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HomeMy WebLinkAboutItem C: Downtown Public Safety Issues ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Downtown Public Safety Issues Meeting Date: April 14, 2008 Agenda Item Number: C Department: Eugene Police Staff Contact: Robert M. Lehner, Chief of Police www.eugene-or.gov Contact Telephone Number: 541-682-5102 ISSUE STATEMENT This is a work session to discuss downtown safety issues. At the request of the Eugene City Council, background information has been provided regarding the Police Department’s Special Projects program and other short and long-term strategies that have been utilized to deal with disorder-related issues in Eugene’s downtown area. BACKGROUND Like the urban core areas of most cities, Eugene’s downtown core has periodically dealt with disorder- related issues regarding minor crimes, vandalism, and harassment. Over the years, various strategies have been employed to resolve these issues and have usually shown moderate or better success as long as resources remained available. The specific location of the problems has moved from one localized area to another as businesses have changed, enforcement and other strategies were implemented, and as street traffic was increased or decreased. Special Projects Program In the FY06 budget, EPD’s “Special Projects” program was created from a combination of new allocation and reallocation of existing resources. The program is used to deploy proactive patrols, including the urban core bike and foot patrols. The department anticipates requesting continuation of this funding in FY09 and has every expectation that the Special Projects program will continue in the FY09 budget. Funding of the Special Projects program associated with the downtown area foot and bike patrols was intended to provide overtime-based resources to deploy two officers for one shift (10 hours) seven days per week from April through October. As indicated in the previous memo, staff anticipated it would reach an overtime capacity saturation point, and did. The primary limiting factor is not direct funding, but staff capacity. To maximize the deterrent effect of these patrols, staff’s practice has been to unpredictably vary those times when, due to capacity issues, it is unable to deploy them. In FY07, due to capacity issues, the department delayed the start of the proactive patrols. Despite the delay, EPD still deployed a total of approximately 850 hours of proactive patrols in the downtown in FY07 and, for the first five months of FY08, deployed 265 hours, ending the proactive patrol regular activities as scheduled at the end of October 2007. Although police capacity issues are far from being solved, the patrols started on-schedule in April 2008. This year, the patrols will be interrupted during F:\CMO\2008 Council Agendas\M080414\S090414C.doc the period of the Olympic Trials during which time EPD will be fully deployed with no additional capacity available. Over the past year or more, some downtown business owners/operators have repeatedly been the subject of racially-motivated harassment. Some of those incidents were classified as crimes and others, although apparently motivated by hate or racism did not fall into the definition of any crime in the Eugene Municipal Code, or Oregon Revised Statutes. Regardless, the circumstances of some of the crimes complicated staff’s ability to prosecute those responsible for them. Councilors Andrea Ortiz and Mike Clark organized several downtown safety meetings which were attended by Eugene Police command staff, downtown business operators, and other interested parties to develop a plan to address behavioral crime problems in the downtown core. Efforts previously had been frustrated by, among other factors, limited police staffing. Staff agreed to address the problem with short, intermediate and long-term strategies. Strategies In the short-term, EPD assigned an additional bicycle officer to the downtown core to focus on those offenses for which prevention, presence, and an immediate police response is most likely to result in the desired outcome. The officer maintained open lines of communication with the affected business owners and family members to ensure they were able to report crimes as they happened, directly to an officer able to respond immediately. The officer also became familiar with offenders who frequented the downtown core so when crimes occurred he was able to quickly identify the individual responsible. He developed relationships with citizens willing to testify as witnesses and others who only felt safe sharing information anonymously. The effect of this policing strategy has been an observed reduction in crime and a greater sense of safety in the affected portion of the downtown. It has also caused an apparent shift of those adolescents and young adults