[1]
Prior Legislation: Ord. 514.
For the purposes of this chapter the following words have the following meanings:
"City Facility"
means any improved or unimproved real property (including, but not limited to, streets, sidewalks, trails, rights-of-way, parks, buildings, and parking lots) owned, controlled or maintained by the city.
"Exclusion Notice"
means a written order prohibiting a person from entering or remaining on specified Public Property for a defined exclusion period.
"Issuing Authority"
means the director of community services, any law enforcement officer, community service officer, Library Director, Library Services Supervisor, Library Operations Supervisor, the City Manager, and any other City employee designated in writing by the City Manager who is authorized to issue Exclusion Notices.
(Ord. 600, 4/7/2026)
A. 
Any person engaging in conduct as identified in subsection B or which conduct is in violation of any rule of conduct adopted by the city council relative to the use of a city facility, unless this code specifically provides differently elsewhere, is subject to exclusion from a city facility.
B. 
The following conduct subjects a person to exclusion from a city facility:
1. 
Assault in any degree as defined by state law;
2. 
Criminal mischief, disorderly conduct and/or harassment (including aggravated harassment) as defined in state law;
3. 
Any graffiti-related offense as defined in state law;
4. 
Criminal trespass in the second degree as defined by state law;
5. 
Unlawful possession or delivery of a controlled substance as defined by state law;
6. 
Unlawful possession of firearms and the unlawful use of weapons as defined by state law;
7. 
Prostitution (including its promotion and compulsion) and patronizing a prostitute as defined by state law;
8. 
Harassment (including aggravated harassment) as defined by state law;
9. 
Substantial interference with any right, comfort or convenience of any user of the City Facility, City employee, or volunteer, including but not limited to unreasonable noise and fighting, violent, tumultuous or threatening behavior;
10. 
Willfully damaging, defacing or destroying any property belonging to the City of Happy Valley;
11. 
Littering on City property;
12. 
Camping, urinating or otherwise remaining on City property without a discernable legitimate purpose;
13. 
Any activity which constitutes a criminal offense;
14. 
Any violation of the Happy Valley Municipal Code;
15. 
Any rule of conduct adopted by the city council or approved by the City Manager relative to the use of a city facility, provided such rule is posted in a visible location in or on the City facility or provided via verbal warning.
C. 
Exclusion periods take effect immediately unless specified otherwise on the notice and may be issued for up to two years.
D. 
At the discretion of personnel with authority identified in Section 9.04.005, an exclusion order issued by Clackamas County or a City within Clackamas County may be enforced at city facilities in Happy Valley, provided the City agrees to recognize such exclusions via an intergovernmental agreement.
(Ord. 486 § 1, 2016; Ord. 600, 4/7/2026)
A. 
The Exclusion Notice shall:
1. 
Succinctly describe the nature of the conduct giving rise to the exclusion;
2. 
Cite the appropriate provision of state law or city rule the conduct violates;
3. 
Indicate the duration of the exclusion; and
4. 
Indicate the date the exclusion commences.
5. 
Describe the right to appeal provided in Section 9.04.020.
(Ord. 486 § 1, 2016; Ord. 600, 4/7/2026)
A. 
The individual to whom an Exclusion Notice is issued has the right to appeal issuance of the Exclusion Notice. To be effective, the appeal shall be in writing and filed within five (5) calendar days of the notice's issuance. It shall be filed with the city recorder and contain the following information:
1. 
The appellant's name;
2. 
The appellant's address and a telephone number where he or she can be reached;
3. 
A concise statement as to why issuance of the exclusion notice was in error; and
4. 
Attach a copy of the notice of exclusion.
B. 
A hearing shall be held before the city manager or designee no more than 10 calendar days after the filing of the appeal except in the event the city manager or designee determines otherwise.
C. 
The city has the burden to show by a preponderance of evidence that the exclusion is based on conduct described in Section 9.04.010B.
D. 
In the event no appeal is properly and timely filed, the exclusion shall continue for the period set out in the notice but shall not exceed two years. In the event a person is found in or on the property from which they were validly excluded, that person shall be subject to arrest for criminal trespass.
E. 
If an exclusion is appealed pursuant to this section, the exclusion shall be stayed until the appeal is concluded.
(Ord. 486 § 1, 2016; Ord. 600, 4/7/2026)
Variances from the exclusion may be granted at any time during the exclusion period by the Issuing Authority in the event the individual subject to the exclusion has a reason deemed acceptable for being on or in the city facility. An Issuing Authority may also limit access to the city facility to a specific time period and location.
(Ord. 486 § 1, 2016; Ord. 600, 4/7/2026)
A. 
For purposes of this section, the definitions found at ORS 164.205 (2016) are adopted and incorporated by reference.
B. 
A person commits trespass if the person enters or remains unlawfully in or upon premises.
C. 
A person found to have violated subsection B above is subject to imposition of a civil penalty in an amount deemed by the court to be appropriate as provided for in Section 1.12.010.
D. 
The civil penalty provided for in subsection C above is in addition to all other remedies and procedures provided by law. Nothing in this chapter shall limit or restrict in any way the city's right to obtain any other remedy allowed under law.
(Ord. 510 § 1, 2016; Ord. 600, 4/7/2026)