11/06/1972 Meeting - Laserfiche WebLink

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indicated too that any curfew in event of a disturbance would be applied only to the University area. William Wasmann, 216 Bond Lane, managing editor of the Eugene Register-Guard, was con- e cerned primarily with how press functions. would be carried on if everyone is barred from 1he streets. He asked if it is intended that the police will be responsible entirely for notifying people of emergency situations in which a curfew has been imposed. ..---- Hope Pressman,1644 East 27th Avenue, asked if there is sufficient personnel to enforce a curfew equally throughout the community and asked how a curfew would be announced to give everyone due warning, considering the possibility of power outages which would curtail or prevent radio broadcasting. She advocated rejection of the bill. Public hearing on the bill was closed and comments invited from the Council. Councilman Hershner asked if the Manager does have authority under existing ordinances to close streets. City Attorney said he does under emergency circumstances. Councilman Teague asked staff views with regard to restrictions on the press in event of a curfew and why it is felt the authority is needed, considering the comment that exces- sive powers would be placed in the hands of the executive officer. City Attorney replied that problems are encountered in developing any law establishing a curfew, and it is recognized that any curfew gives to the Mayor a great deal of power. However, it is limited in that it may be exercised only when there are acts of violence and eminent danger to the public. The deicision to be made is whether to give that power in the event e of civil emergency. With regard to the press, the City Attorney continued, it was felt members of the press would be included in the general definition of exceptions "...persons engaged in any activity essential to the public health, welfare, and safety." He said this could be spelled out more specifically to include members of the press. As to why it is felt the authority is needed, Manager said the staff regards it as an "insurance policy." - it would permit immediate action in .the event extraordinary powers are needed to control an emergency situation. Police Chief added that it.would be considered pri- marily as an additional "tool" and anticipated use restricted to whatever segment of the community is affected by an emergency. Councilman McDonald asked why proclamation of a curfew would be made by the Mayor. Manager answered that a logistics problem of gathering a quorum of the Council rapidly is the basic reason for giving this unusual, power to the Mayor. The Council would be called together as soon as possible in any emergency and possibly to determine whether the Mayor's assessment was correct in proclaiming a curfew. Councilman Williams questioned the need for a separate local statute and whether the Governor1s authority .could be applied to portions of the. co~munity only in which an emergency may occur. City Attorney said he' thought the Governor's authority could apply in any instance, the question is whether there would be time enough for his action to be adequate. Manager added that there may be instances when it would be desirable . to have the authority at the local level. . He recalled in the instance of the Roseburg explosion that the National Guard was not. available for a period of 24 hours. Mrs. Beal expressed the opinion that there is no necessity for the ordinance in view of voluntary help from citizens in time of emergency. She thought this, with backup from the police, would be adequate. Manager said he did not mean to imply that people are not co-operative in emergency situations, but there have been instances in other com- munities of looting and. extremely great hazardp to. the public going into emergency areas. Councilman McDonald asked how adoption of the ordinance would affect insurance coverage for properties of individuals. Manager said the term "riot" was removed from the pro- posed law because of the exclusion of coverage for riot damage in .some insurance policies. City Attorney said ~he. adoption of the ordinance would not in any way enhance the right of opportunity of a citizen to recover on a policy for fire insurance, glass breakage,etc. Councilman Bradshaw inquired how a curfew would be administered - how could a person prove he did not know a .curfew was in existence. Ci ty Attorney said the burden of proof would be wi,th the ..City - defendant in any proceeding has no burden of proof. Ci ty would have to have evidence that notice. of the curfew was received through newspapers, broad- casts, etc. Councilman Hershner suggested that an announ.cement at the site of a dis- turbance by police would be notice so that if a person did not leave it could be said he -, was aware of the curfew. Mrs. Campbell asked why. the curfew, ordinance is felt necess.ary now if those ordinances - listed by.the ACLU were adequate to ,cover situat.ions in the past. Manager replied it would not be his persuasion that this ordinance would have been used in past disturbances had it been in effect. The staff is attempting to provide a tool for meeting emergencies of a larger scope than any which haveoccvrred up to now. Police Chief said the only time. it. may have been used was .an..incident in the. downtown area which, had it been pro- longed ~ may have been better handled through clearing the area. '32" . . 11/6/72 - 2