Item B: Downtown Public Safety Issues

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EPD does not believe that an enhanced penalty ordinance is an effective tool for dealing with disorder- related issues downtown. Municipal Court Impacts The proposed policing effort in the downtown core area will increase case filings at Eugene Municipal Court. The court will be responsible for timely processing of all exclusion and variance matters in addition to regular court proceedings. These matters will increase judicial and court staff time. The impact to the court’s criminal caseload will be an increase in the number of charges for people who violate downtown public safety zone restrictions. The additional prosecutions for violation of downtown public safety restrictions will also increase City Prosecutor and court-appointed attorney hours. The ability to impose meaningful sanctions is critical in addressing the target problem. For many individuals, alternative sanctions such as road crew or community service are not a viable option. Therefore, the increased number of charges will add more burden to an already limited number of available jail beds. RELATED CITY POLICIES This topic relates to the Safe Community Vision: A community where people feel safe, valued, and welcome. In addition, the topic also relates to several of the City Council’s ten goals: the Homeless, Sustainability, Downtown and Police Initiatives. The Park Rules currently provide an option of exclusion from parks and playgrounds for certain offenders. COUNCIL OPTIONS 1)The council may choose to direct the City Manager to schedule a public hearing on version A, an ordinance providing for a 90-day exclusion triggered by an arrest or citation for certain offenses committed within the downtown area, and providing for a one-year exclusion upon conviction. 2)The council may choose to direct the City Manager to schedule a public hearing on version B, an ordinance to exclude persons for one year upon conviction of the commission of certain offenses within the downtown zone’s boundaries. 3)The council may direct staff to create a new version of the exclusion ordinance that includes elements of both versions A and B, or other elements determined by the City Council, and may direct the City Manager to schedule a public hearing on the new version. 4)The council may decide that at this time it does not want to pursue any further action regarding exclusion ordinances. Both versions of the ordinance require a municipal court judge to find by a preponderance of evidence that the person committed a certain crime within the zone before the exclusion becomes effective. Version A provides that the 90-day exclusion triggered by arrest or citation will terminate if the excluded person is acquitted, if the charges are dismissed, or if no charges are filed. The council may choose to combine versions A and B to provide for exclusion triggered by arrest or citation for more serious offenses and exclusion upon conviction for less serious offenses. This choice Z:\CMO\2008 Council Agendas\M080609\S080609B.doc