that supports a finding by a preponderance of evidence that such person has committed any misdemeanor or violation under federal or State law or this Code relating to theft, fraud, gambling, controlled substances or prostitution activities or resulting from the conduct of the applicant’s business or activity; or

2. That any violation of federal or State law or this Code relating to gambling has occurred on the premises described in the application. It shall be prima facie evidence of such violation if any person has forfeited bail on, pleaded nolo contendere to, or been convicted of any offense in violation of federal or State law or this Code relating to gambling or gambling devices where the act charged occurred on the premises described in the permit application.

3. That the applicant has permitted the Commission of any criminal act on the premises described in the application or has failed to maintain the premises in conformance with all the requirements of this Code.

B. If one or more grounds for denial of such permit, as described in Subsection A of this Section are not established after investigation of the application by the Director with assistance from the Bureau of Police, then the permit shall be issued as soon as practicable.

A. The permit required under this Chapter may be temporarily suspended for up to 30 days or revoked by the Bureau of Licenses for any reason that would be grounds for denial of an application for a permit. Additionally, such permit may be suspended or revoked when investigation reveals that:

1. Any violation of the provisions of this Chapter or any violation of federal or State law or City ordinance relating to minors, theft, fraud, gambling, obscenity, controlled substances, prostitution or alcoholic beverages has occurred on or in such premises, or that any such violation was connected in time and manner with the operation of such premises and occurred within the proximity of same, or

2. Conducting of social games, as authorized by the permit, in such location causes, because of persons utilizing such premises, disorderly or violent acts, litter, noise, vandalism, vehicular or pedestrian traffic congestion, or other locational problems in the area around such premises.

B. Such suspension or revocation shall become effective 5 days after the Bureau notifies the permittee in writing of the grounds for such revocation or suspension, unless the permittee shall give notice of appeal to the Bureau prior to the effective date of the revocation or suspension, in which case, such suspension or revocation shall not become effective until such appeal is finally determined as noted in Section 14.67.060. If the permittee cannot be found after a reasonable effort to locate him has been made, then such notice may be sent by certified mail to the permit address, or posted at same, and such alternative means of service shall be deemed, for purposes of this Chapter, to be acceptable alternative means of service in lieu of personal service.

C. In lieu of suspending or revoking a permit, or to reduce the involved penalty period, the Director may, on a case-by-case basis, depending upon the severity of the violation and the likelihood of continued unlawful activity on such premises and with the concurrence of the permittee and the Chief of Police, order that a fine of up to $500 per violation of this Code be paid to the City’s General Fund. Failure to pay such fine within 30 days shall be grounds for revocation or suspension of the social games permit.

The sole method of appeal of a denial, revocation, or suspension of a permit shall be as follows:

A. When an application for a permit is denied by the Bureau of Licenses, it shall at once so notify the applicant who may appeal within 10 days thereafter.

B. Upon receipt of notice of appeal of a permit denial, revocation, or suspension, the Director shall appoint a Hearings Officer to hear the appeal. The Hearings Officer shall conduct a hearing on the matter, giving the permittee and the Bureau 10 days notice of the date thereof. The hearing shall be conducted according the procedures established for contested case hearings in ORS Chapter 183. The Hearings Officer shall issue his report within 10 days of the hearing, making findings of fact and determining whether the grounds for revocation or suspension given in the notice have been established by a preponderance of the evidence. His determination shall be final and effective within 10 days of giving notice to the Bureau and the permittee unless appealed to the Council before such time by the party aggrieved by his decision. The Council shall proceed to hear and determine the appeal based on the record made at the hearing, but may, at its discretion, hear other evidence. In all cases, the decision of the Council shall be final.

The permittee shall ensure that no violations of this Chapter of the Code or any of the conditions of Section 14.67.010 or any federal or State law or City ordinance relating to gambling, controlled substances or prostitution occur on the premises described in the permit.

All persons who have been issued permits pursuant to this Chapter shall permit any member of the Bureau of Licenses or any officer of the Bureau of Police, upon presentation of official identification, entry to such premises where social games are conducted for the limited purpose of inspecting such premises and any activities, records, or devices involved in such games to insure compliance with the provisions of this Chapter. Failure to permit any such authorized inspection shall be grounds for suspension or revocation of the involved social games permit.

Each permittee shall cause to be continuously posted in a conspicuous place within the premises where social games are conducted a notice clearly readable in letters at least 1 inch high, that such games must be conducted in accordance with the conditions of Section 14.67.010, which conditions shall be listed in their entirety as party of such notice. Such notice shall also contain a statement indicating that any violation of conditions A, B, or G of Section 14.67.010 shall be considered to be unlawful gambling.

The purpose of this Chapter is to provide for the strict regulation of amusement devices, games and machines in order to reduce the potential for unlawful gambling, adverse neighborhood impacts, and adverse impacts on the welfare and education of children in the City, and to raise revenue.

A. “Amusement device” means any machine, device, or game, including foosball or table soccer games, billiards or pool tables, shuffleboard, shooting gallery devices, miniature bowling games, electronic games of skill, video games, and other similar machines, devices, or games:

a. Ping pong tables, music devices, vending machines, or any rides where no element of chance, bonus, or prize is involved; or

b. Video lottery games, game terminals and equipment operated directly by the Oregon Lottery Commission as a state agency.

B. “Amusement Center” means any location where a person makes seven or more amusement devices available for operation or play at any one time, but excluding any location that:

2. Possesses a current, valid license authorizing the on-premises consumption of alcoholic beverages; or,

3. Is operated primarily as a movie theater, bowling alley, skating rink, or other similar establishment, which displays or operates amusement devices only during the hours that such establishment makes its primary service or activity available to the public.

C. “Director” means the Director of the Portland Bureau of Licenses, or his or her designee.

D. “Display or operation” means to make any amusement device available to the public for use or play, for the purposes of displaying or exercising skill or for amusement, at any public or private location.

E. “Location” means any business establishment, public or private club, association, or any other site where a person makes any amusement device available for display or operation, excepting only private residences in which such amusement devices are available only for display or operation at no cost to the player.

F. “Person” means any real person, or any partnership, association, corporation, or other form of business organization.

A. Enforcement. The Director is authorized to enforce all provisions of this Chapter.

B. Procedures and forms. The Director may adopt procedures and forms to implement the provisions of this Chapter.

A. It shall be unlawful for any person to make available for display or operation any amusement device in which the outcome does not depend in a material degree upon an element of chance, unless all required permits have been obtained, and the display or operation of the amusement device comply with all applicable provisions of this Chapter and of the statues of the State of Oregon.

B. The provisions of this Section shall not exempt any amusement device from any applicable provisions of the Internal Revenue Code requiring federal gaming device tax stamps, or any applicable provisions of the statues of the State of Oregon.

A. It shall be unlawful for any owner of a location to display or make available for operation any amusement device described in Subsection 14.69.035 without first obtaining a valid Location Permit for the location. Location Permits shall be classified with respective nonrefundable fees, as follows:

1. It shall be unlawful for any owner of an amusement center to display or make available for operation any amusement device described in Subsection 14.69.035 without first obtaining a valid Amusement Center Permit. Amusement Center Permits shall be classified with nonrefundable fees according to the number of devices at the location as set forth above.

B. In lieu of all other permits required by this Chapter, any person may make any amusement device described in Section 14.69.035 available for display or operation, for one continuous time period not exceeding 90 days in any calendar year, by obtaining a Temporary Location Permit, which shall require the payment of a nonrefundable fee of $250.

C. All permits issued under this Chapter, except Temporary Location Permits, shall be valid for the calendar year of issue, and shall expire on December 31 of that year. All permits shall contain information regarding the permittee’s identity. No permit issued under this Chapter shall be transferable or assignable under any circumstances.

D. No provision in this Chapter shall be construed to permit the use of any amusement device in violation of State or federal law, or of any of the other provisions of this Code other than those specifically referred to herein.

A. Applications for all permits required by this Chapter shall be made to the Bureau of Licenses on forms provided by the Bureau of Licenses. The applicant shall provide all the information relating to the purposes of this Chapter required on the form by the Bureau of Licenses. Failure to provide any information requested on this form may be cause to deny the requested permit.

B. The Director shall approve issuance of permits after payment of the required fee, completion of the application form and following an investigation of the applicant. However, the Director shall deny a permit application if:

1. The applicant has been convicted of any offense related to minors, juveniles, gambling, obscenity, controlled substances, prostitution or alcoholic beverages;

2. Any person has been convicted of any offense relating to minors, juveniles gambling, obscenity, controlled substances, prostitution or alcoholic beverages occurring at the location for which the permit is to be obtained;

4. The applicant has been a principal owner, operator, manager or supervisor of an amusement location and the activities or patrons of such business caused a significant increase in harassing, disorderly or violent acts, criminal activity, vandalism, litter, liquor law violations, noise or traffic congestion in or around such business;

5. In the Director’s opinion, after investigation of the proposed location of an amusement location, the proposed site would be reasonably likely to result in an increase in those acts noted in part (4) of this Subsection;

6. The business operation as proposed by the applicant would not comply with all applicable requirements of this Code, including, but not limited to, the Building, Health, Planning and Zoning and Fire Codes of the City;

7. The permitted amusement center would be located within 100 feet of any residential zone established by the Planning and Zoning Code or any location within 500 feet of any public or private elementary, junior high or high school or playground, this distance to be measured in a straight line without regard to intervening structures or obstacles from the nearest point of the school property or residential zone to the nearest point of the structure in which the permitted amusement devices would be operated; or,

8. The proposed location of the business operation requiring a Location Permit, would be a detriment to the immediate vicinity due to congregation of pedestrian or vehicular traffic.

