Ordinance No. 96-15 10
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CITY OF TIGARD,OREGON
ORDINANCE NO. n
AN ORDINANCE AMENDING TITLE 7 OF THE TIGARD MUNICIPAL CODE BY
ADDING CHAPTER 7.100,EXCLUSION FROM TIGARD PUBLIC LIBRARY. f •
qg'r WHEREAS,the Tigard City Council finds that disruptive behavior on City property is contrary to .l•
the public health,safety and welfare and hinders the ability of City staff to provide service,and
t WHEREAS,the Tigard City Council wishes to grant authority to City staff to exclude persons
4rz who engage in such disruptive behavior;now,therefore:
r THE CITY OF TIGARD ORDAINS AS FOLLOWS:
{ �} Section 1: The Tigard Municipal Code is amended by adding Chapter 7.100,Exclusion from
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411, -4Tigard Public Library to read as follows:
k J 7.100.10 EXCLUSION FROM TIGARD PUBLIC LIBRARY, _
1 (A). A person is subject to exclusion from the Tigard Public Library for a period
of up to ninety(90)days in the event they have been arrested and/or convicted for .
any of the following conduct:
1• Assault as defined in ORS Chapter 163(1995)in and/or around the Tigard Public
Library; �`�
2. Stalking as defined is ORS Chapter 163(1995);
3. Theft as defined in ORS Chapter 164(1995 of Tigard library
materials;
y 4. Criminal mischief as defined in ORS Chapter 164(1995);
5. Any ofthe graffiti-related offenses as defined in ORS Chapter 164(1995)
# involving publicly owned structures within the city limits of Tigard;
6. Wilful detention of library property as defined in ORS 357.975(1995); `
U �1 7. Riot,disorderly conduct,or harassment as defined in ORS 166.015, 166.025,
,
_ 166.065(1995);
k 8. Possession of a firearm or dangerous weapon in a public building as prohibited by N LL
ryr=s ORS 166.370(1995); 4 �
9. Menacing as defined in Tigard City Code Section 7.20.020;
10. Recklessly endangerment of another person as defined in Tigard City Code
7.20.030;
y 11. Harassment as defined in Tigard City Code 7.20.040; s 4
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"+ 12. Criminal Trespass as defined in ORS 164.243 to 164.265 1995
a � In addition to the above,a person is subject to exclusion or may otherwise have
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Ordinance No.
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their library privileges restricted or suspended for a period of up to ninety(90)days in the
they. (or d1
Y � �•� ,> .. a person wider inou control or direction)has been issued at least two(2)
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Tigard Library warning notices within any ninety(90)day period for any of the followinggs�
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�ll, conduct: �� k
Sleeping using bedding,sleeping bag or other sleeping matter in the Tigard Public 14
r y Library unless such use has been approved in advance by the Director of Library
Services; 3 31� ti
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2. Use of Tigard Public Library facilities and/or equipment for activities unrelated to t
the purposes of the Library as those purposes may be determined by the Tigard
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Library Board.
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i �. Tond or excessive noise.nr imp nF�m•�1:ReJ.,,.....J:... uvu.:u YiVYu1;l1U11
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equipment including but not limited to radios,tape recorders,compact disc(CD) � `aw
players such that the sound produced thereby it is audible five(5)feet from then
r a device unless such use has been approved in advance by the Director of Library
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Services. L `s
(C). As used in subsection(A)above,the term`library privileges"means the ability to
f 1 obtain the free use of any printed material,pictures,sound recordings or c„mbnls as may
be kept in whatever form or manner,be it owned or controlled by the Tigard Public
Library or other public or private libraries with which Tigard may through agreement or
otherwise have access.
' 7.100.20 PERSONS AUTHORIZED TO ISSUE EXCLUSION OR WARNING
NOTICES. The Chief of Police and the Director of Library Services are hereby
designated as the persons-in-charge of the Tigard City Library for purposes of issuing r 4
exclusion notices in accordance with this Chapter. Either the Chief or the Director of b �
Library Services may authorize other Police or Public Library personnel to issue exclusion " 7 ,
' notices consistent with this Chapter and,in addition to the ability to authorize personnel'
issuance of exclusion notices under this Chapter,the Director of Library Services may also
x , authorize personnel under his or her direction and control to issue Tigard Public Library
Warning Notices.
