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HomeMy WebLinkAboutItem B: Downtown Public Safety Issues ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session:Downtown Public Safety Zone Meeting Date: June 9, 2008 Agenda Item Number: B Department: 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 safety of the public in Eugene’s downtown. Two versions of a draft ordinance to establish a Downtown Public Safety Zone and allow the Municipal Court to exclude persons who commit certain crimes from the zone are provided. BACKGROUND At the request of the City Council, a work session was held on April 14, 2008, to discuss the Eugene Police Department’s (EPD) Special Projects program and other short- and long-term strategies that have been utilized to manage disorder-related issues in Eugene’s downtown. The strategic plan for EPD created a Special Project Program, funded since FY06 to deploy proactive patrols, including the urban core bike and foot patrols. In response to growing disorder-related issues in the downtown core, including crimes against people and property, Councilors Andrea Ortiz and Mike Clark, organized several downtown safety meetings that were attended by EPD command staff, downtown business operators, and other interested parties. From the meetings some plans were developed and EPD agreed to address the problem with short-, intermediate-, and long-term strategies. Short-term strategies were discussed at the April 14, 2008, City Council work session. 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 effect of this policing strategy has been an observed reduction in crime and a greater sense of safety in the affected portion of downtown. The 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 Crime Prevention Section of the Patrol Division to ensure the policing efforts in the downtown core will be managed by supervisors with a focus on reducing crime and improving safety. Exclusion Zones At the April 14, 2008, City Council work session, staff was directed to research and bring back for consideration an enhanced disorder control ordinance such as an exclusion ordinance. Exclusion zones are an enforcement tool that has been utilized in the past by the City of Eugene, with varied levels of Z:\CMO\2008 Council Agendas\M080609\S080609B.doc success and controversy. Attachments A and B are examples of exclusion ordinances for City Council discussion. Attachment A (version A) provides for exclusion for 90 days if a municipal court judge finds by a preponderance of evidence that a person committed certain offenses within the downtown area. Version A also provides for exclusion for a term of one year upon conviction. Attachment B (version B) is also an exclusion ordinance, but provides only for exclusion upon conviction of the commission of certain offenses within the downtown zone’s boundaries. Both exclusion ordinances empower the Municipal Court to grant excluded persons variances to enter the downtown area for a variety of purposes. Both the City of Eugene and other communities have successfully utilized exclusion zones in the past. Similar exclusion zones in the City of Portland have survived various legal challenges. The City’s Prostitution Free Zone ordinance virtually eradicated street level prostitution in the West Jefferson and Whiteaker neighborhoods. Park exclusions are used as an effective tool to temporarily forbid certain offenders from remaining in, or returning to, City parks. When the downtown core was a pedestrian mall, the City’s downtown mall exclusion ordinance allowed officers to prohibit repeat offenders from returning to the downtown mall for brief periods of time. Officers considered the ordinance to be an effective method for reducing crime. Exclusion zones create an increased sense of safety for community members who live and work in the designated zone. For example, park exclusions provide officers with an alternative to incarceration that displaces chronic violators, creating a greater sense of safety in our parks and playgrounds. The civil penalty of exclusion is designed to hold offenders accountable for their actions, to remove offenders from unhealthy environments and to break the cycle of criminal and offensive behavior. The absence of repeat offenders from the designated zone can improve commerce and encourage a more welcoming environment for visitors and residents of the area. On the other hand, the use of exclusion zones curtails the freedom of an excluded person to move about within the exclusion zone. The exclusion ordinances before the City Council at this work session, like the prostitution exclusion ordinance and the downtown mall exclusion ordinance, allow excluded persons to apply for variances to enter the zone for certain specific purposes (for example, to access social services within the zone). 