10.68.350 Park Violation – Expulsion Remedy
A. In addition to other remedies provided for violation of this Code, or of any of the laws of the State of Oregon, any peace officer, or park official or city code compliance officer may expel any person who violates any applicable provision of law in a city park from any or all city parks for a period of 30 days for any violation or for a period not to exceed the maximum jail period for any particular criminal offenses. If the person to be expelled from any park has been expelled from a city park on two or more occasions within two years before the date of the present expulsion for criminal offenses, the expulsion shall be for a period not to exceed 180 days. Nothing in this Section shall be construed to authorize the expulsion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions.
1. No person shall knowingly enter or remain in any park at any time in violation of a Park expulsion order as issued and served upon the person in accordance to the provisions of subsection A of this section.
B. Park Expulsion Process; Appeal.
1. Written notice shall be given to any person expelled from any city park(s). Such notice shall specify the dates and places of expulsion. It shall be signed by the issuing party; warning of consequences for failure to comply shall be prominently displayed on the notice.
2. A person receiving such notice may appeal in accordance with AMC 2.30 to have the written notice rescinded or the period shortened. The appeal notice shall specify the relief sought and the reason for said relief.
3. The Hearing Officer shall uphold the expulsion if, upon de novo review, the preponderance of the evidence convinces the Hearing Officer that, more likely than not, the person in fact committed the crime or violation, and that the expulsion and otherwise appropriate as to purpose and length of expulsion.
C. Penalty. Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of subsection B of this Chapter is deemed a Criminal Trespass II, a Class C misdemeanor. (Ord. 3137, amended, 2017; Ord. 2993, amended, 10/06/2009)