CC Minutes - 06/08/98 Meeting - Laserfiche WebLink

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its repeal on a date in the future because it was enacted as an amendment of an already existing ordinance. In response to a question from Mr. Tollenaar, City Attorney Glenn Klein explained that postponing enactment of the ordinances related to the downtown mall until legal challenges to similar City of Portland ordinances were resolved had not been deemed necessary because those under challenge were significantly different that the Eugene proposals. Ms. Bohman added that the Portland ordinances covered larger areas and, in some cases, excluded persons from areas needed for access to employment and public services. Mr. Laue said he was concerned about double jeopardy issues in relation to the exclusion ordinance. Mr. Klein replied that the City Attorney's Office did not believe there was a constitutional double jeopardy problem with the proposed ordinances because the police-issued order of exclusion provided for a hearing before a municipal judge. City Manager Jim Johnson announced that the council would consider Council Bill 4653, an ordinance excluding law violators from the Downtown Mall; adding a new Section 4.874 to the Eugene Code, 1971; and providing an automatic repeal as of March 31, 1999. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4653, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 8:0. Mr. Johnson announced that the council would consider Council Bill 4653 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4653 be approved and given final passage. Mr. Lee read regulations currently in force on the downtown mall and stated that he believed there was a curfew law restricting the hours youth could be unsupervised in public places. He said he believed the proposed ordinance created unnecessary additional restrictions on the use of the mall. He described concerns about youth on the mall as societal issues which could not be solved with legislation. He suggested that it would be more realistic to increase social services for youth such as the summer recreation programs which had been created at the Lane County Fairgrounds. Ms. Taylor stated that she agreed with Mr. Lee that there were already more regulations and laws than could be enforced. She said she was concerned that those who were excluded from the mall would go elsewhere and that there would be increased, not reduced, requirements for police services. She said she was also concerned that there was not adequate jail space to put people who broke the law. In response to a series of questions from Mr. Swanson Gribskov, Mr. Klein explained that the proposed ordinance did not apply to violations of mall regulations read by Mr. Lee; that it included a "sunset clause" requiring that the council take action to extend its continuance beyond March 31, 1999; and that it provided for constitutionally required due processes through providing for a hearing before a municipal judge. MINUTES--Eugene City Council June 8, 1998 Page 5 7:30 p.m.