C. Notwithstanding subsection B. above, the Director with the concurrence of the Chief of Police may issue a conditional permit if the applicant establishes to the Director’s satisfaction that:

3. The behavior evidenced by such factor occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of this Chapter.

4. Under this subsection, the Director may only issue a permit containing conditions directed at ensuring that such factor shall not recur.

D. Denial of a permit may be appealed by the applicant by filing written notice of an appeal as provided in Section 14.69.130.

A. Any person issued any permit for any amusement device shall supervise the use and operation of such device to prevent its use or operation for any purposes contrary to the provisions of this Chapter or any other violation of the provisions of the City Code or applicable State statutes.

1. All location, amusement center, and temporary location permits issued under this Chapter shall either be:

b. Displayed so as to be visible to the public at all times such device is in a location open to the public; or,

2. If affixed to the amusement device, the permit must be visible for inspection without removing any portion of the amusement device, or any other obstacle, and without physically moving the amusement device from its normal operating position.

3. The entire face of any displayed permit shall be visible. The permit shall be displayed or affixed during its entire term.

C. Any person issued a Location Permit, or a permit to operate an amusement center, shall operate, maintain and supervise the permitted business and its premises, including parking facilities, to prevent:

1. Violations of the provisions of the Portland City Code, state, or federal law, relating to juveniles, minors, alcoholic beverages, gambling, obscenity, controlled substances, prostitution, or crimes against persons or property as defined by the Oregon Revised Statutes, that are connected in a time and manner with the operation and proximity of such premises;

3. Any significant increase in litter, noise, vehicular or pedestrian traffic congestion, or other locational problems in the area around such business.

A. Any person issued permits under this Chapter, or who controls any location in which a permitted amusement device is located, shall permit any Bureau of Licenses’ representative or Bureau of Police officer upon presentation of official identification, to enter such location for the limited purposes of inspecting all records, amusement devices and premises regulated under this Chapter, to which the public has access, to ensure compliance with the provisions of this Chapter.

B. Inspections under this Section shall be authorized only during normal business hours.

1. Failure to permit an inspection authorized under this Section shall be grounds for suspension or revocation of any permit required under this Chapter.

A. It shall be unlawful for any person to make an amusement device available for use or operation without first obtaining all permits required pursuant to this Chapter.

B. It shall be unlawful for any person in control of an amusement device to display an expired permit.

C. It shall be unlawful for any person to possess or control an amusement device which has any paper, sticker, tag or other device affixed, attached or placed on the device which purports to be a permit issued by the City or implies that the City has issued a permit when the paper, sticker, tag or other device was not issued by the City.

D. It shall be unlawful to knowingly or intentionally use or permit the use or operation of an amusement device for any gambling purposes, whether by operation of the amusement device or based upon results obtained through use or operation of the device.

E. It shall be unlawful for any owner to transfer ownership of any amusement location permitted under this Chapter without first removing the permit from the location.

F. It shall be unlawful for any person to sell, rent, give, loan or otherwise assign or transfer any permit issued under this Chapter.

G. It shall be unlawful for any person to operate an amusement center without having a permit issued pursuant to this Chapter.

A. The Director may suspend or revoke any permit issued under this Chapter upon finding reasonable grounds to believe, based upon an investigation, that:

2. An intentional or knowing violation by the permittee of any provision of this Chapter has occurred; or,

3. Any violation by any person of any City ordinance or state or federal statute has occurred relating to gambling while using, operating or playing any such amusement device. Persons holding permits shall be considered to be responsible for any gambling activity of any employee relating to any permitted amusement device. Pursuant to this Section, permits may be suspended or revoked for any violation of law relating to gambling activity relating to permitted amusement devices or premises.

B. A suspension or revocation ordered by the Director shall not become effective until the permittee is served with written notice of the suspension or revocation, the reasons therefor, and the limited right of appeal pursuant to Section 14.69.130, either personally or by delivery or posting of the notice at the location of the involved amusement device or business. The suspension or revocation may be appealed by filing written notice of an appeal as provided in Section 14.69.130.

A. Upon a determination that any provision of this Chapter has been violated, the Director shall issue a written Notice of Violation and assess civil penalties. The notice shall state the nature of the violation, the date of the violation, and the date by which such violation must be corrected and any civil penalties which must be paid to prevent the amusement device from being sealed. The person responsible for the violations shall be allowed 5 days in which to correct the violation.

1. If a violation is not corrected and civil penalties paid within the time period allowed in Subsection A. above, the Director may seal the coin slot of any amusement device involved in the violation. If an amusement device is sealed, the Director may remove the seal only if the person responsible for the violations has corrected the violations and paid any penalties imposed under this Chapter.

2. It shall be unlawful for any other person other than the Director to remove or alter a seal. If a seal is unlawfully removed or altered, the sealed amusement device shall be subject to seizure and destruction pursuant to this Section.

3. If within a single calendar year a permittee has been issued a Notice of Violation, the Director may seal any amusement device and impose penalties for all further violations by that permittee within that calendar year without first issuing a Notice of Violation or allowing time to correct the violations.

C. A sealed amusement device shall be subject to seizure and destruction as a public nuisance if:

1. The violation is not corrected and all penalties paid within 5 days of sealing; or

2. Upon the occurrence of any subsequent violations of this Section by any one owner or lessor within any calendar year.

D. The Bureau of Police shall assist the Bureau of Licenses in the seizure of the amusement device. The City Attorney is authorized to bring any suit or action for the destruction of the amusement device as a public nuisance.

E. The owner of any amusement device seized for destruction may, within 10 days of the permittee being served with written notice of such seizure, file a written notice of appeal as provided in Section 14.69.130.

A. The Director may impose civil penalties for violations of the provisions of this Chapter according to the following schedule:

1. Sealed amusement device removed from location: the penalty shall be up to $50 per amusement device.

2. Failure to obtain proper location permit: the penalty shall be up to $50 per amusement device.

3. The unlawful removal of seal from amusement device: the amusement device shall be subject to seizure and destruction pursuant to Section 14.69.100.

1. In calculating the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the Director shall consider:

b. The economic or financial benefit accruing or likely to accrue as a result of the violations;

c. Whether the violations were repeated or continuous, or isolated and temporary;

e. The City’s costs of investigating the violations and correcting or attempting to correct the violation; and,

2. The Director shall provide notice of the assessment of civil penalties in the Notice of Violation under Section 14.69.100 A.

C. No person assessed a penalty under this Section shall be issued a permit under this Chapter until all such penalties have been paid in full.

D. Civil penalties imposed pursuant to this Section shall be the only penalties authorized for such violations.

E. Any person assessed a penalty may, within 10 days of receiving such written order, file a written notice of appeal as provided in Section 14.69.130.

Except as provided in Section 14.69.110, the intentional or knowing violation of any provision of this Chapter is punishable upon conviction by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.

A. The filing of a notice of appeal to the Code Hearings Officer, as set out in Chapter 22.10 of this Code, of revocation or suspension of a permit, or of any civil penalty imposed by the Director under this Chapter, or of any seizure of an amusement device for destruction, shall stay the effective date of the action until the appeal is determined by the Code Hearings Officer.

B. The notice of appeal shall be in writing. The notice shall state the name and address of the appellant to which all required notices may be mailed. The notice shall also indicate the reasons why the appealed action was wrong and what the correct determination should be.

A. The purpose of this chapter is to encourage alarm users and alarm businesses to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarm systems, to prevent unnecessary police emergency response to false alarms, and thereby to protect the emergency response capability of the City from misuse.

B. This chapter governs burglary and, robbery alarm systems, requires permits, establishes fees, provides for allocation of revenues and deficits, provides for fines for excessive false alarms, provides for discontinuation of police response to alarms, provides for punishment of violations and establishes a system of administration.

A. “Alarm Business” means the business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

B. “Alarm System” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police are expected to respond.

C. “Alarm User” means the person, firm, partnership, association, corporation, company or organization of any kind which owns, controls or occupies any building, structure or facility wherein an alarm system is maintained.

D. “Automatic Dialing Device” means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system.

E. “Bureau of Emergency Communications” is the City/County facility used to receive emergency and general information from the public to be dispatched to the respective police departments utilizing the Bureau.

F. “Burglary Alarm System” means an alarm system signaling an entry or attempted entry into the area protected by the system.

G. “Sheriff” means Sheriff of Multnomah County or his designated representative.

H. “Coordinator” means the individual designated by the Sheriff to issue permits and enforce the provisions of this chapter.

I. “False Alarm” means an alarm signal, eliciting a response by police when a situation requiring a response by police does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

J. “Interconnect” means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

K. “Primary Trunk Line” means a telephone line serving the Bureau of Emergency Communications that is designated to receive emergency calls.

L. “Robbery Alarm System” means an alarm system signaling a robbery or attempted robbery.

M. “No Response” means police officers will not be dispatched to investigate a report of an alarm signal.

N. “Chief of Police” or “Chief” means the Chief of Police of the City of Portland Bureau of Police or a designated representative.

O. “Sound Emission Cutoff Feature” means a feature of an alarm system which will cause an audible alarm to stop emitting sound.

P. “System Becomes Operative” means when the alarm system is capable of eliciting a response by police.

Q. “Economically Disadvantaged Person” means a person receiving public assistance and/or food stamps.

A. Every alarm user shall obtain an alarm user’s permit for each system from the Coordinator’s Office within 30 days of the time when the system becomes operative. Users of systems with both robbery and burglary alarm capabilities shall obtain separate permits for each function. Application for a burglary or robbery alarm user’s permit and the fee for each shall be filed with the Coordinator’s office each year. Each permit shall bear the signature of the Sheriff and be for a 1 (one) year period immediately following issuance of the permit. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the Chief or Sheriff.

