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City of Portland

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21.36.040 Enforcement.

(Amended by Ordinance No. 186839, effective November 7, 2014.)

A.  Violation of Sections 21.36.020 or 21.36.030 on land owned by the federal government within the Closure Area is punishable upon conviction by a fine or imprisonment as a Class C Misdemeanor pursuant to ORS 161.615 and 161.635 in accordance with ORS 448.305(3).  Each unlawful act is chargeable as a separate violation for each occurrence. (Entry into federal land within the Closure Area is also a violation of 18 USC §1863, which carries punishments of imprisonment up to 6 months and fines up to $5,000.)

B.  Violation of Sections 21.36.020 or 21.36.030 on land owned by the City lying within the Closure Area is punishable upon conviction by a fine or imprisonment  as a Class C Misdemeanor pursuant to ORS 161.615 and 161.635 in accordance with ORS 448.305(3).  Each unlawful act is chargeable as a separate violation for each occurrence.

C.  The Administrator of the Portland Water Bureau may appoint Water Bureau employees as Closure Area enforcement officers as provided for in ORS 448.315 to enforce Code Sections 21.36.020 and 21.36.030.  Prior to assuming his or her duties, each employee designated as a Closure Area enforcement officer shall take an oath of office specified by the Administrator.  While on duty, the employees authorized to enforce this Code shall wear in plain sight a badge as required by ORS 448.315. Appointment by the Administrator as a Closure Area enforcement officer shall also make the employee appointed a “person in charge” of City property within the Closure Area for purposes of Code Section 5.36.115 and grant the employee authority to order persons to leave City property.

D.  Closure Area enforcement officers shall have authority to order persons to leave the Closure Area and to issue citations for violation of this Code.

E.  The Circuit Court of Multnomah County, Clackamas County and Hood River County shall have jurisdiction to try and determine any prosecution brought under this Code for violations occurring within the respective boundaries of those counties.

F.  The Administrator may also pursue enforcement of any violation of Sections 21.36.020 or 21.36.030 pursuant to Section 21.24.090.