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City of Portland

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14B.60.010 Definitions.

A.  Chronic Nuisance Property. 

1.  Property on which three or more Nuisance Activities exist or have occurred during any thirty (30) day period; or,

2.  Property on which or within 200 feet of which any Person Associated With the Property has engaged in three or more Nuisance Activities during any thirty (30) day period; or,

3.  Property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, 475.005 through 475.285 and/or 475.940 through 475.995  has occurred within the previous thirty (30) days, and the Chief of Police or a Precinct Commander has determined that the search warrant was based on evidence of continuous or repeated Nuisance Activities at the Property; or,

4.  Property on which continuous or repeated Nuisance Activities as defined in Portland City Code 14B.60.010 D.7.,8.,13., and/or 14. exist or have occurred.

B.  Commissioner in Charge.  The Portland City Commissioner assigned responsibility for the Bureau of Police.

C.  Control.  The ability to regulate, restrain, dominate, counteract or govern Property, or conduct that occurs on a Property.

D.  Nuisance Activities.  Any of the following activities, behaviors or conduct:

1.  Harassment as defined in ORS 166.065(1)(a).

2.  Intimidation as defined in ORS 166.155 through 166.165.

3.  Disorderly conduct as defined in ORS 166.025.

4.  Assault or menacing as defined in ORS 163.160 through ORS 163.190.

5.  Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as defined in ORS 163.415 through ORS 163.445.

6.  Public indecency as defined in ORS 163.465.

7.  Prostitution or related offenses as defined in ORS 167.007 through ORS 167.017.

8.  Alcoholic liquor violations as defined in ORS Chapter 471.105 through 471.482.

9.  Offensive littering as defined in ORS 164.805.

10.  Criminal trespass as defined in ORS 164.243 through 164.265.

11.  Theft as defined in ORS 164.015 through 164.140.

12.  Arson or related offenses as defined in ORS 164.315 through 164.335.

13.  Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through 475.285, and/or 475.940 through 475.995.

14.  Illegal gambling as defined in ORS 167.117, and/or ORS 167.122 through ORS 167.127.

15.  Criminal mischief as defined in ORS 164.345 through 164.365.

16.  Any attempt to commit (as defined in ORS 161.405), and/or conspiracy to commit (as defined in ORS 161.450), any of the above activities, behaviors or conduct.

17.  Fire or discharge of a firearm as defined in Portland City Code 14A.60.020.

18.  Unlawful operation of sound producing or reproducing equipment as defined in Portland City Code 14A.30.010 and/or excessive noise as defined in Portland City Code Chapters 18.04 and/or 18.14.

19.  Unlawful drinking in public places as defined in Portland City Code 14A.50.010.

20.  Curfew as defined in Portland City Code 14A.80.010.

21.  Indecent exposure as defined in Portland City Code 14A.40.030.

E.  Person.  Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using Property in the City of Portland.

F.  Person Associated With.  Any Person who, on the occasion of a Nuisance Activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a Property or Person present on a Property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a Property, Person in Charge, or owner of a Property.

G.  Person in Charge.  Any Person, in actual or constructive possession of a Property, including but not limited to an owner or occupant of Property under his or her ownership or Control.

H.  Precinct Commander.  Any Commander of the Portland Police Bureau in charge of a Precinct.

I.  Property.  Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping,  building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent.  For Property consisting of more than one unit, Property may be limited to the unit or the portion of the Property on which any Nuisance Activity has occurred or is occurring, but includes areas of the Property used in common by all units of Property including without limitation other structures erected on the Property and areas used for parking, loading and landscaping.