who loitered on W. Broadway to the area around the Eugene Public Library. Behavior crimes have followed. The Police Department's intermediate strategy has been to assign all foot patrol officers (DEI, West University, and Summer Bicycle Program) under the supervision of one sergeant in the Community Policy Section of the Patrol Division. This transition of the program will ensure the policing efforts in the downtown core will be managed by supervisors with a focus on reducing crime and improving safety. Possible long-term strategies include further increasing the proactive presence of police officers in the downtown, consideration of enhanced disorder control ordinances such as hate-related harassment behaviors, downtown “safety zone” declarations, and exclusionary ordinances. As the Special Projects Program has demonstrated, some of the most effective methods for reducing crime in a small and active area like downtown Eugene are the consistent, long-term presence of police officers assigned to proactive activities. Although staff does not have the personnel capacity to increase the hours of operation or numbers of officers assigned from April through October, it does have some limited capacity to extend the operation from October through April if funding were available. In the long-run, the solution to this staff capacity issue is the continued, incremental addition of police officers over the course of several budget years. F:\CMO\2008 Council Agendas\M080414\S090414C.doc Hate-Related Harassment The Human Rights Commission had a preliminary interest session last year, followed by a scoping session in early April 2008, to discuss the possibility of enhancing protections for individuals from hate- related harassment. A number of problem behaviors that are illegal in other states are lawful in Oregon and Eugene, adding considerable tension to an already challenging problem. New city ordinance(s) are possible that balance free speech rights with the rights of individuals to be free from such harassment. Some crime-related laws carry enhanced penalties for commission within certain areas. For example, drug sales within proximity to schools are often escalated in severity. Similarly, other cities have created “drug-free,” “prostitution-free,” or other types of zones targeting particular problem behaviors. These are not exclusionary zones but enhanced enforcement zones, generally effective if adequately posted and enforced. Exclusionary Zones Exclusionary zones are another enforcement tool that has been utilized in the past by the City of Eugene, with varied levels of success and controversy. The Prostitution Exclusion Zone ordinance applied to the West Jefferson and Whiteaker neighborhoods some years ago virtually eradicated street level prostitution in those neighborhoods without transferring it to another area in Eugene. Parks exclusions are used as an effective tool to temporarily forbid certain offenders from remaining or returning to all City parks. Parks exclusions have been fairly uncontroversial while providing officers with an alternative to incarceration that displaces chronic violators, creating a greater sense of safety in local parks and playgrounds. When the downtown core was a pedestrian mall, an exclusion ordinance allowed officers to prohibit repeat offenders from returning to the limited geographical area known as the downtown mall for brief periods. Officers considered the ordinance to be an effective method for reducing crime. Both the Prostitution Exclusion ordinance and the downtown Mall Exclusion Ordinance were applied in some measure to members of vulnerable populations who accessed social services located within the exclusion zones. Allowing subjects excluded by ordinance into the zone for important services was occasionally challenging. The City received complaints that exclusions were not consistently applied, leading to some perception of disparate enforcement. Other cities have had similar experiences with exclusion zones intended to address prostitution, drug sales and possession, and behavior crimes. The critical component of an effective exclusion zone is a consistent police presence. Some recent news articles describing the use of these zones are included as Attachment A. RELATED CITY POLICIES This topic relates to the Safe Community Vision: A community where people feel safe, valued, and welcome. In addition, the topic also relates to several of the council’s 10 goals: the Homeless, Sustainability, Downtown and Police initiatives. Absent a significant change in the service expectations of the community, the mid and long-term solution to these issues remains the addition of officer capacity by the addition of sworn staff and their associated support requirements. The Mayor and City Council have identified this need via the designation of this subject as one of the City Council’s 10 priority goal issues. F:\CMO\2008 Council Agendas\M080414\S090414C.doc The Park Rules currently provide an option of exclusion from parks and playgrounds for certain offenders. COUNCIL OPTIONS As a result of the information and discussion in the course of this work session, City Council may take several approaches to this issue: 1) The council may determine that this information was sufficient and take no further action at this time. 2) The council may determine that further work is necessary and recommend work to the Human Rights Commission, Police Commission, City Council subcommittee, or to staff, depending on the subject and the direction of the City Council. 