Item 5: Ordinance on Downtown Public Safety Zones

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ATTACHMENT C Version C (a) A peace officer who has probable cause to believe a person who has been granted a variance has violated its terms or conditions may issue to the person a notice to show cause that requires the person to appear at municipal court at a specified date and time, at which time the court will set a date and time for a show cause hearing. (b) If the person fails to appear at the time and date specified in the notice, the court may revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance. If the court finds that the city proved by a preponderance of the evidence that the person violated the terms or conditions of the variance, the court may revoke or modify the variance. (4) Definitions. (a) Arrest. As used in this section and sections 4.874, 4.875, and 4.877, of this code, “arrest” includes taking a person under 18 years of age into custody as defined in ORS 419C.080(1)(a). (b) Essential Needs. As used in this section, "essential needs" means food, physical care and medical attention for both physical and mental conditions. (c) Travel. As used in this section and section 4.874 of this code, travel means the movement on foot or within or upon a vehicle A@ within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. 4.879 Violation of Downtown Public Safety Zone Restrictions . (1) A person commits the crime of violation of downtown public safety zone restrictions if the person enters or remains unlawfully in or upon premises in the downtown public safety zone. (2) The term “enter and remain unlawfully” shall have the meaning provided in section 4.805 of this code. For purposes of this section, “premises” means the public parks and public streets, alleys, sidewalks and other public ways in the downtown public safety zone. Section 2 . Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by adding the penalty for violation of Section 4.879 of this Code in numerical order to the penalty table to provide: Ordinance - Page 8 of 9 Version C -