B. A yearly fee, permit surcharge, and renewal fee shall be established by the Bureau of Police. The fees established under this Section shall not become effective until approved by the Commissioner in charge of the Bureau of Police.

C. If a residential alarm user is over the age of 62 and/or is an economically disadvantaged person and resides where the permitted alarm is located and if no business is conducted in the residence, a user’s permit may be obtained from the Coordinator’s Office according to Section 14.74.050 A without the payment of a fee.

D. A surcharge will be charged in addition to the fee provided in Section 14.74.050 A to a user who fails to obtain a permit within 30 days after the system becomes operative or who is more than 30 days delinquent in renewing a permit.

E. an alarm user fails to renew a permit within 30 days after the permit expires, the coordinator will notify the alarm user, by certified mail, that, unless the permit is renewed and all fees and fines are paid within 30 days from the date of mailing of the certified letter, Police response to the alarm will thereafter be suspended.

A. Fines will be assessed by the Coordinator for excessive false alarms during a permit year as follows:

B. The Coordinator will send a Notification of Alarm by regular mail to notify the alarm user and the alarm business of a false alarm and the fine and the consequences of the failure to pay the fine. The Coordinator will also inform the alarm users of their right to appeal the validity of the false alarm to the Sheriff, as provided in Section 14.74.190. If the fine has not been received in the Coordinator’s Office within 30 days of the day Notice of fine was mailed by the Coordinator and there is no appeal pending on the validity of the false alarm, the Coordinator will send the Notice of fine by certified mail along with a notice of late fee of $25. If payment is not received within 10 days of the day the Notice of late fee was mailed, the Coordinator will initiate the no response process according to Section 14.74.110 and may initiate the enforcement of penalties according to Section 14.74.290.

C. The payment of any fine provided for in Section 14.74.070 shall not be deemed to extend the term of the permit.

A. After the second false alarm the Coordinator shall send a notification to the alarm user by regular mail, which will contain the following information:

2. That if two more false alarms occur within the permit year police officers will not respond to any subsequent alarms without the approval of the Sheriff;

3. That the approval of the Sheriff can only be obtained by applying in writing for reinstatement. The Sheriff may reinstate the alarm user upon finding that reasonable effort has been made to correct the false alarms;

4. That the alarm user has the right to contest the validity of a false alarm determination through a False Alarm Validity Hearing, according to Section 14.74.190. The request for such a hearing must be in writing and filed within ten days of the receipt of the Notice of Alarm.

B. After the fourth false alarm within the permit year there will be no police response to subsequent alarms without approval of the Sheriff. The Coordinator shall send a Notice of Suspension of Police Response to:

4. The persons listed on the alarm user’s permit who are to be contacted in case of emergency, by certified mail.

C. The suspension of police response to an alarm shall begin ten days after the date of delivery of the Notice of Suspension of Police Response to the alarm user unless a written request for a False Alarm Validity Hearing has been made as required in Section 14.74.190.

A. An alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to Chapter 14.74, provided:

2. A special alarm user’s permit for a system which has four false alarms in a permit year shall not be subject to the no response procedure specified in Section 14.74.110 but shall pay the regular fine schedule according to Section 14.74.070.

3. The payment of any fine provided for in paragraph 2 of this subsection shall not be deemed to extend the term of the permit.

A. Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on the premises located in the area subject to Chapter 14.74 shall furnish the user with instruction that provided information to enable the user to operate the alarm system at any time. The alarm business shall also inform each alarm user of the requirement to obtain a permit and where it can be obtained.

B. Standard form instruction shall be submitted by every alarm business to the Sheriff. If the Sheriff reasonably finds such instructions to be incomplete, unclear or inadequate, the Sheriff may require the alarm business to revise the instruction to comply with Chapter 14.74 and then to distribute the revised instruction to its alarm users.

A. It is unlawful for any person to program an automatic dialing device to select a primary trunk line and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within 12 hours of receipt of written notice from the Coordinator that it is so programmed.

B. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the City and it is unlawful for an alarm user to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the Coordinator that an automatic dialing is so programmed.

A. An alarm user who wants to appeal validity of a false alarm determination by the Coordinator may appeal to the Sheriff for a hearing. The appeal must be in writing and must be requested within ten days of the alarm user having received Notice of Alarm. Failure to contest the determination in the required time period results in a conclusive presumption that the alarm was false.

B. If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Sheriff by certified mail at least 10 days prior to the date set for the hearing, which date shall not be more than 21 nor less than 10 days after the filing of the request for hearing.

C. The hearing shall be before the Sheriff. The Coordinator and the alarm user shall have the right to present written and oral evidence, subject to the right of cross-examination. If the Sheriff determines that the false alarms alleged have or have not occurred in a permit year, the Sheriff shall issue written findings waiving, expunging or entering a false alarm designation on an alarm user’s record as appropriate. If false alarm designations are entered on the alarm user’s record, the Coordinator shall pursue fine collection as set out in Section 14.74.070.

D. The Sheriff may appoint another person to hear the Appeals and to render judgement.

A. Alarm systems which can be heard outside the building, structure or facility of the alarm user shall be equipped with a sound emission cutoff feature which will stop the emission of sound 15 minutes or less after the alarm is activated.

B. When an alarm system may be heard outside a building, structure or facility for more than 15 minutes continuously or intermittently, and the alarm owner or alarm company is not readily available or able to silence the device, the Portland Police Bureau is authorized to enter the premises and physically disconnect the sounding device. The alarm owner shall be liable for the cost of, or associated with, disconnecting the alarm. Neither the City nor its officers, agents or employees shall be liable for such costs.

C. The alarm owner shall be liable for cost of reconnecting the alarm. Neither the City nor its officer, agents or employees shall be liable for such cost.

A. All information submitted in compliance with Chapter 14.74 shall be held in the strictest confidence and shall be deemed a public record exempt from disclosure pursuant to ORS 192.502. The Coordinator shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under Chapter 14.74.

B. Subject to the requirements of confidentiality, the Coordinator shall develop and maintain statistics having the purpose of assisting alarm system evaluation for use by members of the public.

A. With the exception of the $4.00 per year increase in the yearly fee adopted pursuant to Code Section 14.74.050 B., which shall be paid directly to the City, all fees, fines and surcharges collected pursuant to Chapter 14.74 shall be general fund revenue of Multnomah County; provided, however, that Multnomah County shall maintain records sufficient to identify the municipal jurisdiction from which the revenue is derived, and the types and amounts of that revenue.

B. Multnomah County shall maintain records in accordance with sound accounting principles sufficient to determine on a fiscal year basis the direct costs of administering Chapter 14.74, including salaries and wages (excluding the Sheriff individually), travel, office supplies, postage, printing, facilities, office equipment and other properly chargeable costs.

C. Not later than July 31 of each year, Multnomah County shall render an account to the Chief which establishes the net excess revenue or cost deficit for the preceding fiscal year and shall allocate that excess revenue, if any, or deficit, if any, to the City of Portland, Bureau of Police, proportionately as the number of permits issued for alarm systems within the corporate limits of the City of Portland bears to the whole number of permits issued in Multnomah County; provided, that no allocation shall be made if the net excess revenue or deficit is less that $2500.00.

D. Distribution by the County of any excess revenue or payment of allocated deficit amounts by a municipal corporation shall be made not later than September 1 of each fiscal year.

E. “Sound accounting principles” as used in this Section, shall include, but not be limited to, practices required by the terms of any state or federal grant or regulations applicable thereto which relate to the purpose of this ordinance.

This ordinance shall be liberally construed to effect the purpose of this ordinance and to achieve uniform interpretation and application of this ordinance, the Multnomah County Alarm ordinance and ordinances of other municipal corporations within Multnomah County with the same purpose.

A. Enforcement of this ordinance may be by civil action as provided in ORS 30.315, or by criminal prosecution, as provided in ORS 203.810 for offenses under County law.

B. Violation of this ordinance shall be punishable upon conviction by a fine of not more than $500.

C. The failure or omission to comply with any section of this ordinance shall be deemed a violation and may be so prosecuted, subject to the penalty provided in paragraph B of this Section.

If any article, section, subsection, phrase, clause, sentence or word in this Chapter shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, it shall not nullify the remainder of this Chapter, but shall be confined to the article, section, subsection, subdivision, clause, sentence or word so held invalid or unconstitutional.

(Amended by Ordinance Nos. 163438, 165594 and 173996, effective December 8, 1999.) The following motor vehicles are hereby declared to be nuisances and subject to seizure and in rem civil forfeiture:

A. A motor vehicle operated by a person whose operator’s license is criminally suspended or revoked under ORS 811.182.

B. A motor vehicle used to commit Driving Under the Influence of Intoxicants in violation of ORS 813.010, to the extent forfeiture of such vehicle is permitted under state law.

C. A motor vehicle used to commit prostitution as prohibited by PCC 14.36.065 or as defined in ORS 167.007.

D. A motor vehicle used to commit Fleeing or Attempting to Elude Police under ORS 811.540.

(Amended by Ordinance No. 173996, effective December 8, 1999.) All in rem civil forfeiture proceedings pursuant to this Chapter shall be done in accordance with the provisions of Oregon Revised Statutes Chapter 475A.

(Added by Ord. No. 162675, Jan. 11, 1990.) Conduct involving violation of, solicitation to violate, attempt to violate or conspiracy to violate any provision of ORS 167.002 to 167.027 is hereby declared to be prohibited conduct, and any property that is used to commit or which is proceeds of the prohibited conduct is hereby declared to be subject to forfeiture, as limited by the provisions of 14.90.020.

