The provisions of this chapter apply to all city property. For the purposes of this chapter, the term "city property" includes all land owned or leased by the city and buildings under city ownership, control or authority.
(Ord. 2013-05 §1)
A.
In addition to any other remedy or penalty provided by law, a peace officer or other person specifically authorized by the City Manager may exclude a person who violates a provision of state or local law from that city property for a period of up to 180 days. Where conduct and circumstances elevate to the level of creating a clear compromise to the safety and well-being of citizens or staff, the City Manager may extend the exclusion from city property to up to one year. Such extensions must be made in writing and occur within 10 days of the issuance of the original exclusion order.
B.
A person excluded pursuant to subsection A may not enter or remain upon that city property during the exclusion period. If the exclusion is from City Hall or other city buildings and it is necessary for the excluded subject to file documents, pay a debt, or otherwise conduct necessary business, the transaction must be conducted by telephone, mail or e-mail if possible. If the excluded party is required to appear in a municipal court proceeding or must appear in person to conduct business, the excluded party will notify the City Manager at least 24 hours in advance of the pending appearance in municipal court or on city property.
C.
A person will be given a warning and an opportunity to comply with the law or rule before an exclusion notice is issued unless the exclusion is based on:
1.
Conduct punishable as a crime in the State of Oregon; or
2.
Unlawful activity related to controlled substances or alcoholic beverages; or
3.
Actions actually or likely to result in personal injury or property damage; or
4.
The person having been previously warned or excluded under the ordinance codified in this section.
D.
The code does not authorize exclusion of a person lawfully exercising free speech rights or other rights protected by state or federal law. However, a person engaged in such protected activity who commits acts that are not protected, but that violate applicable provisions of law or rules of conduct, shall be subject to exclusion as provided by this chapter.
E.
No person shall enter or remain in any public place at any time during which there is in effect a notice of exclusion issued under this chapter excluding that person from that place. An exclusion issued under the provisions of this chapter shall be for the following timeframes:
2.
Ninety days if:
a.
The basis for the exclusion would, upon conviction, be punishable as a misdemeanor offense under the laws of the State of Oregon or Ordinances of the City of Molalla. A criminal conviction is not required to enforce or uphold this exclusion; or
b.
The person to be excluded has been excluded from any public place at any time within two years before the date of the present exclusion.
3.
One hundred eighty days if:
a.
The basis for the exclusion would, upon conviction, be punishable as a felony offense under the laws of the State of Oregon. A criminal conviction is not required to enforce or uphold this exclusion; or
b.
Notwithstanding MMC Section 9.14.020E.2.a, the basis for the exclusion would, upon conviction, be punishable as a sex offense under the laws of the State of Oregon. A criminal conviction is not required to enforce or uphold this exclusion; or
c.
The person to be excluded has been excluded from one or more public places on two or more occasions within two years before the date of the present exclusion.
F.
Written notice shall be given to any person excluded from any public place. The notice shall identify the provision of law upon which the exclusion was issued and contain a brief description of the offending conduct, the places of exclusion, and the start date and end date of the exclusion period.
(Ord. 2013-05 §1; Ord. 2025-13, 12/10/2025)
While on or about city property:
A.
No person shall violate any federal, state, or city law.
B.
No person shall enter or remain on any city property for purposes other than to conduct legitimate business with the city or to use that property lawfully under the laws and rules that apply.
C.
No person shall enter or attempt to enter any secure portion of any city property that is not open to members of the general public without authorization from the City Manager or a designee.
D.
No person shall deface, damage, or destroy city property.
E.
No person shall engage in conduct that degrades the appearance of city property, including, but not limited to, depositing trash, defacing property, or spitting.
F.
No person shall engage in conduct that disrupts or interferes with operations of the city government, including, but not limited to, conduct that creates unreasonable noise or consists of loud or boisterous physical behavior that actually disrupts the operations of city government.
G.
No person shall refuse to obey any lawful direction of a city employee.
H.
No person shall violate any provisions posted on any city parking facility.
(Ord. 2013-05 §1)
A.
A person receiving an exclusion notice may appeal to the municipal court and seek to have the exclusion reversed or the exclusion period shortened.
B.
An appeal of an exclusion notice must be filed with the city within 10 calendar days of receipt of the notice, unless extended by the municipal court.
C.
An appeal of an exclusion notice automatically stays the exclusion period until a decision on appeal is issued by the municipal court, unless the reason for the exclusion was an immediate exclusion based on public safety risks.
D.
The municipal court will decide all appeals within 10 days of their filing unless the hearing date is extended by court order.
(Ord. 2013-05 §1)
A person who violates a notice of exclusion from public places issued under this chapter commits the crime of Criminal Trespass in the Second Degree which shall be punishable in accordance with ORS 164.245.
(Ord. 2013-05 §1; Ord. 2025-13, 12/10/2025)