9.27.080 Warning – Conduct subject to exclusion.
Before issuing an exclusion under this chapter, the police officer (or person authorized to enforce rules implementing this chapter) shall first give the person a warning and opportunity to desist from the violation of law or rule. An exclusion shall not be issued if the person promptly complies with the direction and desists from violating the law or rule. Notwithstanding the provisions of this section, no warning shall be required if the person is to be excluded for engaging in conduct that:
(1) Is classified as a felony or as a misdemeanor under the following chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in the ORS:
(a) ORS chapter 162, Offenses Against the State and Public Justice;
(b) ORS chapter 163, Offenses Against Persons;
(c) ORS chapter 164, Offenses Against Property, except for ORS 164.805, Offensive Littering;
(d) ORS chapter 165, Offenses Involving Fraud or Deception;
(e) ORS chapter 166, Offenses Against Public Order; Firearms and Other Weapons; Racketeering;
(f) ORS chapter 167, Offenses Against Public Health, Decency and Animals;
(g) ORS chapter 475, Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or
(2) Otherwise involves a controlled substance or alcoholic beverage; or
(3) Has resulted in injury to any person or damage to any property.
(4) Is conduct for which the person previously has been warned or excluded for committing in a public place. (Ord. 438 § 8, 2020).