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14A.110.400 Exclusion.

In addition to other measures provided for violation of the laws of the City of Portland or the laws of the State of Oregon, the City may exclude an individual from all or any part of the Portland Streetcar Transit System for a violation of any provision of Chapter 14A.110 or a violation of any criminal law of the City of Portland or State of Oregon while on the Portland Streetcar System, for a period of time not to exceed 180 days. 

A.  A person excluded under Chapter 14A.110 may not during the period of exclusion, enter or remain upon any part of the Portland Streetcar Transit System. Exclusion takes effect on the 5th business day following service of a Notice of Exclusion unless the person initiates the administrative review described in Subsection 14A.110.400 D.  Except as specifically authorized by the terms of a qualified exclusion issued pursuant to Subsection 14A.110.400 K., an excluded person who enters or remains upon any part of the Portland Streetcar Transit System may be charged with the crime of Interfering with Public Transportation (ORS 166.116) or the crime of Criminal Trespass in the Second Degree (ORS 164.245).

B.  A Notice of Exclusion may be issued by a peace officer or by any person authorized by the Director of Transportation or the Director’s Designee based upon probable cause to believe that an individual has engaged in conduct in violation of the laws of the City of Portland or the State of Oregon while on the Portland Streetcar System.

C.  A Notice of Exclusion shall include:

1.  The title or citation of the offense for which the exclusion is issued;

2.  An explanation of the administrative review procedures and timeline, a description of the Code Hearings process, and an explanation of the evidentiary burdens; and,

3.  A statement of the duration of the exclusion, or alternatively, a statement of the mechanism by which the duration of the exclusion may be determined in accordance with Section 14A.110.400.

D.  Every person who receives a Notice of Exclusion shall be entitled to an administrative review by the Director of Transportation or the Director’s Designee.  To initiate an administrative review, a person who receives a Notice of Exclusion must submit a request for review within 5 business days of the date of the Notice at the Bureau of Transportation office indicated in the Notice.   The Portland Bureau of Transportation shall have 7 business days to perform the administrative review.  All exclusions shall be subject to a stay pending administrative review.  The purpose of the administrative review shall be to determine whether a Notice of Exclusion conforms to the administrative rules promulgated by the Director of Transportation.  If the Director of Transportation or the Director’s Designee determines, after conducting an administrative review, that the Notice of Exclusion does not conform to Portland Streetcar administrative rules, the Director of Transportation or the Director’s Designee shall notify the individual that the Notice of Exclusion is invalid and withdrawn by contacting the individual at the address they submitted with the review.  If the administrative review confirms that a Notice of Exclusion was issued in conformity with Portland City Code and Portland Streetcar administrative rules, it shall be deemed valid and the individual shall be notified at the address submitted with the appeal.  If the exclusion is deemed valid the exclusion shall take effect and begin on the 12th business day following the date in which the Notice of Exclusion was issued or 2 business days following mailing or transmission of the decision, whichever is later.  If a person does not provide a mailing or electronic address, an upheld exclusion becomes effective 2 business days after the decision is posted at the Portland Bureau of Transportation office indicated in the notice.

E.  A person wishing to appeal the result of an administrative review may do so by filing an appeal as provided in Section 22.10.030 within 10 calendar days at the Portland Bureau of Transportation office specified in the exclusion notice.  All appeals will be heard by the City of Portland Code Hearings Officer in accordance with the provisions of Title 22 Hearings Officer of this Code.  The Hearings Officer shall uphold the exclusion if, upon the Hearings Officer’s de novo review, the preponderance of evidence admissible under the provision of Title 22 convinces the Code Hearings Officer that, more likely than not, the person in fact committed the violation, and if the exclusion is otherwise in accordance with the law.

F.  A person subject to exclusion who has no prior exclusion record shall be excluded for 30 days.

G.  A person subject to exclusion who has been previously excluded within two years shall be excluded for 90 days.

H.  A person subject to exclusion who has been previously excluded two or more times within the past two years shall be excluded for 180 days.

I.  A person subject to exclusion for violation of State criminal law shall be excluded for 180 days.

J.  No person shall enter the Streetcar Transit System at any time during which there is in effect a notice of exclusion issued under this Section excluding that person from the system.

K.  Notwithstanding any other provision of Chapters 14A.100 and 14A.110, the Director of Transportation, or the Director’s Designee, upon a review of sufficient evidence, and the Hearings Officer, upon review of the Notice of Exclusion or the evidence presented at the hearing, must modify an exclusion under the circumstances provided for below: 

1.  An individual with a disability shall not be issued a complete exclusion from the Portland Streetcar Transit System unless the person engaged in violent, seriously disruptive or criminal conduct, or in conduct posing a serious threat to the safety of others or to the operation of the transit system. Absent such a finding, if a Hearings Officer determines that a violation occurred the Hearings Officer shall order a qualified exclusion to permit an individual with a disability to use the Portland Streetcar Transit System for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places of employment, to obtain food, clothing and necessary household items, or to access any critical service.

2.  A transit dependent person shall not be issued a complete exclusion for the District Transit System unless the person engaged in violent, seriously disruptive, or criminal conduct, or in conduct posing a serious threat to the safety of others or to the operation of the transit system.  Absent such a finding, if a Hearings Officer determines that a violation occurred, the Hearings Officer shall order a qualified exclusion to permit a transit dependent individual to use the District Transit System for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places of employment, to obtain food, clothing and necessary household items, or to access a critical service. Any person asserting the right to a qualified exclusion on the basis of transit dependence shall have the burden of establishing transit dependence by a preponderance of the evidence.

L.  The Director of Transportation may adopt such procedures and promulgate rules as may be necessary from time to time for the administration of this or other chapters.