3) The council may direct staff to begin work on an enhanced penalty zone targeting specific behaviors. 4) The council may direct staff to begin work on a draft ordinance to provide a mechanism for an exclusionary zone for individuals who have committed certain offenses. 5) The council may combine items 2-4, requesting further work on this issue. CITY MANAGER’S RECOMMENDATION This item was requested by the City Council and is presented for the council’s consideration and discussion. The council’s direction for the development of any of these options is requested. SUGGESTED MOTION No motion has been provided as this is a council work session to discuss the issue. ATTACHMENTS A. Five news articles pertaining to the use of exclusion zones by other communities FOR MORE INFORMATION Staff Contact: Linda Phelps, Police Planner Telephone: 541-682-6308 Staff E-Mail: linda.m.phelps@ci.eugene.or.us F:\CMO\2008 Council Agendas\M080414\S090414C.doc City in no rush to changepanhandling lawPage 1of 3 SEATTLE POST-INTELLIGENCER http://seattlepi.nwsource.com/local/350571_panhandle08.html City in no rush to change panhandling law Some wonder if restrictions on begging will lead to influx in crime Friday, February 8, 2008 Last updated 12:46 a.m. PT By CASEY MCNERTHNEY P-I REPORTER Spending a few nights a week on Fifth Avenue and Pine Street, Stephen Raymond knows a Seattle culture most walk past. He sells Real Change newspapers now, but has put in time with a cardboard sign, hoping people would have compassion for a homeless man trying to stay warm in a drenched winter coat. But things aren't easy for the 49-year-old. He said panhandlers average about $10 a day holding a sign in Seattle's downtown corridor, and he's not a top newspaper salesman. Even more troublesome, Raymond believes he and friends who panhandle or sell papers for a living are coming under attack in new laws that limit them in other parts of King County. In the end, he contends, efforts to curb panhandling often create more crime problems. "I've heard people in Issaquah are very generous, and it's easier holding a sign in the north and south parts of Seattle," said Raymond, a recovering opiate addict who has a bad back and depends on Supplemental Security Income. "I can see why people are passing these laws, and we don't want the aggressive guys either. "But if someone can't just stand there with a sign to get money, there's going to be an increase in low- end crime. There are some guys who would take car stereos or break into a garage. And that may turn into high-end violence." This week, panhandlers in Issaquah got an unwelcome change when a new law prevented them from begging near more than a dozen intersections or highway onramps and offramps there. In Federal Way, Mayor Jack Dovey wants the City Council to pass an ordinance that allows police to bust panhandlers who linger near bus stops or ATMs, citing safety concerns. Some City Council members want less stringent regulations, and a final reading on a proposed ordinance is scheduled later this month. Those city leaders are hoping for results similar to Tacoma, where an ordinance passed in April put tighter restrictions on panhandlers and where downtown business owners report a remarkable drop in panhandling. Tacoma police say only one panhandler has been arrested during that period, in part because some know the new law as well as officers who enforce it. When convention planners and hospitality professionals flocked to Seattle in January, some raved about our gorgeous, walkable downtown, but they also said something needed to be done about the beggars. Seattle leaders have heard complaints from tourists and business owners, but they're not rushing to http://seattlepi.nwsource.com/printer2/index.asp?ploc=t&refer=http://seattlepi.nwsource.co...2/8/2008 City in no rush to changepanhandling lawPage 2of 3 change the law. Instead, they're taking a wait-and-see approach, wondering if new panhandling ordinances in nearby cities will be effective. City Council President Richard Conlin said although the council watches for ways to make panhandling less of a problem, it's important to direct people who need help