Item 5: Ordinance on Downtown Public Safety Zones

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Downtown Public Safety Zones; and Adding Sections 4.873, 4.874, 4.875, 4.876, 4.877 and 4.878 to the Eugene Code, 1971 Meeting Date: August 11, 2008 Agenda Item Number: 5 Department: Police Staff Contact: Robert M. Lehner, Chief of Police www.eugene-or.gov Contact Telephone Number: 541-682-5102 ISSUE STATEMENT The City Council is scheduled to take action on the establishment of a Downtown Public Safety Zone for the City of Eugene. The ordinance would allow the municipal court to exclude persons who commit certain offenses from the zone. BACKGROUND At the request of the City Council, the first work session on downtown public safety was held on April 14, 2008, to discuss the growing disorder-related issues in the downtown core; including crimes against people and property. The Eugene Police Department (EPD) provided information on special projects and other short and long-term strategies that have been utilized to deal with downtown’s disorder-related issues. A second City Council work session was held on June 9, 2008, to explore creating a Downtown Public Safety Zone ordinance as a long-term strategy for downtown safety issues. The council held a public hearing on the proposed Downtown Public Safety Zone ordinance on July 21 where 19 speakers provided comments to the council regarding the proposed ordinance. The council discussed several modifications to the proposed ordinance which are provided in this summary as options for City Council consideration. Exclusion Zones Three versions of the proposed ordinance are attached. The council has previously discussed Version A, which allows the municipal court to exclude a person charged with certain offenses prior to conviction, and Version B, which provides for exclusion only after conviction. Version C is a hybrid of A and B and is the version that the City Manager recommends for adoption. It allows for a pre-conviction exclusion only for a smaller group of offenses, expands the proposed zone by one block, and includes a sunset clause. Versions A, B and C are Attachments A, B and C respectively. Version C of the proposed ordinance creates the Downtown Public Safety Zone and provides for exclusion from the zone for 90 days if a municipal court judge finds by a preponderance of evidence that a person committed a drug offense or criminal mischief (listed as Category 2 offenses in Attachment F) within the zone. Version C also provides for exclusion for a term of one year upon conviction of certain offenses (Categories 1, 2, 3 and 4 in Attachment F) committed in the zone and authorizes the municipal court to grant excluded persons variances to enter the zone for a variety of purposes. (The list of offenses in Attachment F is the same as discussed at the public hearing on July 21, except that public Z:\CMO\2008 Council Agendas\M080811\S0808115.doc