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Councilor Taylor was also concerned about the jail time and the amount of the fine. She said that <br />it would ruin some people's lives to pay $5,000. She wanted to keep the lower penalties, lower the <br />fines, and eliminate the jail time. <br /> <br />Councilor Pap~ suggested that the judge would use discretion when considering the fine. He <br />preferred to leave the flexibility with the judge. If another judge came in and offended the <br />community through misuse of the penalties, the council could revisit the ordinance. <br /> <br />Councilor Bettman expressed support for the fines. She said that there were degrees of <br />egregiousness concerned with the issue. She said that the judges must have discretion. Councilor <br />Bettman pointed out the council heard no objection to the fines, and could reconsider them if they <br />became an issue. <br /> <br />Councilor Meisner concurred with Councilor Bettman. He wanted the judges to have discretion, <br />and that included the potential of jail time. Without that authority, the community would not see <br />reform. He emphasized that the violations involved were crimes, and in some cases crimes by <br />predators of youth, and judges needed discretion in sentencing. <br /> <br />Councilor Meisner asked Mr. Klein if incorporating the ordinance into the code precluded a State <br />law enforcement officer from enforcing the State law inside the city limits. Mr. Klein said no. <br /> <br />Councilor Meisner asked the council to keep the intent of the ordinance in mind. It was intended <br />to protect children. <br /> <br />Councilor Taylor said that there could be different judges in the future. She was concerned about <br />the proposed maximum penalties. She said that an adult furnishing alcohol to a minor could be <br />merely one month older than the minor. She hoped the council would postpone action. <br /> <br />Councilor Farr said he was prepared to act and asked the council to move on. <br /> <br />Responding to a question from Councilor Kelly regarding the changes related to trespassing, <br />Lieutenant Stronach said that the ordinance was designed for the chronic shoplifter. The store <br />issued a trespass warning against the individual involved. If the individual returned, instead of <br />being a Trespass II, the violation became a Trespass I. The police could ask the individuals' intent, <br />and if they stole again the intent was clear. <br /> <br />City Manager Carlson said the council would consider Council Bill 4793, an ordinance concerning <br />municipal code changes to coincide with State Statutes. <br /> <br /> Councilor Kelly, seconded by Councilor Pap~, moved that the council bill be <br /> read the second time by council bill number only, and that enactment be <br /> considered at this time. <br /> <br /> MINUTES--Eugene City Council June 10, 2002 Page 10 <br /> Regular Meeting <br /> <br /> <br />