(A) Any exclusion from city property and any prohibition against calling city telephones may be appealed by filing a written appeal with municipal court within five business days after service of notice of exclusion or notice forbidding telephone contact.
(B) The exclusion or prohibition against calling city telephones shall remain in effect during the appeal period.
(C) If an appeal is not timely filed with the municipal court, no appeal hearing will be held and the exclusion notice or notice forbidding telephone contact shall become the final decision of the city.
(D) The municipal court judge shall hold a hearing on the appeal within seven business days of the date of filing of the appeal, unless the appellant and the city agree to a different date.
(E) The appeal hearing shall be conducted by the municipal court judge. No jury shall be empaneled for a hearing pursuant to this section.
(F) The municipal court judge will review the written appeal and may consider any testimony, evidence and other argument presented by the city and by the person who is the subject of the notice, as well as any other testimony, evidence and other argument that the municipal court judge considers relevant to whether the exclusion of prohibition is lawful and consistent with this chapter, O.R.S. 166.090 or any other applicable law.
(G) The municipal court judge shall issue a written decision on the appeal within five business days of the date of the appeal hearing.
(H) The municipal court judge may uphold, amend or rescind the exclusion or telephone prohibition. The decision of the municipal court judge is the final decision of the city.
(Ord. 1294, passed 10-20-2014; Ord. 1301, passed 4-20-2015)