CC Minutes - 06/10/02 Meeting - Laserfiche WebLink

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