into the human services network. He and a spokesman for Mayor Greg Nickels said they aren't aware of any plans to take measures similar to Tacoma or Issaquah. Noting the opposition that came when Seattle's current panhandling ordinance was strengthened in 1993, Councilwoman Jan Drago -- who counts Seattle among the nation's best for human service programs -- said the current council, is "probably not going to go in that direction again." Seattle was among the first of about 100 cities in the country to pass an aggressive panhandling ordinance in 1987. Six years later, then-City Attorney Mark Sidran proposed a series of civility laws that can lead to prosecution of those who urinate, defecate, drink or camp out on city streets. He also wanted to redefine aggressive panhandling to allow prosecution without testimony by the victim. Housing advocates and civil libertarians scorned him. Protesters made posters with nasty slogans written around pictures of his face, and at one demonstration they made a life-side effigy of Sidran and squashed it underneath a portable toilet. "No question it raised my visibility and was viewed by my political opponents as something that was outrageous," said Sidran, who lost a close 2001 mayoral race to Nickels. "Frankly, I was always quite comfortable taking the position I took because I thought it was the right thing to do." After a legal battle, a federal judge upheld the ordinances in March 1994, allowing the city to enforce the current limits to aggressive panhandling. Seattle Municipal Code states it's illegal for a panhandler to "make a reasonable person fearful or feel compelled." Public safety was a reason Issaquah leaders passed their panhandling ordinance, Mayor Ava Frisinger said. They had received several complaints from downtown business owners saying aggressive panhandlers made people feel unsafe. "Hopefully it's an ordinance that will provide the tools the Police Department needs to correct those situations," Issaquah Deputy Council President Fred Butler said. The panhandling ordinance in Tacoma -- where a 2007 one-night count found 1,596 homeless people -- made it a misdemeanor to panhandle near ATMs, bus stops, building entrances and some other public areas. The city also outlawed panhandling before sunrise and after sunset. That's made things easier for people downtown, said John Trueman, who until Tuesday was president of the Cross District Association in Tacoma. "There are still people that panhandle, but we used to have panhandlers on our freeway exits and they http://seattlepi.nwsource.com/printer2/index.asp?ploc=t&refer=http://seattlepi.nwsource.co...2/8/2008 City in no rush to changepanhandling lawPage 3of 3 are now gone," he said. But the homeless still need help, said Tim Harris, executive director of Real Change, a nonprofit activist publication whose vendors have been limited by Tacoma's ordinance. Ordinances restricting panhandling don't address the lack of resources that drive such actions, he said. "There is a condo boom and a downtown development boom much like there is in Seattle, and I believe that is the impetus for the anti-panhandling legislation," he said. "There is a fear by neighboring communities that they see an increase as people are forced out. ... I think that (ordinance) trend is going to continue." Tacoma isn't the first city to pass an ordinance banning panhandling after dark and near ATMs. In 1999, the Indiana Civil Liberties Union filed a lawsuit to block an Indianapolis ordinance prohibiting panhandlers from asking for money from people in their cars, at bus stops or from people standing in line, among other restrictions. In a 21-page ruling, a U.S. District judge said the ordinance was not a blanket ban that unduly infringes on people's First Amendment rights, according to The Associated Press. Homeless advocates claim many people who panhandle don't live on the streets and say Seattle and King County officials need to focus on a bigger problem. The annual One Night Count of the homeless in Seattle and other parts of King County last month found 2,631 homeless people -- a number 15 percent higher from a year ago. "What we've seen across the county is that laws against panhandling don't address the real problems," said Alison Eisinger, director of the Seattle/King County Coalition on Homelessness. "What people could use is additional support." P-I reporter Casey McNerthney can be reached at 206-448-8220 or caseymcnerthney@seattlepi.com. © 1998-2008 Seattle Post-Intelligencer http://seattlepi.nwsource.com/printer2/index.asp?ploc=t&refer=http://seattlepi.nwsource.co...2/8/2008 BERKELEY / Council passesplan to stop bad street behaviorPage 1of 2 BERKELEY Council passes plan to stop bad street behavior Carolyn Jones, Chronicle Staff Writer Wednesday, June 13, 2007 Berkeley's City Council voted unanimously Tuesday night