City of Portland v. Ledwidge

Defendant was charged with violation of a park curfew, Portland City Ordinance 2.12.210. Defendant moved to dismiss the complaint on the grounds that the complaint did not state a crime and that the ordinance was unconstitutional.1 The trial court sustained defendant’s motion on both grounds. The city appeals.

Portland City Ordinance 2.12.210 provides:

"It is unlawful for any person to be in a park any time between the hours of twelve-one a.m. and the following five a.m. This section shall not apply to the following, which are affirmative defenses:

"(1) Vehicular traffic crossing a park on a…