Amend Prohibited Conduct Code to update ejections and exclusions for drug possession, weapon possession, and abuse in parks

The City of Portland ordains.Section 1. The Council finds:In March 2004, City Council passed Ordinance 178282 to update Code Chapter 20.12.265 to authorize the City Administrator to issue ejections and exclusions for certain illegal behaviors, to set the timeline for the exclusions, and the process for appealing the penalty.In January 2007, City Council passed Ordinance 180743 to update Code Chapter 20.12.040 to prohibit the possession of certain controlled substances in City-owned parks.In June 2019, City Council passed Ordinance 189576 to update Code Chapter 20.12.265 to adjust the timelines for exclusions, create exceptions for locations where automatic stay of appeals could apply, and grant authority to issue exclusions to a wider range of community safety agents.City-owned parks are world-famous and are intended to be enjoyed by all City residents and visitors. These areas bring in significant revenue and economic activity from tourism. City-owned Parks are a valuable asset which the City has a responsibility to protect.There is a heightened public awareness of unsafe behavior occurring in City-owned parks.Portland has seen a growing epidemic of fentanyl use, which is highly addictive and dangerous to both the individual using the substance and those who may accidentally come into contact with it. Controlled substances such as heroin and methamphetamines are also highly addictive and dangerous to those who interact with the substances. Many of the controlled substances identified in Oregon Revised Statutes 475.005 pose a danger to public health and community safety. A threat is also posed by the associated paraphernalia of these controlled substances, such as needles and pipes.Portland residents have noted concerns about the presence and possession of controlled substances in City-owned parks. This poses a risk to visitors and endangers public health and community safety within these City assets.Portland residents have noted concerns about the presence of certain weapons and illegal behavior in City-owned parks. These factors pose a risk to visitors and endangers public health and community safety within these City assets.This unlawful activity adversely impacts the health and safety of City residents, the reputation and economic activity linked to City assets, and the livability of neighborhoods.The City has a compelling and vested interest in protecting the health and safety of its residents and the value of its assets from dangerous and unlawful behavior.In order to protect public health, community safety and the reputation of City assets, City Code 20.12 provides tools for the City Administrator to address these concerns by ejecting individuals who engage in illegal behavior from City-owned parks, and excluding them from reentry for a certain period of time.The current provisions around ejection and exclusion are too narrowly-written to be effective. The exclusion timelines are too short. There are limitations that allow the violator to return to the same area, simply move to an immediately-adjacent area, or easily relocate to another park to continue the same illegal behavior. The current provisions hinder the ability of the City's community safety apparatus to remove dangerous behavior from City property and respond to the concerns of City residents.Reforming the current City Code to give more tools to the community safety apparatus will help to address the concerns of City residents and reduce unlawful behavior.NOW, THEREFORE, the Council directs:Amend City Code Chapter 20.12 as shown in Exhibit A.One year following the enactment of this ordinance, PPB and PP&R shall report to City Council on the progress of its implementation. The report shall include the number of exclusions issued, the locations of the exclusions, the violations that triggered the exclusions, the process for officers to record the reasons why exclusions were not issued when violations occurred, a summary of the reasons why those exclusions were not issued, information on potential trespass enforcement actions for exclusion violations, and other relevant information made in consultation with the City Administrator.