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Captain Pete Kerns said the short-term strategy of foot and bike patrol, particularly on West Broadway, had <br />been effective in reducing behavioral crime activity and chronic race-based activity that did not meet the <br />criteria for an intimidation crime as defined by statute. He said that once the patrol ended the activities <br />immediately resumed. He noted that assignment to the summer bike patrol was voluntary. <br /> <br />Ms. Ortiz said she had hoped for some specific language regarding an ordinance related to the downtown <br />park blocks. Captain Kerns said there were currently restrictions that applied to the park blocks that <br />excluded someone for a period of time based on violation of certain park rules, which included the park <br />blocks, but enforcement would require assignment of a full-time officer. Chief Lehner added that specific <br />language was not proposed pending direction from the council on the subject of exclusionary zones. <br /> <br />Ms. Ortiz asked if including language on hate-related harassment in an ordinance would be an effective tool <br />for curtailing the offensive behavior seen on the street. Chief Lehner said it would be an effective tool <br />because currently some very offensive behavior was not illegal and officers could not do anything about it; <br />offenders were aware of that. He said such an ordinance had been used successfully in other communities. <br /> <br />Mr. Clark hoped the council would provide direction to staff with respect to budgeting for winter patrols and <br />ordinance language in addition to the work on hate crimes that would address offensive behaviors. He gave <br />some examples of behaviors that some business owners had been subjected to, including death threats and <br />vandalism. He did not feel that officers had the appropriate support and tools to deal with the increased <br />level of those offenses. He said those behaviors would need to be addressed if the City wished to encourage <br />more people to live in the downtown area. He hoped officers would be given the ability to exclude specific <br />people for certain behaviors for a period of time, similar to the approach taken in other communities. <br /> <br />In response to a question from Mayor Piercy, Chief Lehner said that some of the behaviors cited by Mr. <br />Clark were illegal, but EPD lacked the capacity for consistent enforcement. He said some of the lower <br />levels of harassing behavior were not illegal. <br /> <br />Mayor Piercy asked for information about the type of complaints seen in the downtown area over the last <br />several years and the time of year they occurred. Chief Lehner said that information could be provided, but <br />some of the problems were in categories that were significantly under-reported. <br /> <br />Mr. Pryor said there were two problems: the need for a law against certain behaviors and activities and the <br />capacity to enforce the law. He said lack of enforcement often encouraged more bad behavior and the <br />council should be cautious about assuring that any ordinances could be consistently enforced. He agreed <br />that what was occurring in downtown was unacceptable and was interested in enhanced enforcement and <br />exclusionary zones. He said that trespass was an effective strategy for removing inappropriate behavior, but <br />there had to be a concurrent discussion of enforcement capacity. <br /> <br />Chief Lehner explained that enhanced enforcement or penalty zones tended to be easier to enforce than <br />exclusionary zones, particularly with respect to property that was open to the public at all times. <br /> <br />Ms. Taylor asked what types of offensive behaviors were currently not illegal. Chief Lehner said that <br />presently under Oregon law it was not illegal to shout racial epithets at someone, but in many other <br />jurisdictions there was a distinction between making a general hate-related statement and directing that <br />statement against an individual with the intent to annoy, harass or harm that person. He said it was that <br />distinction an ordinance would address. <br /> <br />Ms. Taylor asked how an exclusionary zone would function. Chief Lehner said catching someone in an <br />exclusionary zone engaged in an act specifically prohibited under the exclusionary statute would result in a <br /> <br /> <br />MINUTES—Eugene City Council April 14, 2008 Page 7 <br /> Work Session <br />