(Added by Ord. No. 162675, Jan. 11, 1990.) Conduct involving violation of, solicitation to violate, attempt to violate or conspiracy to violate any provision of ORS 167.117 to 167.166 is hereby declared to be prohibited conduct, and any property that is used to commit or which is proceeds of the prohibited conduct is hereby declared to be subject to forfeiture, as limited by the provisions of 14.90.020.

A vehicle used by a person arrested in the City of Portland for the offense of Driving Under the Influence of Intoxicants may be seized and impounded. The period of impoundment shall be sufficient to give the Bureau of Police a reasonable period of time to determine whether the person arrested has been previously convicted of or forfeited bail or security for Driving Under the Influence of Intoxicants in violation of the laws of Oregon or of any other jurisdiction, or has been previously convicted of or forfeited bail or security for murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle in Oregon or another jurisdiction. The vehicles of persons with such a criminal record are subject to forfeiture under state law.

The Bureau of Police is authorized to initiate an investigation in pertinent state and national records databases for information relevant to making the determination described in 14.95.010 and to compile that information in a readily accessible database .

The Bureau of Police is authorized to develop implementing procedures under this Chapter and to develop a fee structure which ensures that to the extent possible, the Bureau’s costs and expenses in undertaking impoundment and investigation are paid by the person arrested for DUII, or other person or entity seeking to recover the vehicle.

Drug-free zones are those areas of the City as designated by the City Council under Chapter 14.100 of this Code, which are areas where the number of arrests where there was probable cause to believe a person has committed any of the offenses enumerated in Section 14.100.030 for a twelve (12) month period within the 18 months preceding its designation is significantly higher than that for other similarly sized geographic areas of the City that are not located within a drug-free zone.

If the City Council designates an area meeting the criteria of Section 14.100.010 of this code to be a drug-free zone, Council shall do so by ordinance. The designation shall be valid for a period of three (3) years.

The office of the Chief of Police of the Portland Police Bureau is directed to report to City Council at least ninety (90) days before the end of the three (3) year period, as to whether there is a need to re-authorize or re-configure the drug-free zones enumerated in 14.100.070.

A. A person is subject to exclusion for a period of ninety (90) days from the public streets, sidewalks and other public ways in one or more drug-free zones designated in Code Chapter 14.100 if that person has been arrested based upon probable cause to believe that the person has committed any of the following offenses within a drug-free zone, unless the offense was committed entirely within a private residence:

1. Attempt to unlawfully possess a controlled substance, in violation of ORS 161.405;

2. Criminal solicitation to unlawfully possess a controlled substance in violation of ORS 161.435;

3. Criminal conspiracy to unlawfully possess a controlled substance in violation of ORS 161.450;

4. Unlawful possession of a controlled substance, in violation of ORS 475.992, other than possession of less than one ounce of marijuana under ORS 475.992 (4)(f);

5. Criminal conspiracy to unlawfully deliver a controlled substance in violation of ORS 161.450;

7. Attempt to unlawfully deliver an imitation controlled substance, in violation of ORS 161.405;

8. Criminal conspiracy to unlawfully deliver an imitation controlled substance in violation of ORS 161.450; or

9. Unlawful delivery of an imitation controlled substance, in violation of ORS 475.991.

B. A one (1) year exclusion from one or more of the drug-free zones shall take effect upon the date of conviction for any of the offenses enumerated in subsection A. of this section if that offense was committed within any drug-free zone.

C. Except as allowed under 14.100.060, a person excluded under authority of this section may not enter any drug-free zone except to:

6. travel through a drug-free zone on the I-5, I-84 or I-405 freeways within the boundaries of any drug-free zone.

While in a drug-free zone, a person who is otherwise excluded may travel only directly to and from the obligations enumerated in (1) - (4) of this subsection.

D. If an excluded person is in any drug-free zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245.

The Chief of Police and/or designees are the persons in charge of the public streets, sidewalks and public ways in the drug-free zones for purposes of issuing exclusion notices in accordance with this chapter.

If a person is arrested based upon probable cause to believe that the person has committed any of the offenses enumerated in subsection A. of Section 14.100.030 within a drug-free zone, the Chief of Police and/or designees may exclude that person from one or more drug-free zones, which are so designated by City Council. The notice of exclusion shall be in writing and a copy delivered to the excluded person. The notice shall specify the areas designated as drug-free zones in Section 14.100.070 from which that person is excluded and shall contain information concerning the right to appeal the exclusion to the Code Hearings Officer as provided in Chapter 22.10 of this Code.

A. APPEAL. Any person to whom an exclusion notice is issued shall have a right to appeal as follows:

1. Appeals shall be made to the Code Hearings Officer of the City of Portland. Any hearings regarding such appeals shall be conducted in accordance with Chapter 22.10 of this Code.

2. Copies of documents in the City’s control which are intended to be used at the hearing shall be made available, upon request, to the appellant.

3. An appeal of a ninety (90) day exclusion must be filed, in writing, by 5:00 p.m. of the fifth business day following issuance of the notice of exclusion.

4. An appeal of a one (1) year conviction-based exclusion must be filed, in writing, by 5:00 p.m. of the fifth business day following the date of conviction.

5. An appeal of a denial of an application for a variance or revocation of a variance must be filed, in writing, by 5:00 p.m. of the fifth business day following the denial or revocation of the variance.

6. A ninety (90) day exclusion shall not take effect during the time that an appeal of the ninety (90) day exclusion is pending. If no appeal is taken, the initial ninety (90) day exclusion shall take effect at 12:01 a.m. on the eighth calendar day following the issuance of the notice of exclusion.

7. A one (1) year conviction-based exclusion shall take effect at 12:01 a.m. on the calendar day following the date of conviction and, notwithstanding an appeal of the exclusion, shall remain in effect unless the Code Hearings Officer issues a contrary decision.

8. At the hearing on an appeal of a ninety (90) day exclusion, the City shall have the burden to show by a preponderance of the evidence that the exclusion is based upon probable cause to believe that the appellant committed any of the offenses enumerated in subsection A. of Section 14.100.030, and that the conduct supporting the exclusion occurred within a drug-free zone.

9. At the hearing on an appeal of a one (1) year conviction-based exclusion, the City shall have the burden to show by a preponderance of the evidence that the appellant was convicted of any of the offenses enumerated in subsection A. of Section 14.100.030, and that the conduct supporting the conviction occurred within a drug-free zone.

10. At the hearing on an appeal of a denial of an application for a variance, the City shall have the burden to show by a preponderance of the evidence that the denial was in accordance with this section.

11. At the hearing on an appeal of a revocation of a variance, the City shall have the burden to show by a preponderance of the evidence that any of the conditions enumerated in this section supporting revocation existed at the time of revocation.

12. At the hearing on an appeal of a ninety (90) day exclusion, the following shall be prima facie evidence that the exclusion was based on probable cause to believe that the appellant committed any of the offenses enumerated in subsection A. of Section 14.100.030:

a. A determination by a court having jurisdiction over the offense that forms the basis for the exclusion, that probable cause existed to arrest the person to whom the initial ninety (90) day exclusion notice was issued for violation of any of the offenses enumerated in subsection A. of Section 14.100.030; or

b. An accusatory instrument charging the person to whom a ninety (90) day exclusion notice was issued, for violation of any of the offenses enumerated in subsection A. of Section 14.100.030.

13. At the hearing on an appeal of a one (1) year conviction-based exclusion, a judgment of conviction for any of the offenses that formed the basis for the exclusion, as enumerated in subsection A. of Section 14.100.030, shall be conclusive evidence that the described conduct occurred.

B. VARIANCES. Variances shall be granted, denied or revoked in accordance with the following provisions: All variances shall be in writing, for a specific period and only to accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow only travel to and from locations within a drug-free zone according to the terms of the variance. The variance must be carried on the person while in a drug-free zone in order to be effective and must be presented to a police officer upon request. In the event a person having a variance is found in a drug-free zone in violation of the terms of the variance, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245.

1. General Variance. The Chief of Police and/or designees may for any reason grant a variance from an exclusion at any time during an exclusion period. A variance granted under this subsection allows travel only within the drug-free zone specified in the variance, and only according to the terms specified in the variance.

2. Residential Variance. The Chief of Police and/or designees shall grant a residential variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

A variance granted under this subsection allows travel only within the drug-free zone within which the residence is situated and only in accordance with the terms of the variance.

3. Essential Needs Variance. The Chief of Police and/or designees may grant an essential needs variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

b. must access a public or private place within a drug-free zone that provides an essential need; and

c. the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the drug-free zone exclusion.

A variance granted under this subsection allows travel only within the drug-free zone in which the excluded person resides and only in accordance with the terms of the variance.

a. The Chief of Police and/or designees shall grant an employment variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

(1) was an owner, principal, agent or employee of a place of lawful employment located in a drug-free zone when excluded; and

A variance granted under this subsection allows travel only within the drug-free zone in which the excluded person works and only in accordance with the terms of the variance.

b. The Chief of Police and/or designees may grant an employment variance to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

(1) is an owner, principal, agent or employee of a place of lawful employment; and

(2) will be required to perform employment-related services in a drug-free zone.

A variance granted under this subsection allows travel only within the drug-free zone in which the excluded person works and only in accordance with the terms of the variance.

5. Social Services Variance. The Chief of Police and/or designees may grant a social services variance to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

b. the social services are sought for reasons relating to the health or well-being of the excluded person; and

c. the social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients.