7.100.30 ISSUANCE OF EXCLUSION NOTICES OR WARNING NOTICES. At x
the time of the arrest of an individual for any of the conduct(s) identified in TCC Section fry"
7.100.10(A),(or within thirty(30)calendar days thereafter)the arresting officer,the Chief `
of Police or the Director of Library Services(or such other person(s) as either the
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Director of Library Services or Chief may have authorized)may issue a written exclusion
notice excluding the person from the Tigard Public Library. The notice shall specify that :-
theperson is to be excluded from the Tigard Public Library,the period of the exclusion `
W\ the time the exclusion is to commence as well as contain information concerning the right
to appeal the exclusion notice to the Civil infractions officer as provided for under Chapter
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�s F 1,17 of this Code.. The person to whom the exclusion notice is issued shall sign a writtenk
acknowledgment of the receipt of the exclusion notice;if the person refuses to so sign,the
arresting officer shall make a written record of the refusal. "
{ At the time of the occurrence of any conduct identified in TCC Section 7.100.10(B)(or t r
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f within thirty(30)calendar days thereafter)the Director of Library Services(or such other
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Library personnel as the Director of Library Services from time to time may authorize)
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may issue a written a Tigard Library Warning Notice. The notice shall specify that in the
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event a second notice is issued to the individual within the time specified in TCG Section
7.100.10(B),that person shall be subject to exclusion from the Tigard Public Libfary
and/or lose such other privileges as the Director of Library Services may in their discretion ;
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shall also contain information concerning the right of the individual to seek its vacation by A5 � .
appealing to the Director of Library Services within five(5)days of its issuance. `i
7.100.40 RIGHT OF APPEAL. The individual to whom an exclusion notice is issued
shall have the right to an appeal from the isse nce of the notice. ;
(A). An appeal of the exclusion must be filed,in writing,within five(5)calendar days
of the notice's issuance with either the office of the Director of Library Services or then
Chief of Police. The notic: of appeal shall state the following:
1, the appellant's name;
2. their address and a telephone number where they can be reached; = �
3. a concise statement to why the issuance of the exclusion notice was in error; x
and,
4. attach a copy of the notice of exclusion appealed from.
A hearing on the appeal shall be had as provided for in Chapter 1.17 of this Code and take ,
place no more than ten(10)calendar days after the filing of the appeal,except in the event
J the Civil Infractions Officer determines otherwise. `'
(B). The exclusion shall not take effect during the pendency of the appeal. In the event
no appeal is properly and timely filed,then the exclusion shall take effect on the sixths
calendar day following the issuance of the notice. rg,
(C). The City shall have the burden to show by a preponderance of evidence that the
exclusion is based on conduct enumerated in TCC Section 7,100.10(A)or is based on theARM
issuance of two Tigard Public Library Warning Notices for the conduct Identified in TCC
Section 7.100.10(B). A determination by a court of competent jurisdiction that the
arresting officer had probable cause to effect the arrest of the individual for the conduct 'y <:
used as the basis of the exclusion shall be prima facie evidence that the exclusion is well
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5 �£ (D). Copies of any and all documents in its control which are intended to be used by the ��
City at the hearing shall be made available to the appellant at least two(2)days in advance +
of the hearing
7.100.50 VARIANCES. Variances from the exclusion may be granted at any time ,
during the exclusion by either the Chief of Police or the Director of Library Services.
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PASSED: By ji vote of all members present after being read by number and title only,this
-.3�d day of/" z. 1996. a
MI Catherine Wheatley,City Re rder U
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APPR2o 1996.
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Nicoh,Mayor F
cgs Approved as to form:
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a y k pce/acm/90024/fibrary.orl(2/21/96)
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