Item B: Ordinance on Downtown Public Safety Zone

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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 agenda item summary 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 the ordinance in reducing targeted incidents in the DPSZ. On October 8, the City Council received the Police Commission’s recommendation (see Attachment A) regarding continued enforcement of the ordinance. 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 for 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 from 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:  Continue the DPSZ and work with stakeholders to resolve outstanding issues in the ordinance;  Add sexual offenses and tie state statutes to municipal codes;  Discuss options to mitigate aspects of the due process; and  Consider greater support and funding to social service agencies to aid in the overall criminal justice system. Proposed Amendments to the DPSZ Ordinance At the October 25, 2010, City Council work session, Chief Kerns presented information on the status of the DPSZ and Municipal Court Judge Allen was present to answer questions regarding the process of civil exclusions through the Eugene Municipal Court. Following the October work session, a public hearing was held on November 22, 2010. The proposed ordinance offered at the public hearing (see attachment B) provided three changes to the existing DPSZ ordinance. These included:  Extending the DPSZ for 18 months so additional police officers appropriated through the FY11 budget may complete their training and the new Downtown Police Team can be established as a continuous, year-round assignment. With this team in place the department should have additional resources to resolve many of the crimes and violations occurring in the downtown core and by 2012, the additional jail beds the City proposes to add should be providing an additional deterrent to crime.  Adding sexual violations and crimes to the ordinance. Chief Kerns, working with City Prosecutor Dan Barkovic, Eugene Municipal Court Judge Allen, Public Defender Dan Neal, representatives from the City Attorney’s Office and other staff have identified additional offenses to add to Section 4.874 of the Eugene Code.  Adding Oregon Revised Statutes to applicable provisions for which the municipal court may exclude individuals for 90 days following a show cause hearing or for one year following a conviction. A list of all violations and crimes is provided as Attachment D. Z:\CMO\2010 Council Agendas\M101208\S101208B.doc