A variance granted under this subsection allows travel only within drug-free zone in which the social services agency is located and only in accordance with the terms of the variance.

a. The Chief of Police and/or designees shall grant an educational variance to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

(1) was enrolled as a student at an educational facility located within a drug free zone when excluded; and

A variance granted under this subsection allows travel only within the drug-free zone in which the educational facility is located and only in accordance with the terms of the variance.

b. The Chief of Police and/or designees may grant an educational variance to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:

(1) will be enrolled at an educational facility within a drug-free zone if the variance is granted.

A variance granted under this subsection allows travel only within the drug-free zone in which the educational facility is located and only in accordance with the terms of the variance.

D. REVOCATION OF VARIANCES. Variances may be revoked in accordance with the following provisions:

b. there is probable cause to believe the person has committed any of the offenses enumerated in subsection A. of Section 14.100.030 in a drug-free zone subsequent to the issuance of the variance; or

c. if the circumstances giving rise to the issuance of the variance no longer support a continuation of the variance.

a. a residential variance may only be revoked if the applicant provided false residential information in order to obtain the variance; or

b. if the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance.

1. Essential Needs: As used in this section, “essential needs” are defined as food, physical care and medical attention.

2. Travel: As used in this chapter, “travel” is defined as the movement on foot or within or upon a vehicle within a drug-free zone from one point to another without delay other than to obey traffic control devices.

The following descriptions shall comprise the boundaries of the drug-free zones listed, and the drug-free zones shall include the entire area within the listed boundary.

A. Westside Zone: Beginning at a point at the Willamette River; thence westerly along the south curb line of S.W. Clay St. to the west curb line of Interstate 405; thence northerly along the west curb line of Interstate 405 until it becomes the Fremont Bridge; thence in a northeasterly direction along the Fremont Bridge to a point where it intersects the west shore of the Willamette River; thence southerly along the west shore of the Willamette River to the Broadway Bridge; to include the westside ramps; to include the westside ramps of the Broadway Bridge; thence southerly along the west shore of the Willamette River to the Steel Bridge; to include the westside ramps of the Steel Bridge; thence southerly along the west shore of the Willamette River to the Burnside Bridge; to include the westside ramps of the Burnside Bridge; thence southerly along the west shore of the Willamette River to the Morrison Bridge; to include the westside ramps of the Morrison Bridge; thence southerly along the west shore of the Willamette River to the Hawthorne Bridge; to include the westside ramps of the Hawthorne Bridge, thence southerly along the west shore of the Willamette River to the point of beginning.

B. Eastside Zone: Beginning at a point at the Willamette River; thence easterly along the south curb line of S.E. Stark St. to the east curb line of S.E. 12^th Ave.; thence northerly along the east curb line of S.E. 12^th Ave. to N.E. 12^th Ave.; thence northerly along the east curb line of N.E. 12^th Ave. to the north curb line of N.E. Lloyd Blvd.; thence westerly along the north curb line of N.E. Lloyd Blvd. to N.E. 1^st Ave.; thence northerly along the east curb line of N.E. 1^st Ave. to N.E. Oregon St.; thence westerly along the north curb line of N.E. Oregon St. to the eastside ramps of the Steel Bridge; to include all of the Steel Bridge to where it joins the westside ramps of the Steel Bridge; thence from a point at the Steel Bridge southerly along the east shore of the Willamette River to the eastside ramps of the Burnside Bridge; to include all of the Burnside Bridge to where it joins the westside ramps of the Burnside Bridge; thence continuing southerly along the east shore of the Willamette River to the point of beginning.

C. Beech Residential Zone: Beginning at a point where the east border of Interstate 5 intersects with the south curb line of N. Failing St.; thence southerly along the east border of Interstate 5 to N. Fremont St.; thence easterly along the south curb line of N. Fremont St. to N. Mississippi Ave.; thence southerly along the west curb line of N. Mississippi Ave. to N. Cook St.; thence easterly along the south curb line of N. Cook St. to N. Borthwick Ave.; thence southerly along the west curb line of N. Borthwick Ave. to N. Fargo St.; thence easterly along the south curb line of N. Fargo St. to N. Kerby Ave.; thence northerly along the east curb line of N. Kerby Ave. to N. Cook St.; thence easterly along the south curb line of N. Cook St. to N. Commercial Ave.; thence northerly along the east curb line of N. Commercial Ave. to N. Ivy St.; thence easterly along the south curb line of N. Ivy St. to N. Vancouver Ave.; thence southerly along the west curb line of N. Vancouver Ave. to N. Cook St.; thence easterly along the south curb line of N./N.E. Cook St. to N.E. 7^th Ave.; thence northerly along the east curb line of N.E. 7^th Ave. to N.E. Mason St.; thence westerly along the north curb line of N.E. Mason St. to Martin Luther King Junior Blvd.; thence northerly along the east curb line of Martin Luther King Junior Blvd. to N.E. Jessup St.; thence westerly along the north curb line of N.E./N. Jessup St. to N. Kerby Ave.; thence northerly along the east curb line of N. Kerby Ave. to N. Simpson St.; thence westerly along the north curb line of N. Simpson St. to N. Missouri Ave.; thence southerly along the west curb line of N. Missouri Ave. to N. Killingsworth St.; thence westerly along the north curb line of N. Killingsworth St. to N. Concord Ave.; thence southerly along the west curb line of N. Concord Ave. to N. Skidmore St., including all of the Going St. Pedestrian Bridge; thence easterly along the south curb line of N. Skidmore St. to N. Longview Ave.; thence southerly along the west curb line of N. Longview Ave. to N. Overlook Blvd.; thence easterly along the south curb line of N. Overlook Blvd. to N. Interstate Ave.; thence northerly along the east curb line of N. Interstate Ave. to N. Failing St.; thence easterly along the south curb line of N. Failing St. as that line extends across Interstate 5, including all of the Failing St. Pedestrian Bridge, to the point of beginning.

D. Alberta Residential Zone: Beginning at point at the southwest corner of N.E. Wygant St. where it intersects with N.E. 9^th Ave.; thence easterly along the south curb line of N.E. Wygant St. to N.E. 14^th Ave.; thence northerly along the east curb line of N.E. 14^th Ave. to N.E. Wygant St.; thence easterly along the south curb line of N.E. Wygant St. to N.E. 19^th Ave.; thence northerly along the east curb line of N.E. 19^th Ave. to N.E. Killingsworth St.; thence westerly along the north curb line of N.E. Killingsworth St. to N.E. 19^th Ave.; thence northerly along the east curb line of N.E. 19^th Ave. to N.E. Jarrett St.; thence westerly along the north curb line of N.E. Jarrett St. to N.E. 9^th Ave.; thence southerly along the west curb line of N.E. 9^th Ave. to the point of beginning.

E. Woodlawn Residential Zone: Beginning at the southwest corner of N.E. Ainsworth St. where it intersects with N.E. Mallory Ave.; thence easterly along the south curb line of N.E. Ainsworth St. to N.E. 7th Ave.; thence northerly along the east curb line of N.E. 7th Ave. to N.E. Portland Blvd.; thence easterly along the south curb line of N.E. Portland Blvd. to N.E. Dean St.; thence northeasterly along the southeast curb line of N.E. Dean St. to N.E. Dekum St.; thence easterly along the south curb line of N.E. Dekum St. to N.E. 15th Ave.; thence northerly along the east curb line of N.E. 15th Ave. to N.E. Lombard St.; thence westerly along the north curb line of N.E. Lombard St. to N.E. Mallory Ave.; thence southerly along the west curb line of N.E. Mallory Ave. to the point of beginning.

1. Property on which three or more Nuisance Activities exist or have occurred during any thirty (30) day period; or,

2. Property on which or within 200 feet of which any Person Associated With the Property has engaged in three or more Nuisance Activities during any thirty (30) day period; or,

3. Property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, 475.005 through 475.285 and/or 475.940 through 475.995 has occurred within the previous thirty (30) days, and the Chief of Police or a Precinct Commander has determined that the search warrant was based on evidence of continuous or repeated Nuisance Activities at the Property; or,

4. Property on which continuous or repeated Nuisance Activities as defined in PCC 14.110.010(E)(7)(8)(13) and/or (14) exist or have occurred.

C. Commissioner in Charge. The Portland City Commissioner assigned responsibility for the Bureau of Police.

D. Control. The ability to regulate, restrain, dominate, counteract or govern Property, or conduct that occurs on a Property.

5. Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as defined in ORS 163.415 through ORS 163.445.

7. Prostitution or related offenses as defined in ORS 167.007 through ORS 167.017.

8. Alcoholic liquor violations as defined in ORS Chapter 471.105 through 471.482.

13. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through 475.285, and/or 475.940 through 475.995.

14. Illegal gambling as defined in ORS 167.117, and/or ORS 167.122 through ORS 167.127.

16. Any attempt to commit (as defined in ORS 161.405), and/or conspiracy to commit (as defined in ORS 161.450), any of the above activities, behaviors or conduct.

18. Unlawful operation of sound producing or reproducing equipment as defined in PCC 14.24.160 and/or excessive noise as defined in PCC 18.04.010 through PCC 18.04.040 and/or PCC 18.14.010 through PCC 18.14.020.

F. Person. Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using Property in the City of Portland.

G. Person Associated With. Any Person who, on the occasion of a Nuisance Activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a Property or Person present on a Property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a Property, Person in Charge, or owner of a Property.

H. Person in Charge. Any Person, in actual or constructive possession of a Property, including but not limited to an owner or occupant of Property under his or her ownership or Control.

I. Precinct Commander. Any Commander of the Portland Police Bureau in charge of a Precinct.

J. Property. Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For Property consisting of more than one unit, Property may be limited to the unit or the portion of the Property on which any Nuisance Activity has occurred or is occurring, but includes areas of the Property used in common by all units of Property including without limitation other structures erected on the Property and areas used for parking, loading and landscaping.