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. . The critical component of an effective exclusion zone is a consistent police presence To be effective, the same police officers, familiar with chronic offenders, need to be assigned persistently to the same area. Individuals excluded from the zone are more likely to honor the restrictions imposed on them when they believe consequences are reliable and predictable. Enhanced Penalty Zone EPD also considered an ordinance to enhance penalties for certain crimes committed within the downtown public safety zone but ultimately concluded, based in part on advice from the Municipal Court, that any deterrent effect would be outweighed by the costs of administration and enforcement. Z:\CMO\2008 Council Agendas\M080609\S080609B.doc EPD does not believe that an enhanced penalty ordinance is an effective tool for dealing with disorder- related issues downtown. Municipal Court Impacts The proposed policing effort in the downtown core area will increase case filings at Eugene Municipal Court. The court will be responsible for timely processing of all exclusion and variance matters in addition to regular court proceedings. These matters will increase judicial and court staff time. The impact to the court’s criminal caseload will be an increase in the number of charges for people who violate downtown public safety zone restrictions. The additional prosecutions for violation of downtown public safety restrictions will also increase City Prosecutor and court-appointed attorney hours. The ability to impose meaningful sanctions is critical in addressing the target problem. For many individuals, alternative sanctions such as road crew or community service are not a viable option. Therefore, the increased number of charges will add more burden to an already limited number of available jail beds. 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 City Council’s ten goals: the Homeless, Sustainability, Downtown and Police Initiatives. The Park Rules currently provide an option of exclusion from parks and playgrounds for certain offenders. COUNCIL OPTIONS 1)The council may choose to direct the City Manager to schedule a public hearing on version A, an ordinance providing for a 90-day exclusion triggered by an arrest or citation for certain offenses committed within the downtown area, and providing for a one-year exclusion upon conviction. 2)The council may choose to direct the City Manager to schedule a public hearing on version B, an ordinance to exclude persons for one year upon conviction of the commission of certain offenses within the downtown zone’s boundaries. 3)The council may direct staff to create a new version of the exclusion ordinance that includes elements of both versions A and B, or other elements determined by the City Council, and may direct the City Manager to schedule a public hearing on the new version. 4)The council may decide that at this time it does not want to pursue any further action regarding exclusion ordinances. Both versions of the ordinance require a municipal court judge to find by a preponderance of evidence that the person committed a certain crime within the zone before the exclusion becomes effective. Version A provides that the 90-day exclusion triggered by arrest or citation will terminate if the excluded person is acquitted, if the charges are dismissed, or if no charges are filed. The council may choose to combine versions A and B to provide for exclusion triggered by arrest or citation for more serious offenses and exclusion upon conviction for less serious offenses. This choice Z:\CMO\2008 Council Agendas\M080609\S080609B.doc would provide an immediate exclusion as described in version A for individuals committing person crimes or felonies. Persons committing less serious offenses would be subject to the exclusionary process described in version B. Attachment C is an ordinance creating the offense of Violation of Downtown Public Safety Zone Restrictions. If the council chooses to adopt some version of the exclusion zone ordinance, Attachment C provides a mechanism for the police to cite excluded persons if they enter the downtown public safety zone in violation of their exclusion order or variance. The offense of violation of downtown public safety zone restrictions is very similar to second degree trespass. Attachment D provides a map of the proposed Downtown Public Safety Zone. These boundaries were chosen to minimize the size of the Downtown Public Safety Zone while still including the area that generates the greatest number of complaints and calls for service. Each version of the ordinance provides a description of the exclusion zone boundaries: the Downtown Public Safety Zone includes the area generally bounded on the north by, and including, the south sidewalk of Seventh Avenue, then south along, and including, the west sidewalk of Lincoln Street, then east along, and including, the south sidewalk of 11th Avenue, then north along, and including, the east sidewalk of Pearl Street, then west along, and including, the south sidewalk of Eighth Avenue, then north along, and including, the west . sidewalk of Oak Street to the south sidewalk of Seventh Avenue CITY MANAGER’S RECOMMENDATION The City Manager recommends that the council direct the City Manager to schedule a public hearing on an ordinance creating a Downtown Public Safety Zone and providing for exclusion of persons who commit certain crimes in the downtown area. SUGGESTED MOTION Move to direct the City Manager to schedule a public hearing on an ordinance providing for exclusion of persons who commit certain offenses in the downtown area. ATTACHMENTS A. Downtown Public Safety Zone Ordinance, Version A B. Downtown Public Safety Zone Ordinance, Version B C. Ordinance Creating the Offense of Violation of the Downtown Public Safety Zone D. Downtown Safety Zone Map E. List of offenses that trigger exclusion FOR MORE INFORMATION Staff Contact: Linda Phelps Telephone: 541-682-6308 Staff E-Mail: linda.m.phelps@ci.eugene.or.us Z:\CMO\2008 Council Agendas\M080609\S080609B.doc ATTACHMENT A ORDINANCE NO. ____________ AN ORDINANCE CONCERNING DOWNTOWN PUBLIC SAFETY ZONES; AND ADDING SECTIONS 4.873, 4.874, 4.875, 4.876, 4.877 AND 4.878 TO THE EUGENE CODE, 1971. The City Council of the City of Eugene finds that: A. There is a significantly higher incidence of certain