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Police Try To Clear Peace Camp

At approximately 8 AM Friday morning, Portland Police Sergeant Jacobellis and Officers Dobson and Dean raided the Portland Peace Encampment confiscating many signs and artwork and all other items. In a clear violation of police guidelines, the Police physically restrained one of the demonstrators who was attempting to gather up his personal and Peace Camp possessions, threatened to arrest the Peace Camper for "Being an Asshole." The Police then refused to give the Peace Camp a Property Receipt, also a violation.

Despite these illegal seizures by Police, the Portland Peace Encampment continues. They request donations to replace the seized items, in particular, sign making supplies.
When one of the Portland Peace Encampment demonstrators tried to pick up some of the Peace Camp items, two officers grabbed his wrists and restrained him. They said he had to "Stay 10 feet away from the Officer" or they would arrest him. He asked "For what?" and they replied "For being an asshole!" They then accused him of "Interfering with an Officer." The Police later picked him up off of a carpet he was sitting on and confiscated it. But, as usual, the Police did not cite anyone, but just confiscated everything that wasn't nailed down.

Later, when Peace Campers went to Central Precinct to get a Property Receipt, the Desk Sergeant refused to issue one stating "There was no one to give one to." This despite the fact that they several Peace Camp demonstrators had asked for a Property Receipt at the time and the Police had been physically restraining one of them.

The Police Guidelines for enforcing the Obstruction as Nuisance Ordinance, commonly referred to as the "Sit/Lie Ordinance," state that it may not be enforced against people "observing or participating in an event," which exempts all of the Peace Encampment in its entirety. But even if that is "overlooked," the guidelines say items may not be confiscated if they are in a persons direct control. This is what they police prevented when they restrained the peace campers. The guidelines also state that Property Receipts must be issued for all items seized.

Among the items confiscated were chairs (including a chair marked for use by the handicapped), coats, food, drinks, carpets, umbrellas, signs, paintings, sign making materials, and many other items.

Despite these illegal seizures by police, the Portland Peace Encampment continues. They request donations to replace the seized items, and in particular, sign making supplies.
hrm... 28.Jun.2003 13:48

The One True b!X's PORTLAND COMMUNIQUE

Where exactly does Obstructions As Nuisances say anything about an exemption for people participating in an event?

14A.50.030 Obstructions as Nuisances.
A. Unless specifically authorized by ordinance, it is unlawful for any person to obstruct any street or sidewalk, or any part thereof, or to place or cause to be placed, or permit to remain thereon, anything that obstructs or interferes with the normal flow of pedestrian or vehicular traffic, or that is in violation of parking lane, zone or meter regulations for motor vehicles. Such an obstruction hereby is declared to be a public nuisance. The City Engineer, the City Traffic Engineer, or the Chief of Police may summarily abate any such obstruction or the obstruction may be abated as set forth in Chapter 29.20.
B. The provisions of this Section do not apply to merchandise in course of receipt or delivery, unless that merchandise is permitted to remain upon a street or sidewalk for a period longer than 2 hours. The vehicle in which merchandise is delivered is subject to all parking regulations as described in Title 16.

If that exemption exists, it must be in some other part of the City Code, perhaps somewhere else in Chapter 14A.50 CONDUCT PROHIBITED ON PUBLIC PROPERTY, but it's definitely not in Obstructions As Nuisances itself.


oh nevermind 28.Jun.2003 13:51

The One True b!X's PORTLAND COMMUNIQUE

You said the guidelines for enforcement, not the ordinance itself. What, exactly, do those guidelines say?

never mind the state sponsored terrorists!!! 28.Jun.2003 13:58

JP Cupp

Nice work everybody, and i must say dispite what differances we may all have ideologically, the camp is the only thing in town that has shown fully it will not quite.KEEP ON GOING!!! NICE STUFF!!! SALUTE!!! NEVER MIND THE WILDLIFE, THEY DON'T KNOW HOW TO BEHAVE UNLESS THE POWER STRUCTURE TELLS THEM!!! AGAIN, EVERY ONE MUST BE TIRED, GOOD WORK!!!

The peace camp is not violating the obstruction as nuisance ordinance 30.Jun.2003 10:00

some information

This link is a powerpoint presentation created by the city regarding Obstruction as Nuisance and how is is SUPPOSED to be enforced.

 http://www.portlandpolicebureau.com/PDFs/sidewalks.pdf

obstruction as nuisance guidelines 30.Jun.2003 10:39

some more information

The guidelines for enforcement used to be on the city website. Mysteriously this particular policy has disappeared recently. Below are some numbers where I think this information may be found. I have contacted the city auditor to request a copy of the enforcement policy but doubt that he will give it to me. I may have a copy at home and I think the camp has a copy, that is unless the police stole it from them during one of the illegal seizures of property from the camp.


