07/23/1984 Meeting - Laserfiche WebLink

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as separate offenses in the Eugene Code. In addition, staff was requesting that e the Assault and Batteryordinance be amended as proposed to better define what constitutes the crime of Battery as separate from Assault. In response to a question on Section 4.725 (e) by Councilor Ehrman, Captain DeForrest stated that the department felt that an arrest under the charge of spitting could be made under the new Battery section as well as under the State Code for Harassment. Ms. Ehrman questioned the necessity for subsection (e) if the offense was covered under other statutes. Captain DeForrest stated that some situations occurred which required the use of that subsection. While she realized that new rulings had been established, Councilor Smith said she was concerned with a weakening of the legal recourses available for pro- hibiting inappropriate behavior on the mall. She said the interpretation of many individuals was that panhandling was legal on the mall based on recent legislation passed by the City. She stressed that the council must be aware of the impact on such behavior. Captain DeForrest responded that the department was working with the City Attorney's Office in developing ordinances on noise and panhandling. He said the proposed ordiances will be presented to the council for consideration. CB 2764--An ordinance concerning conduct; amending Sections 4.725 and 4.990 of the Eugene Code, 1971; adding Sections 4.770 abd 4.906 to that code; and declaring an emergency. CB 2765--An ordinance concerning assault and battery; amending e Section 4.730 of the Eugene Code, 1971; adding a new Section 4.729 to that code; and declaring an emergency. Ms. Smith moved, seconded by Ms. Schue, that the bills be read the second time by council bill numbers only, with unanimous consent of the Council, and that enactment be considered at this ti me. Roll call vote; the motion carried unanimously, 6:0. Council Bills 2764 and 2765 were read the second time by council bill numbers only. Ms. Smith moved, seconded by Ms. Schue, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bills were declared passed (and became Ordinance No. 19268 [CB 2764] and 19269 [CB 2765]). V. CONSIDERATION OF CITY COUNCIL LEGISLATIVE SUBCOMMITTEE MINUTES OF JULY 17, 1984 (minutes distributed) Ms. Smith moved, seconded by Ms. Schue, to approve the Legislative Subcommittee minutes of July 17, 1984. Roll call vote; the motion carried unanimously, 6:0. - MINUTES--Eugene City Council July 23, 1984 Page 6