A. Any Property determined by the Chief of Police or a Precinct Commander to be Chronic Nuisance Property is in violation of this Chapter and subject to its remedies.

B. Any Person in Charge of Property determined by the Chief of Police or a Precinct Commander to be a Chronic Nuisance Property is in violation of this Chapter and subject to its remedies.

A. When the Chief of Police or a Precinct Commander receives two or more police reports documenting the occurrence of Nuisance Activities on or within 200 feet of a Property, the Chief of Police or Precinct Commander shall independently review such reports to determine whether they describe the activities, behaviors or conduct enumerated under PCC 14.110.010(E)(1-21). Upon such a finding, the Chief of Police or a Precinct Commander may:

1. Notify the Person in Charge in writing that the Property is in danger of becoming Chronic Nuisance Property. The notice shall contain the following information:

a. The street address or a legal description sufficient for identification of the Property.

b. A statement that the Chief of Police or Precinct Commander has information that the Property may be Chronic Nuisance Property, with a concise description of the Nuisance Activities that exist, or that have occurred. The Chief of Police or the Precinct Commander shall offer the Person in Charge an opportunity to propose a course of action that the Chief of Police or the Precinct Commander agrees will abate the Nuisance Activities giving rise to the violation.

c. Demand that the Person in Charge respond to the Chief of Police or the Precinct Commander within ten (10) days to discuss the Nuisance Activities.

B. When the Chief of Police or Precinct Commander receives a police report documenting the occurrence of additional Nuisance Activity on or within 200 feet of a Property after notification as provided by PCC 14.110.030(A)(1); or, in the case of Chronic Nuisance Property as defined in PCC 14.110.010(B)(3) or (4), for which notice under PCC 14.110.030(A) is not required, the Chief of Police or the Precinct Commander shall:

1. Notify the Person in Charge in writing that the Property has been determined to be a Chronic Nuisance Property. The notice shall contain the following information:

a. The street address or a legal description sufficient for identification of the Property.

b. A statement that the Chief of Police or the Precinct Commander has determined the Property to be Chronic Nuisance Property with a concise description of the Nuisance Activities leading to his/her determination.

c. Demand that the Person in Charge respond within ten (10) days to the Chief of Police or the Precinct Commander and propose a course of action that the Chief of Police or the Precinct Commander agrees will abate the Nuisance Activities giving rise to the violation.

d. Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the Person in Charge at the address of the Property determined to be a Chronic Nuisance Property, or such other place which is likely to give the Person in Charge notice of the determination by the Chief of Police or the Precinct Commander.

e. A copy of the notice shall be served on the owner at the address shown on the tax rolls of the county in which the Property is located, and/or the occupant at the address of the Property, if these Persons are different than the Person in Charge, and shall be made either personally or by first class mail, postage prepaid.

C. If the Person in Charge fails to respond as required by PCC 14.110.030(B), the Chief of Police or the Precinct Commander may refer the matter to the Commissioner in Charge and the City Attorney. Prior to referring the matter to the Commissioner in Charge and the City Attorney, the notice required by PCC 14.110.030(B) shall also be posted at the property .

D. If the Person in Charge responds as required by PCC 14.110.030(B) and agrees to abate Nuisance Activities giving rise to the violation, the Chief of Police or the Precinct Commander may postpone referring the matter to the Commissioner in Charge and the City Attorney. If an agreed course of action does not result in the abatement of the Nuisance Activities within sixty (60) days; or, if no agreement concerning abatement is reached within sixty (60) days, the Chief of Police or the Precinct Commander may refer the matter to the Commissioner in Charge and the City Attorney.

E. When a Person in Charge makes a response to the Chief of Police or the Precinct Commander as required by PCC 14.110.030(A)(1)(c) or (B)(1)(c), any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any Nuisance Activities have occurred or are occurring. This subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.

F. The failure of any Person to receive notice as provided by PCC 14.110.030(A) or (B) shall not invalidate or otherwise affect the proceedings under this Chapter.

A. The Commissioner in Charge may authorize the City Attorney to commence legal proceedings in the Circuit Court to abate Chronic Nuisance Property and to seek closure, the imposition of civil penalties against any or all of the Persons in Charge thereof, and, any other relief deemed appropriate.

B. If the Court determines Property to be Chronic Nuisance Property, the Court shall order that the Property be closed and secured against all unauthorized access, use and occupancy for a period of not less than six (6) months, nor more than one (1) year. The order shall be entered as part of the final judgment. The Court shall retain jurisdiction during any period of closure.

C. If the Court determines a Property to be Chronic Nuisance Property, the Court may impose a civil penalty of up to $100 per day for each day Nuisance Activities occurred on the Property, following notice pursuant to PCC 14.110.030(B); or, the cost to the City to abate the Nuisance Activities at the Property whichever is greater. The amount of the civil penalty shall be assessed against the Person in Charge and/or the Property and may be included in the City’s money judgment.

D. If satisfied of the good faith of the Person in Charge, the Court shall not award civil penalties if the Court finds that the Person in Charge at all material times could not, in the exercise of reasonable care or diligence, determine that the Property had become Chronic Nuisance Property.

E. In establishing the amount of any civil penalty, the Court may consider any of the following factors and shall cite those found applicable:

1. The actions taken by the Person in Charge to mitigate or correct the Nuisance Activities at the Property;

6. The cost to the City of investigating and correcting or attempting to correct the Nuisance Activities;

F. The City shall have the initial burden of proof to show by a preponderance of the evidence that the Property is Chronic Nuisance Property.

G. Evidence of a Property’s general reputation and/or the reputation of persons residing in or frequenting it shall be admissible.

Any summary closure proceeding shall be based on evidence showing that Nuisance Activities exist or have occurred on the Property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of summary closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In the event of summary closure, the City is not required to comply with the notification procedures set forth in PCC 14.110.030 (A) and (B).

A. The Court may authorize the City to physically secure the Property against all unauthorized access, use or occupancy in the event that the Person in Charge fails to do so within the time specified by the Court. In the event that the City is authorized to secure the Property, the City shall recover all costs reasonably incurred by the City to physically secure the Property as provided by subsection (A)(1) of this Section.

1. The City Bureau(s) physically securing the Property shall prepare a statement of costs and the City shall thereafter submit that statement to the Court for its review as provided by ORCP 68.

B. The Person in Charge shall pay reasonable relocation costs of a tenant as defined by ORS 90.100(28), if, without actual notice, the tenant moved into the Property after either:

1. A Person in Charge received notice of the determination of the Chief of Police or any Precinct Commander pursuant to PCC 14.110.030(B); or

2. A Person in Charge received notice of an action brought pursuant to PCC 14.110.050.

C. A lien shall be created against the Property for the amount of the City’s money judgment. In addition, any Person who is assessed penalties under PCC 14.110.040(C) and/or costs under PCC 14.110.060(A) shall be personally liable for payment thereof to the City. Judgments imposed by this Chapter shall bear interest at the statutory rate.

The Court may, in its discretion, award attorney’s fees to the prevailing party.

The provisions of this Chapter are intended to be consistent with any applicable provisions of state law. If any provisions of this Chapter, or its application to any person, or circumstances is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances shall not in any way be affected.

A. Person in control - an employee or owner with the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on or at the motel.

B. Customer - any person who pays valuable consideration to occupy any room or rooms in a motel.

C. Employee - any officer, director, agent or employee of a motel, or any independent contractor who works on or at the motel property.

D. Fee - the consideration charged by the operator for the occupancy of space in a motel, valued in money, goods, labor, credits or other consideration.

E. Motel - any structure, or portion of any structure, which is occupied or intended or designed for dwelling, lodging, or sleeping purposes and includes, but is not limited to, any hotel, inn, tourist home, studio hotel, bachelor hotel, lodging house, and rooming house.

F. Occupancy - the use or possession, or the right to the use or possession, for lodging or sleeping purposes of any room or rooms in a motel.

G. Operator - the person who is the proprietor of the motel in any capacity.

H. Owner - any person, agent, firm or corporation having a legal or equitable interest in a motel. Owner includes, but is not limited to:

b. All or part of the beneficial ownership and a right to present use and enjoyment of the property.

I. Renting by the hour - the right to the use or possession for lodging or sleeping purposes of any room for an amount less that one-half of the minimum daily rental rate.

A. A motel becomes a public nuisance when any motel employee or person in control permits a customer to rent a room designed for dwelling, lodging or sleeping purposes, by the hour, or rents the same room more than two times within a 24 hour period.

B. Any motel which becomes a public nuisance is subject to the remedies provided for in Section 14.130.040.

When the City believes the motel property has become a public nuisance as defined in Section 14.130.020, the City shall:

A. Notify the owner(s) of record and the person, firm or corporation in possession of the property, in writing that the property has been determined to be a public nuisance as defined in Section 14.130.020. The notice shall contain the following information:

1. The street address and a legal description sufficient for identification of the property.

2. A statement that the City has found the property to be a public nuisance as defined in Section 14.130.020 with a concise description of the events or conditions leading to this finding, including the date and time of the events or conditions.

3. A copy of the notice shall be served personally on the owner of the business, or her, his or its agent, if known, at least ten days before the commencement of any judicial action by the City. In addition, the notice shall be mailed certified mail, return receipt requested, postage prepaid, addressed to the owner of the business at the address of the property believed to be a public nuisance, as defined in Section 14.130.020, and to such other address as is shown on the tax rolls of the county in which the property is located, or such other place which is believed to give the owner of the business and of the property actual notice of the determination of the City.

