Item 4: Ordinance Concerning Downtown Public Safety Zone

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On August 9, 2010, the City Council approved Ordinance No. 20462 to maintain the exclusion process until the Police Commission could review the staff’s activity report, hold a public comment session, and provide a recommendation to the City Council. The extended sunset date of January 8, 2011, was requested to allow time to process any amendments to the DPSZ Ordinance if, after this or future work sessions and reviewing the Police Commission’s recommendation, the council asks for amendments to the ordinance. Following council direction, a staff report of the activity recorded in the Downtown Public Safety Zone was provided to the Eugene Police Commission. This report is available on the Police Commission website, (a hyperlink is provided in the electronic version of this AIS to: (DPSZ Activity Report)) and the report is available in hard copy for the council if desired. The Police Commission reviewed the report and held a forum on September 1, 2010, to obtain public input regarding the effectiveness of this ordinance in reducing targeted incidents in the DPSZ. The City Council received the Police Commission’s recommendation (See Attachment A) regarding continued enforcement of the ordinance on October 8, 2010. Public Comments and Police Commission Recommendation At the Police Commission’s Public Forum on September 1, and the City Council’s public hearing on July 29, 2010, speakers expressed both support and opposition to the use of a civil exclusion process. Those in favor primarily spoke of the need to make downtown safer, removing predators from the city’s core and their view that the DPSZ was improving conditions downtown. The majority of those opposed spoke against all exclusionary zones, protection of First Amendment rights and fear that homeless individuals and youth may be unfairly targeted for exclusion. The Police Commission summarized the concerns they heard at the public forum and their reactions to the Downtown Public Safety Zone Activity Report in their October 8, 2010, memorandum to the City Council. Their recommendation to the council emphasized four main points:  They recommended to the City Council that enforcement of the DPSZ be continued and that the council work with stakeholders to resolve outstanding issues in the ordinance.  That the City Council should add sexual offenses and tie state statutes to municipal codes in the provisions for which a person can be excluded.  They called for a discussion of options to possibly mitigate aspects of the due process concerns between the Police Department and Municipal Court as part of the decision regarding the future of the DPSZ.  Finally, the Police Commission urged the City Council to consider greater support and funding to social service agencies to aid in the overall criminal justice system. Proposed Changes to the Downtown Public Safety Zone Civil Exclusion Process Over the past months, the Police Department has conferred with Municipal Court Judge Allen, the Court Administrator, the City Prosecutor and members of the public, to identify options to improve the DPSZ civil exclusion process. At the work session on October 25, 2010, Chief Kerns presented information on the status of the DPSZ. Judge Allen was present to answer questions regarding how the exclusionary process works in the Eugene Municipal Court. At the October 25, 2010 work session, Chief Kerns asked the council to consider a limited extension to the DPSZ for 18 months. The additional 18 months of the DPSZ are viewed by law enforcement partners as a significant resource that will be necessary to maintain progress achieved in improving downtown Eugene’s livability and safety. Within 18 months, the additional police officers added in the Z:\CMO\2010 Council Agendas\M101122\S1011224.doc