(A) A person is subject to exclusion for a period of 90 days from the public streets, sidewalks and other public ways in one or more drug-free zones designated by this chapter if that person has been arrested based upon probable cause to believe that the person has committed any of the following offenses within a drug-free zone, unless the offense was committed entirely within a private residence:
(1) Attempt to unlawfully possess a controlled substance, in violation of O.R.S. 161.405;
(2) Criminal solicitation to unlawfully possess a controlled substance, in violation of O.R.S. 161.435;
(3) Criminal conspiracy to unlawfully possess a controlled substance, in violation of O.R.S. 161.450;
(4) Unlawful possession of a controlled substance, in violation of O.R.S. Ch. 475, other than possession of less than one ounce of marijuana under O.R.S. Ch. 475;
(5) Criminal conspiracy to unlawfully deliver a controlled substance, in violation of O.R.S. 161.450;
(6) Unlawful delivery of a controlled substance, in violation of O.R.S. 475.992;
(7) Attempt to unlawfully deliver an imitation controlled substance, in violation of O.R.S. 161.405;
(8) Criminal conspiracy to unlawfully deliver an imitation controlled substance, in violation of O.R.S. 161.450; or
(9) Unlawful delivery of an imitation controlled substance, in violation of O.R.S. 475.912.
(B) A one year exclusion from one or more of the drug-free zones shall take effect upon the date of conviction for any of the offenses enumerated in division (A) above if that offense was committed within any drug-free zone.
(C) (1) Except as allowed under § 132.06, a person excluded under authority of this section may not enter any drug-free zone except to:
(a) Attend a meeting with an attorney;
(b) Attend a scheduled initial interview with a social service provider;
(c) Comply with court or corrections ordered obligations;
(d) Contact criminal justice personnel at a criminal justice facility; or
(e) Travel through a drug-free zone on the I-84 freeway within the boundaries of any drug- free zone.
(2) While in a drug-free zone, a person who is otherwise excluded may travel only directly to and from the obligations enumerated in divisions (C)(1) through (C)(4) above.
(D) If an excluded person is in a drug-free zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree, pursuant to O.R.S. 164.245.
(Ord. 354, passed 7-9-2001)