4. The failure of any person or owner to receive actual notice of the funding of a public nuisance as defined in Section 14.130.020 by the City shall not invalidate or otherwise affect the proceedings under this Chapter.

A. The City Attorney may institute civil proceedings in circuit court to enjoin or abate a public nuisance as defied in Section 14.130.020.

B. If a court determines a motel to be a public nuisance within the meaning of Section 14.130.020, the court may order any remedy it deems appropriate to abate the nuisance, including:

In any action seeking the abatement of a public nuisance pursuant to this Chapter, the court may, in its discretion, award attorney fees to the prevailing party.

A. It is the purpose and intent of this ordinance to provide for a procedure for removal of graffiti from buildings, walls and other structures in order to reduce social deterioration within the City and to promote the public safety and health.

B. The Manager may adopt procedures, forms, and written policies for administering and implementing the provisions of City Code Chapter 14.140, Graffiti Nuisance Abatement.

A. Any property, building or structure within the City of Portland which becomes a graffiti nuisance property is in violation of this Chapter 14.140 and is subject to its remedies.

B. Any person who permits property under their control to become a graffiti nuisance property shall be in violation of this Chapter 14.140 and subject to its remedies.

A. Graffiti: Any unauthorized markings of paint, ink, chalk, dye or other similar substance which is visible from premises open to the public, and that have been placed upon any real or personal property such as buildings, fences, structures, or the unauthorized etching or scratching of such described surfaces where the markings are visible from premises open to the public, such as the public right-of-way or other publicly owned property.

B. Manager: The Graffiti Abatement Manager is the City official, or their designated representative, who is responsible for the administration of the Graffiti Nuisance Abatement program under Chapter 14.140 of the Portland City Code. In accordance with adopted procedures, the Manager may appoint such officers, employees and agents as shall be authorized and necessary to enforce the provisions of this Chapter 14.140.

C. Graffiti Nuisance Property: Property upon which graffiti has been placed and such graffiti has been permitted to remain for more than ten (10) days after the property owner of record has been given a written notification pursuant to Section 14.140.040.B.

D. Occupant: Any person or sublessee, successor or assignee who has control over property.

E. Owner: Any person, agent, firm or corporation having a legal or equitable interest in a property. “Owner” includes, but is not limited to:

b. All or part of the beneficial ownership and a right to present use and enjoyment of the premises;

F. Permit: To knowingly suffer, allow, or acquiesce by any failure, refusal or neglect to abate.

G. Property: Any real or personal property and that which is affixed incidental or appurtenant to real property but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not.

A. Required Graffiti Removal. The owner or occupant of any property in the City shall remove any graffiti from such property within ten (10) days of the graffiti’s appearance.

1. Whenever the Manager determines that graffiti exists on any structure in the City of Portland, the Manager may issue an abatement notice.

2. The Manager shall cause the notice to be served upon the property owner, and any occupant. The owner or occupant shall have ten (10) days after the date of service of the notice in which to remove the graffiti or give the City written permission to enter on the property and remove the graffiti.

3. Service shall be accomplished by addressing the notice to the owner and occupant and sending it by personal service, registered mail or certified mail. Service on the occupant may also be accomplished by posting the notice in a visible location on the subject property.

4. Costs of Removal. If graffiti is not removed or written permission is not given to the City to remove the graffiti, the costs of removal may be assessed to the owner and will become a lien on the affected property. For each instance of graffiti abatement, the Manager shall keep an accurate account of all expenses incurred, including an overhead charge of 25 percent for program administration and a civil penalty of $250 for each abatement. In the event that the measures taken are deemed by the Code Hearings Officer to be appropriate, the cost for the same may be made as an assessment lien upon the property.

1. Within ten (10) days of the receipt of the notice, the property owner or occupant may appeal the notice from the Manager to the Code Hearings Officer of the City of Portland, as set out in Chapter 22.10 of this Code.

2. Upon receipt of the appeal request, the Code Hearings Officer shall set the matter for hearing within ten (10) business days. If the Code Hearings Officer finds the property to be a Graffiti Nuisance Property, and the owner/responsible party has been given notice in accordance with Subsection C above, the Code Hearings Officer shall specify when and under what conditions the graffiti shall be abated.

1. The Manager may summarily abate any graffiti on any utility poles and cabinets, on exterior walls and fences immediately abutting public streets or property, or on any public property, including but not limited to traffic signs and lights.

2. Whenever the Manager has reasonable cause to believe that there exists upon any building or structure any graffiti requiring abatement under this Chapter 14.140, the Manager may enter upon the graffiti nuisance property at all reasonable times to perform any duty imposed on the Manager under this Chapter 14.140, and to enforce the provisions of this Chapter. Upon the failure to comply with the notice of abatement by the designated compliance date, and if the property owner or occupant has not appealed the notice as provided under Subsection C, the following steps may be taken if the graffiti nuisance property is plainly enclosed to create privacy and prevent access by unauthorized persons:

a. If the graffiti nuisance property is occupied, the Manager shall first present proper credentials and demand entry to cause the graffiti to be abated. If entry is refused, the Manager may attempt to secure entry by any legal means.

b. If the graffiti nuisance property is unoccupied, the Manager shall first make a reasonable attempt to locate the owner or occupant and demand entry. Such demand may be included in the initial notice sent to the owner or occupant under Subsection B above. If entry is refused, the Manager may attempt to secure entry by any legal means.

c. (1) If the Manager has first obtained an administrative search warrant to secure entry onto the graffiti nuisance property to abate the graffiti, no owner or occupant shall refuse, fail or neglect, after proper request, to promptly permit entry by the Manager to abate the graffiti.

(2) It shall be unlawful for any owner or occupant to refuse to permit entry by the Manager to abate graffiti under this Chapter 14.140, after an administrative search warrant has been obtained. Any violation of this Subsection is punishable, upon conviction, by a fine of not more than $500 and a jail sentence of up to six months.

1. The Manager shall develop consent forms allowing the Manager to enter onto property to abate the graffiti without prior notice from the Manager. The Manager shall make these consent forms available to the public.

2. Property owners and occupants may request and sign consent forms for allowing graffiti abatement. Property owners or occupants signing these consent forms will be issued stickers to be placed in a location on the subject property readily visible from premises open to the public, such as the public right-of-way or other publicly owned property. These stickers shall be issued on a yearly basis.

If any provision of this Chapter 14.140 or its application to any person, or circumstances is held to be invalid for any reason, the remainder of this Chapter, or the application of its provisions to other persons or circumstances shall not be affected in any way.

Prostitution-free zones are those areas of the City as designated by the City Council under Chapter 14.150 of this Code, which are areas where the number of incidents where a person was arrested or otherwise taken into custody for any of the offenses enumerated in section 14.150.030 for a twelve (12) month period within the eighteen (18) months preceding its designation is significantly higher than that for other similarly sized geographic areas of the City that are not located within a prostitution-free zone.

If the City Council designates an area meeting the criteria of section 14.150.010 of this code to be a prostitution-free zone, Council shall do so by ordinance. The designation shall be valid for a period of three (3) years.

A. A person is subject to exclusion for a period of ninety (90) days from the public streets, sidewalks and other public ways in all prostitution-free zones designated in Code Chapter 14.150 if that person has been arrested or otherwise taken into custody within any prostitution-free zone for any prostitution related activities including the following offenses, unless the offense was committed entirely within a private residence:

4. Attempts as defined in 161.405 to commit the crimes listed in subsections 1., 2., and 3. above;

5. Loitering to Solicit prostitution, in violation of Portland City Code 14.24.050; or

6. Unlawful prostitution procurement activity, in violation of Portland City Code 14.24.055.

B. A one (1) year exclusion from all of the prostitution-free zones shall take effect upon the date of conviction for any of the offenses enumerated in subsection A. of this section if that offense was committed within any prostitution-free zone.

C. Except as allowed under 14.150.060, a person excluded under authority of this section may not enter any prostitution-free zone except to:

6. travel through a prostitution-free zone on the I-5, I-84, I-205 or I-405 freeways within the boundaries of any prostitution-free zone.

D. While in a prostitution-free zone, a person who is otherwise excluded may travel only directly to and from the obligations enumerated in A. - D. of this subsection.

E. If an excluded person is in any prostitution-free zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245.

The Chief of Police or designees are the persons in charge of the public streets, sidewalks and public ways in the prostitution-free zones for purposes of issuing exclusion notices in accordance with this chapter.

If a person is arrested within a prostitution-free zone for any of the offenses enumerated in subsection A. of section 14.150.030 the Chief of Police or designee may exclude that person from all prostitution-free zones. The notice of exclusion shall be in writing and a copy delivered to the excluded person. The notice shall specify the areas designated as prostitution-free zones in section 14.150.070 from which that person is excluded and shall contain information concerning the right to appeal the exclusion to the Code Hearings Officer as provided in Chapter 22.10 of this Code.

A. APPEAL. Any person to whom an exclusion notice is issued shall have a right to appeal as follows:

1. Appeals shall be made to the Code Hearings Officer of the City of Portland. Any hearings regarding such appeals shall be conducted in accordance with Chapter 22.10 of this Code.

2. Copies of documents in the City’s control which are intended to be used at the hearing shall be made available, upon request, to the appellant.

3. An appeal of a ninety (90) day exclusion must be filed, in writing, by 5:00 p.m. of the fifth business day following issuance of the notice of exclusion.

4. An appeal of a one (1) year conviction-based exclusion must be filed, In writing, by 5:00 p.m. of the fifth business day following the date of conviction.

5. An appeal of a denial of an application for a variance or revocation of a variance must be appealed, in writing, by 5:00 p.m. of the fifth business day following the denial or revocation of the variance.