criminal behaviors in the downtown area of the City of Eugene than in other areas of the city. B. The criminal offenses committed by certain persons who frequent the downtown area create violence and disorder, contribute to the degradation of the downtown area and adversely affect the quality of life for the downtown area’s residents, businesses and visitors. C. Persons arrested or cited for certain criminal offenses in the downtown area frequently return to the downtown area and re-offend. D. The City of Eugene has a compelling interest in restoring the quality of life and protecting the health, safety and welfare of citizens using the public ways in the downtown area and in allowing citizens to use facilities in the downtown area without interference arising from criminal activity. E. Arrest and prosecution for criminal activity has not proven adequate to control the criminal activity in the downtown area. F. The health, safety and welfare of the citizens of the City of Eugene are best served by temporary civil exclusion from the downtown area of persons arrested for certain offenses committed in the downtown area. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1 . Sections 4.873, 4.874, 4.875, 4.876, 4.877 and 4.878 of the Eugene Code, 1971, are added to provide: Ordinance - Page 1 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 DOWNTOWN PUBLIC SAFETY ZONE 4.873 Downtown Public Safety Zone - Boundaries . For purposes of sections 4.874 through 4.879 of this code, the downtown public safety zone includes that area generally bounded on the north by, and including, the south th sidewalk of 7 Avenue, then south along, and including, the west sidewalk of Lincoln Street, then east along, and including, the south sidewalk of 11th Avenue, then north along, and including, the east sidewalk of Pearl Street, th then west along, and including, the south sidewalk of 8 Avenue, then north along, and including, the west sidewalk of Oak Street to the south sidewalk of th 7 Avenue. 4.874 Downtown Public Safety Zone - Civil Exclusion . (1) The municipal court may exclude a person pursuant to section 4.876 of this code for violation of any of the provisions in sections 4.080, 4.115, 4.190, 4.230, 4.240, 4.685, 4.705, 4.707, 4.725, 4.726, 4.728, 4.729, 4.730, 4.731, 4.755, 4.760, 4.780, 4.782, 4.806, 4.807, 4.808, 4.809, 4.820, 4.822, 4.825, 4.882, 4.930, and 4.977, of this code, and for violation of any of the provisions of ORS 163.165, ORS 163.175, ORS 163.185, ORS 164.365, ORS 164.395, ORS 164.405, ORS 164.415, ORS 166.165, ORS 166.170, ORS 166.220, ORS 166.240, ORS 166.250, ORS 167.262, ORS 167.808, ORS 475.840, ORS 475.846 – ORS 475.894, ORS 475.904, and ORS 475.906. In addition, persons who attempt, as defined in section 4.015 of this code or ORS 161.405, to commit offenses listed in this section are subject to exclusion pursuant to section 4.876 of this code. (2) The municipal court may exclude a person from the public parks and public streets, alleys, sidewalks and other public ways in the downtown public safety zone for a period of one (1) year from the date of conviction if the person is convicted of any of the offenses enumerated in subsection (1) of this section and the person committed the offense while in the downtown public safety zone. (3) Except as allowed under section 4.878 of this code, a person excluded under authority of this section may not enter the downtown public safety zone except to: (a) Attend a meeting with an attorney; (b) Attend a scheduled meeting with a medical or social service provider; (c) Comply with court- or corrections-ordered obligations or appearances; (d) Contact criminal justice personnel at a criminal justice facility; (e) Attend any administrative or judicial hearing relating to an appeal Ordinance - Page 2 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 of: 1. The person’s notice of exclusion; or 2. The denial, revocation or amendment of the person’s variance; or (f) Travel through the downtown public safety zone on a Lane Transit District vehicle. Travel on a Lane Transit District vehicle includes reasonable time spent waiting to transfer to another Lane Transit District vehicle. (4) While in the downtown public safety zone, a person who is otherwise excluded but enters the zone pursuant to subsections (3)(a) - (f) of this section may only travel directly to and from the purposes enumerated in subsections (3)(a) - (f) of this section. (5) If an excluded person is in the downtown public safety zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code. 4.875 Downtown Public Safety Zone - Issuance of Notice to Show Cause . When a peace officer arrests a person or issues a citation for any of the offenses enumerated in subsection (1) of section 4.874 of this code, the officer shall also issue to the person being arrested or cited a notice to show cause. The notice shall require the person to appear at municipal court at a designated time within three (3) to five (5) business days, at which time the court will set a date and time for the hearing for the person to show cause why the person should not be excluded from the downtown public safety zone. The notice shall contain: (a) The date, time and place the person is to appear; (b) The name of person ordered to appear; (c) The name of the peace officer issuing the notice; (d) A brief explanation of the purpose of and procedure for the court appearance; (e) The following statement: If you fail to appear at Municipal Court at the A date and time set forth above, the Municipal Court may enter an order excluding you for ninety days from