Permits and Information
Use and Construction in the Right of Way


Provides information and issues permits for: banners, bike racks, transit shelters, house moves, miscellaneous permits, i.e., minor encroachments, sidewalk cafes, sidewalk/driveways, and vending carts. Permits are also granted for use of the streets in both parking metered and non-parking metered areas in accordance with City Code. Under certain circumstances permits may be granted to temporarily close parking spaces, sidewalks, lanes and streets. Transit Mall Access permits are also available.

How to Contact Us:
Contact: Customer Service Line
Phone: (503) 823-7002 Select Option #3

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Contact: Information on Building Plan Review (Right-of-Way Only)
Phone: (503) 823-7002 Select Option #2

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Contact: Information on Utility Installations
Phone:
(503) 823-7092

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Contact:
Information on Street Closures
Phone:
(503) 823-7365

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Contact:
Information on Block Parties
Phone:
Call Your Neighborhood Coalition (503) 823-4519

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Contact:
Information on banners, bike racks, transit shelters, sidewalk cafe, vending carts
Phone:
(503) 823-7002 Select Option#5

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Contact: Information on Community Events
Phone (503) 823-7073

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Contact: Information on Meter Hood Permits
Phone (503) 823-7365

Enforcement Guidelines 30.Jun.2003 18:47

Jamie Manuel

Enforcement Guidelines:

1. Members may enforce P.C.C. 14A.50.030 only after giving an offender an opportunity to abate the nuisance caused by their behavior. Once a person has been informed by a Member that a behavior causes an illegal nuisance, any Member can enforce P .C.C. 14A.50.030 against that person without warning or an opportunity to abate the nuisance if the person subsequently engages in that offending behavior, regardless of the amount of time that has passed.

2. Members may enforce P.C.C. l4A.50.030 only against persons engaged in the following behaviors:

a. Any person who, as part of a stationary group, reduces the through pedestrian zone of a sidewalk to a width less than eight feet on a fifteen-foot sidewalk, or to less than six feet on narrower sidewalks.

b. Any person who creates an obstruction or a trip hazard by sitting on a sidewalk or by extending body or limb into a sidewalk. The Bureau seeks to address hazardous conditions caused by people who, by making themselves immobile or a trip hazard, become an obstacle on a sidewalk and are unable to immediately cooperate with their fellow side-walk users in the dynamic accomodations necessary for the efficient and safe use of a sidewalk.

c. Any person who blocks pedestrian access to an information kiosk, water fountain, parking pay center, food cart, trash can, curb cut, ramp, bench, sculpture, paper box, display window, pedestrian walk signal switch or other sidewalk facility or amenity.

d. Any person who places property on a sidewalk and allows the property to be an obstruction or a trip hazard by not remaining in a position to immediately move the belongings to respond to the need of a pedestrian to use the sidewalk. However, P .C.C. 14A.50.030 does not apply to merchandise in the course of lawful receipt or delivery, unless the merchandise remains upon the public right of way for a period longer than two hours.

e. Any person who maneuvers to block the path of another traveling along a sidewalk.

3. Members shall not enforce P.C.C. 14A.50.030 against:

a. A person who is part of a stationary crowd that has formed to participate in or observe an event;

b. A person obstructing or interfering due to factors beyond the person's control.

c. A person who is part of a line waiting for goods or services unless the person refuses to comply with the Member's order to form the line in a way that moderates the impact of the line on passage along the through pedestrian zone.

d. A person who leans against a structure but who is able to immediately move to cooperate with their fellow side-walk users in the dynamic accomodations necessary for the efficient and safe use ofa sidewalk unless the person reduces the through pedestrian zone of a sidewalk to a width less than eight feet on a fifteen-foot sidewalk, or to less than six feet on narrower sidewalks.

e. A person who sits on a structure or a ledge which is elevated above the sidewalk surface, or a step, unless the person reduces the through pedestrian zone of a sidewalk to a width less than eight feet on a fifteen-foot sidewalk, or to less than six
feet on narrower sidewalks.

4. The Street Musician Partnership Agreement exempts covered street musicians from the prohibitions in P.C.C. 14A.50.030.

5. Panhandling, alone, does not violate P .C.C. 14A.50.030.

6. Members may initiate abatement of any sidewalk obstruction nuisance caused by an object by calling the following numbers:

a. Dumpsters and abandoned vehicles: Parking Patrol -823-7309

b. Sidewalk seating and vending carts: Office of Transportation -823-7002

c. Portable signs and A-boards: O.P.D.R. -823-7312 ext. 2