8. At the hearing on an appeal of a ninety (90) day exclusion, the City shall have the burden to show by a preponderance of the evidence that the exclusion is based upon probable cause to believe that the appellant committed any of the offenses enumerated in subsection A. of section 14.150.030, and that the conduct supporting the exclusion occurred within a prostitution-free zone.

9. At the hearing on an appeal of a one (1) year conviction-based exclusion, the City shall have the burden to show by a preponderance of the evidence that the appellant was convicted of any of the offenses enumerated in subsection A. of section 14.150.030, and that the conduct supporting the conviction occurred within a prostitution-free zone.

b. An accusatory instrument charging the person to whom a ninety (90) day exclusion notice was issued, for violation of any of the offenses enumerated in subsection A. of section 14.150.030.

13. At the hearing on an appeal of a one (1) year conviction-based exclusion, a judgment of conviction for any of the offenses that formed the basis for the exclusion, as enumerated in subsection A. of section 14.150.030, shall be conclusive evidence that the described conduct occurred.

B. VARIANCES. Variances shall be granted, denied or revoked in accordance with the following provisions:

All variances shall be in writing, for a specific period and only to accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow only travel to and from locations within a prostitution-free zone according to the terms of the variance. The variance must be carried on the person while in a prostitution-free zone in order to be effective and must be presented to a police officer upon request. In the event a person having a variance is found in a prostitution-free zone in violation of the terms of the variance, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245.

1. General Variance. The Chief of Police or designees may for any reason grant a variance from an exclusion at any time during an exclusion period. A variance granted under this subsection allows travel only within the prostitution-free zone specified in the variance, and only according to the terms specified in the variance.

2. Residential Variance. The Chief of Police or designees shall grant a residential variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

a. that the person lived in a prostitution-free zone, other than transient occupancy in a hotel or motel, when excluded; and

A variance granted under this subsection allows travel only within the prostitution-free zone within which the residence is situated and only in accordance with the terms of the variance.

3. Essential Needs Variance. The Chief of Police or designees may grant an essential needs variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

b. that the excluded person must access a public or private place within a prostitution-free zone that provides an essential need; and

c. that the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the prostitution-free zone exclusion.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person resides and only in accordance with the terms of the variance.

a. The Chief of Police or designees shall grant an employment variance from an exclusion to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

(1) that the person was an owner, principal, agent or employee of a place of lawful employment located in a prostitution-free zone when excluded; and

A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person works and only in accordance with the terms of the variance.

b. The Chief of Police or designees may grant an employment variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

(1) that the person is an owner, principal, agent or employee of a place of lawful employment; and

(2) the excluded person will be required to perform employment-related services in a prostitution-free zone.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person works and only in accordance with the terms of the variance.

5. Social Services Variance. The Chief of Police or designees may grant a social services variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

b. the social services are sought for reasons relating to the health or well-being of the excluded person; and

c. the social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the social services agency is located and only in accordance with the terms of the variance.

a. The Chief of Police or designees shall grant an educational variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

(1) that the person was enrolled as a student at an educational facility located within a prostitution free zone when excluded; and

A variance granted under this subsection allows travel only within the prostitution-free zone in which the educational facility is located and only in accordance with the terms of the variance.

b. The Chief of Police or designees may grant an educational variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

(1) that the person will be enrolled at an educational facility within a prostitution-free zone if the variance is granted.

(2) A variance granted under this subsection allows travel only within the prostitution-free zone in which the educational facility is located and only in accordance with the terms of the variance.

C. REVOCATION OF VARIANCES. Variances may be revoked in accordance with the following provisions:

b. if the person is arrested for any of the offenses enumerated in subsection A. of section 14.150.030 in a prostitution-free zone subsequent to the issuance of the variance; or

c. if the circumstances giving rise to the issuance of the variance no longer support a continuation of the variance.

a. a residential variance may only be revoked if the applicant provided false residential information in order to obtain the variance; or

b. if the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance.

1. Essential Needs: As used in this section, “essential needs” are defined as food, physical care and medical attention.

2. Travel: As used in this chapter, “travel” is defined as the movement on foot or within or upon a vehicle within a prostitution-free zone from one point to another without delay other than to obey traffic control devices.

The following descriptions shall comprise the boundaries of the prostitution-free zones listed, and the prostitution-free zones shall include the entire area within the listed boundary.

A. Beginning at a point at the southeasterly corner of N.E. Lloyd Blvd., and N.E. 7th Avenue; thence northerly along the easterly curb line of N.E. 7th Avenue to its intersection with the north curb line of N.E. Columbia Blvd.; thence westerly along the north curb line of N.E. Columbia Blvd. to its intersection with the west curb line of N. Columbia Blvd. and N. Vancouver Ave.; thence southerly along the western curb line of N. Vancouver Ave. to the northwest corner of N. Vancouver Ave. and N. Broadway; thence westerly along the north curb line of N. Broadway to the easterly bank of the Willamette River; thence southerly along the easterly shore of the Willamette River to the Willamette River's intersection with the southerly curb line of the Steel Bridge; thence easterly along the southerly curb line of the Steel Bridge to the southwesterly corner of N. Oregon St. and N. Lloyd Blvd.; thence southerly along the westerly curb line of N. Lloyd Blvd. as it turns easterly and thence, easterly along the southerly curb line of N. and N.E. Lloyd Blvd. to the point of beginning.

B. Beginning at a point on the northwest corner of N.E. Sandy Blvd, where it intersect with N.E. 37th Ave.; thence northerly 500 feet; thence easterly following a line that is at all times parallel to and 500 feet from the north curb line of N.E. Sandy Blvd. to the east curb line of N.E. 112^th Ave., thence south along the east curb line of N.E. 112^th Ave. to a point 500 feet to the south of the south curb line of N.E. Sandy Blvd.; thence west along a line that is at all times parallel to and 500 feet from the south curb line of N.E. Sandy Blvd. to a point that is 200 feet east of the centerline of N.E. 92^nd Ave.; thence north along a line that is at all times parallel to and 200 feet from the centerline of N.E. 92^nd Ave. to the north curb of N.E. Sandy Blvd.; thence west along the north curb line of N.E. Sandy Blvd. to the west curb line of N.E. 92^nd Ave. southbound; thence south along the west curb of N.E. 92^nd Ave. to a point 500 feet to the south of the south curb line of N.E. Sandy Blvd.; thence west along a line that is at all times parallel to and 500 feet from the south curb line of N.E. Sandy Blvd., to a point that is 500 feet to the east of the east curb line of N.E. 82nd Ave.; thence southerly following a line that is at all times parallel to and 500 feet from the east curb line of N.E./S.E. 82nd Ave. to the south curb line of S.E. Crystal Springs Blvd.; thence westerly following the south curb line of Crystal Springs Blvd. to a point 500 feet to the west of the southwest corner of S.E. Crystal Springs Blvd. and S.E. 82nd Ave.; thence northerly following a line that is at all times parallel to and 500 feet from the south curb line of S.E./N.E. 82nd Ave. to a point 500 feet to the south of the south curb of N.E. Sandy Blvd.; thence westerly following a line that is at all times parallel to and 500 feet from the south curb line of N.E. Sandy Blvd., to a point 500 feet south of the south curb line of N.E. Sandy Blvd. where it intersects with N.E. 37th Ave.; thence northerly along the west curb line along N.E. 37th Ave. to the point of beginning.

C. Beginning at a point at the Willamette River; thence easterly along the south curb line of S.E. Stark St. to S.E. 12th Ave.; thence northerly along the east curb line of S.E. 12th Ave. to its intersection with S.E. Ash St.; thence easterly along the south curb line of S.E. Ash St. to its intersection with S.E. 17th Ave.; thence northerly on the east curb line of N.E. 17th Ave. to its intersection with N.E. Davis St.; thence easterly on the south line of N.E. Davis St. to its intersection with N.E. 24th Ave.; thence northerly along the east curb line of N.E. 24th Ave. to its intersection with N.E. Glisan St.; thence easterly on N.E. Glisan St. to its intersection with N.E. 31st Ave.; thence northerly along the east curb line of N.E. 31st Ave. to its intersection with N.E. Irving St.; thence easterly along the south curb line of N.E. Irving St. to its intersection with N.E. Floral Place; thence north easterly along the southeast curb line of N.E. Floral Place to its intersection with N.E. Imperial Ave.; thence northerly along the east curb line of N.E. Imperial Ave. to its intersection with N.E. Multnomah St.; thence easterly on N.E. Multnomah St. to its intersection with N.E. 39th Ave.; thence northerly on the east line of N.E. 39th Ave. to the Banfield Freeway (I-84); thence westerly on the south line of the Banfield (I-84) Freeway to N.E. 12th Avenue; thence southerly along the west curb line of N.E. 12th Ave. to its intersection with N.E. Davis St.; thence westerly on the north line of N.E. Davis St. to the east shore of the Willamette River; thence continuing southerly along the east shore of the Willamette River to the point of beginning.

D. Beginning at a point on the northwest curb of N.E. Martin Luther King Boulevard where it intersects with E. Burnside street; thence northerly following the west curb line of N.E. Martin Luther King Boulevard 500 feet; thence westerly following a line that is at all times parallel to and 500 feet from the north curb line of E./W. Burnside street to a point 500 feet to the west of the west curb line of N.W. 23rd Avenue. Thence southerly in a straight line to a point that is 500 feet from the south curb line of W. Burnside Street; thence easterly following a line that is a all times parallel to and 500 feet from the south curb line of E./W. Burnside Street ending at the west curb line of S.E. Martin Luther King Boulevard. Thence northerly to the point of origin.