the Downtown Public Safety Zone, shown on the attached map; @ (f) A statement that, if the person is convicted of the offense for which the person was arrested or cited, the person may be excluded from the downtown public safety zone for an additional period of one year from the date of conviction; (g) A map showing boundaries of the downtown public safety zone; and (h) A brief description of the reasons for which the court may grant a variance and the procedure for requesting a variance. Ordinance - Page 3 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure . (1) At the date and time set forth in the notice described in section 4.875 of this code, if the person appears, the court shall set a date and time for the show cause hearing, which shall be not less than five (5) nor more than fourteen (14) calendar days from the date the person was required to appear under section 4.875 of this code. The court may impose a temporary exclusion order, to be in effect only until the show cause hearing, if, based on a police report or an affidavit from a witness and after considering any response by the person, the court finds by a preponderance of the evidence that the person committed an offense enumerated in subsection (1) of section 4.874 of this code while in the downtown public safety zone. If the person does not appear, the court shall not schedule a show cause hearing and if, based on a police report or affidavit from a witness, the court finds by a preponderance of the evidence that the person committed an offense enumerated in subsection (1) of section 4.874 of this code while in the downtown public safety zone, the court may enter an order excluding the person from the downtown public safety zone for a period of ninety (90) calendar days, effective at 12:01 a.m. the next day. (2) At the show cause hearing, the person shall have the opportunity to show cause why the person should not be excluded from the downtown public safety zone. (3) If the court at the show cause hearing finds by a preponderance of the evidence that the person committed an offense enumerated in subsection (1) of section 4.874 of this code while in the downtown public safety zone, the court may enter an order excluding the person from the downtown public safety zone for a period of ninety (90) calendar days effective at 12:01 a.m. the next day. (4) If the person does not appear at the show cause hearing, and, based on a police report or an affidavit from a witness, the court finds by a preponderance of the evidence that the person committed an offense enumerated in subsection (1) of section 4.874 of this code while in the downtown public safety zone, the court may enter an order of exclusion as described in subsection (1) of this section. (5) Upon receipt of a copy of the conviction for an offense enumerated in subsection (1) of section 4.874 of this code and based on information in a police report or an affidavit from a witness that the conduct supporting the conviction occurred in the downtown public safety zone, the municipal court may enter an order excluding the convicted person from the downtown public safety zone for one (1) year from the date of conviction. The person shall be informed of the exclusion order by first- Ordinance - Page 4 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 class mail sent to the persons last-known address. The excluded = person may request a hearing on the exclusion. The only issues at such hearing shall be whether the person was convicted of an offense enumerated in subsection (1) of section 4.874 of this code and whether the conduct supporting the conviction occurred in the downtown public safety zone. A certified copy of the conviction shall be conclusive evidence of the conviction. (6) A person subject to an exclusion order under subsection (1), (3), (4) or (5) of this section may apply for a variance pursuant to section 4.878 of this code. (7) An exclusion ordered by the court pursuant to subsections (1), (3) or (4) of this section shall terminate upon acquittal, dismissal of charges, or failure to prosecute. 4.877 Downtown Public Safety Zone - Variances . Variances shall be granted, denied or revoked in accordance with section 4.878 of this code. All variances shall be in writing; shall be valid for a specific period of time and shall only accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow travel to and from locations within the downtown public safety zone according to the terms of the variance. In order for the variance to be effective, the excluded person must carry the variance on his or her person while in the downtown public safety zone and must present the variance to a police officer upon request. In the event a person who has been granted a variance is found in the downtown public safety zone in violation of the terms of the variance, that person is subject to immediate arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code. 4.878 Downtown Public Safety Zone - Variances - Application/Revocation Procedure . (1) At any time after an order of exclusion is entered against a person, the person may apply in writing to the municipal court for a variance from the exclusion. The application shall be made on forms provided by the court. A variance granted under this subsection allows travel in the downtown public safety zone only according to the terms specified in the variance. (a) General Variance. The municipal court may for any reason grant a variance from an exclusion at any time during an exclusion period. (b) Residential Variance. The court shall grant a residential variance to an excluded person if the person certifies: 1. That the person lived in the downtown public safety zone, other than transient occupancy in a hotel or motel, when Ordinance - Page 5 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 excluded; and 2. Continues to live in the downtown public safety zone. (c) Essential Needs Variance. The court may grant an essential needs variance to an excluded person if the excluded person certifies: 1. That the excluded person possesses a residential variance; 2. That the excluded person must access a public or private place within the downtown public safety zone that fulfills an essential need; and 3. That the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the downtown public safety zone exclusion. (d) Employment Variance. 