to pass most of a sweeping plan to clear the streets of aggressive and disruptive behavior. The Public Commons for Everyone Initiative passed 9-0 after months of debate among the council, homeless advocates, merchants and residents. The council instructed City Manager Phil Kamlarz to develop details of the implementation, which he will bring back to the council for further approval. "This is a tolerant and caring community, but we do have our boundaries,'' said Mayor Tom Bates, the legislation's sponsor. "As a small city, we can never solve the drug and alcohol problems that play out on our streets, but this is one thing we can do." The initiative cracks down on a wide range of behavior that some say make Berkeley's streets inhospitable to residents and visitors alike. Among the activities that will be banned are smoking near buildings in commercial areas, lying on the sidewalk, public urination and defecation, drinking in public, possessing a shopping cart and shouting in public. The initiative is expected to go into effect late this year. It is meant to expand portions of Bates' Telegraph Avenue revitalization plan across the city, especially downtown and the northern end of Shattuck Avenue, where merchants, residents and visitors have been complaining for years about disruptive street behavior. While Berkeley has an array of services for its 800 or so homeless people, many refuse to participate or are not reached by social workers. The initiative is meant to force this group into counseling and rehabilitation through the criminal justice and social service systems. Homeless advocates have fought passionately to stop the initiative, which they say victimizes the city's most vulnerable residents. The program's cost, about $2 million a year, would be better spent on housing, they argue. Berkeley's City Council also considered a plan Tuesday night to streamline the city's notoriously convoluted permit process for business owners on Telegraph Avenue. The ordinance, part of the Telegraph revitalization plan, would make it easier for shops and restaurants to stay open late, convert to different types of businesses, and exceed the quotas for certain kinds of stores. http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/06/13/BAGQGQEGR11.DTL&ty...6/13/2007 BERKELEY / Council passesplan to stop bad street behaviorPage 2of 2 E-mail Carolyn Jones at carolynjones@sfchronicle.com. http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/13/BAGQGQEGR11.DTL This article appeared on page B - 1 of the San Francisco Chronicle http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/06/13/BAGQGQEGR11.DTL&ty...6/13/2007 OregonLive.com's Printer-Friendly PagePage 1of 1 Prostitution zone enforcement mostly affected whites, women Saturday, September 29, 2007 ANDY DWORKIN The Oregonian Portland police used two prostitution-free zones less frequently than the drug-free zones but banned a greater percentage of those arrested, new figures show. The prostitution zones will expire Sunday, along with the city's three drug-free zones, though police quit enforcing the laws earlier this week. The prostitution law was similar to the drug exclusion law: People arrested for soliciting, promoting or performing prostitution could get written exclusions barring them from entering the zone for 90 days, except to live, work or access needed services. One zone stretched across Northwest Portland between Burnside and Johnson streets, and 14th and 23rd avenues. The other straddled much of 82nd Avenue on the east side. Police wrote 274 prostitution exclusions in 11 months from September 2006 through July, 87 percent of the 314 arrests during that time. That compared with 1,015 drug exclusions out of 1,922 qualifying arrests, or 53 percent, police statistics show. Whites and women received most of the exclusions: 152 women were excluded compared with 135 men. And 149 whites were excluded, compared with 56 Latinos, 52 African Americans, 10 Asian Americans and seven Native Americans. African Americans were not disproportionately hit with prostitution exclusions: 83 percent of the African Americans arrested for qualifying crimes were excluded, as were 86 percent of whites arrested. But 97 percent of the 58 Latinos arrested were excluded. Police excluded 10 of the 11 Asian Americans arrested (91 percent) and seven of nine Native Americans (78 percent). The prostitution zones always got less attention than the drug zones, Police Chief Rosie Sizer said. "Partly, there isn't a lot of sympathy for prostitution customers or prostitutes," she said. Also, the zones were more narrowly drawn, especially the one along 82nd Avenue, so exclusions were seen as less onerous and less likely to block people from their homes, she said. ©2007 The Oregonian http://www.oregonlive.com/printer/printer.ssf?/base/news/1191036357171130.xml&coll=710/1/2007