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Enforcement Guidelines to Obstructions as Nuisances

This is the draft of the new enforcement guidelines for the obstructions as nuisances senbt out by the City Attorney Monday. Note: I have seen this link to the Portland Police Department web site posted several times,  http://www.portlandpolicebureau.com/PDFs/sidewalks.pdf. This site is pretty misleading and show several prohibited activities as permited.
This is the draft of the new enforcement guidelines for the obstructions as nuisances senbt out by the City Attorney Monday. Note: I have seen this link to the Portland Police Department web site posted several times,  http://www.portlandpolicebureau.com/PDFs/sidewalks.pdf. This site is pretty misleading and show several prohibited activities as permited.

GUIDELINES FOR ENFORCEMENT OF P.C.C. 14A.50.030
(Obstructions As Nuisances)

DRAFT - August 11, 2003

P.C.C. 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.

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 abate any nuisances on sidewalks, and may enforce P.C.C. 14A.50.030 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 City 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 sidewalk users in the dynamic accommodations necessary for the efficient and safe use of a sidewalk.

c. 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.

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

a. A person standing in a through pedestrian zone as part of a crowd that has formed to participate in or observe an expressive event unless the event has lasted more than eight hours;

b. A person participating in or observing an event permitted by the City.

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

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

e. 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 accommodations necessary for the efficient and safe use of a 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.

f. A person who sits on a permanent, City-placed structure or ledge which is elevated above the sidewalk surface, or on 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. Despite the limitations in subsection (3), if an expressive event causes a blockage of the through pedestrian zone on the sidewalks on both sides of a street, Members may order that the through pedestrian zone on one side of the street remain available for through traffic, and may enforce against persons who subsequently obstruct that through pedestrian zone.

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

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

7. 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.
Street musicians are exempt! 15.Aug.2003 15:37

noiz boiz

Equip everyone with a kazoo and you got Vera by the balls.

not a bad idea 15.Aug.2003 16:15

p

maybe we could play america the beautiful, the national anthem (of the usa) and god bless america. or better yet, when the saints come marching in.

Abuse of imagined power 15.Aug.2003 21:21

pix

Based on what I witnesed today, it is now a crime to BE.