09/28/1977 Meeting - Laserfiche WebLink

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~- - - - I . Mr. Long said presently, as a matter of state law, the officer had the discretion for use of citations, but the ascertation must be made of who ,-. the person is and where that person lives. One of the things that occa- sionallyoccurs is the arrested person will not tell the police officer either name or address. This prevents the police officer from doing anything and would tend to make the law difficult to enforce, with those least willing to cooperate escaping prosecution. Mr. Haws expressed concern about Section 2, citing an example of a person standing and talking to a prostitute, thinking about using her services, but not finalizing that action, and how the police officer would make a determination in such a case. Mr. Long read from the ordinance the first sentence under Se~tion 2, noting because of that subject, "loitering," it is necessary to set up certain criteria to define which Section 2 continues to do. If there is some otherwise innocent behavior involved, the officer has the discretion to allow the person to explain those actions. He also noted there would have to be repeated actions. Mr. Haws expressed concern about a fine line;being drawn, and wondered if this ordinance did not go too far. Mayor Keller said some judgment had to be involved and the Chief was telling Council that guidelines would be established. He felt Council should have faith in the staff itself, however, noting there was no guarantee about anything. Mr. Haws moved, seconded by Mr. Bradley, the ordinance be referred to the Human Rights Council for more input and support. Mr. Delay expressed concern of the time involved. He felt there was a e need for more pUblic comment and suggested scheduling the ordinance for a public hearing at the next Monday meeting. Mr. Bradl~y withdrew his second to the motion. Mr. Delay requested, seconded by Mr. Lieuallen, to defer action on the ordinance to October 10 for a public hearing. Mr. Lieuallen requested attorney provide a report of court actions regarding the Portland prostitution ordinance. IV. Request for acquisition of property, Parks Department, Hawkins Heights and Highland Oaks vici:nity (Memo distributed) Mr. Haws moved, seconded by Mr. Hamel to authorize City Manager to exercise option for purchase of property in Hawkins Heights and Highland Oaks vicinity for park purposes (Lot 5400). Roll call vote. Motion carried unanimously. V. Discussion of City policy on spraying and public notification--Information di s tri buted. I Mr. Obie left the meeting. 9/28/77--6 ,e lLf8