1. The court shall grant an employment variance to an excluded person if the excluded person certifies that the person is an owner, principal, agent or employee of a place of lawful employment located in a downtown public safety zone. 2. The court may grant an employment variance to an excluded person to allow travel within the downtown public safety zone in accordance with the terms of the variance if the excluded person certifies: a. That the person is an owner, principal, agent or employee of a place of lawful employment; and b. The excluded person will be required to perform employment-related services in the downtown public safety zone. (e) Social Services Variance. The court may grant a social services variance to an excluded person if the excluded person certifies: 1. That the person is in need of social services located in the downtown public safety zone; 2. The social services are sought for reasons relating to the health or well-being of the excluded person; and 3. The social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients. (f) Educational Variance. 1. The court shall grant an educational variance to an excluded person if the excluded person certifies: a. That the person was enrolled as a student at an educational facility located within the downtown public safety zone when excluded; and Ordinance - Page 6 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 b. Is currently enrolled as a student at the same educational facility. 2. The court may grant an educational variance to an excluded person if the excluded person certifies that the person will be enrolled at an educational facility within the downtown public safety zone if the variance is granted. (2) Revocation of Variances. Variances may be revoked in accordance with the following provisions: (a) The grounds for revocation of any variance other than a residential variance are as follows: 1. The applicant provided false information in order to obtain the variance; 2. The person is arrested or cited for any of the offenses enumerated in subsection (1) of section 4.874 of this code in the downtown public safety zone subsequent to the issuance of the variance; or 3. The circumstances giving rise to the issuance of the variance no longer support a continuation of the variance. (b) Residential Variance Exception. A residential variance may be revoked only: 1. If the applicant provided false residential information in order to obtain the variance; or 2. If the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance. (3) Revocation Procedure. (a) A peace officer who has probable cause to believe a person who has been granted a variance has violated its terms or conditions may issue to the person a notice to show cause that requires the person to appear at municipal court at a specified date and time, at which time the court will set a date and time for a show cause hearing. (b) If the person fails to appear at the time and date specified in the notice, the court may revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance. If the court finds that the city proved by a preponderance of the evidence that the person violated the terms or conditions of the variance, the court may revoke or modify the variance. Ordinance - Page 7 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 (4) Definitions. (a) Arrest. As used in this section and sections 4.874, 4.875, and 4.877, of this code, “arrest” includes taking a person under 18 years of age into custody as defined in ORS 419C.080(1)(a). (b) Essential Needs. As used in this section, "essential needs" means food, physical care and medical attention for both physical and mental conditions. (c) Travel. As used in this section and section 4.874 of this code, travel means the movement on foot or within or upon a vehicle A@ within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. Section 2 . The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of ___________, 2008. ______ day of _______________, 2008. _______________________________ _________________________________ City Recorder Mayor Ordinance - Page 8 of 8 VERSION A 08 Downtown PSZ Ord - Excl. - Version A (00198795) 5/28/08 ATTACHMENT B ORDINANCE NO. ____________ AN ORDINANCE CONCERNING DOWNTOWN PUBLIC SAFETY ZONES; AND ADDING SECTIONS 4.873, 4.874, 4.876, 4.877 AND 4.878 TO THE EUGENE CODE, 1971. The City Council of the City of Eugene finds that: A. There is a significantly higher incidence of certain criminal behaviors in the downtown area of the City of Eugene than in other areas of the city. B. The criminal offenses committed by certain persons who frequent the downtown area create violence and disorder, contribute to the degradation of the downtown area and adversely affect the quality of life for the downtown area’s residents, businesses and visitors. C. Persons convicted of certain criminal offenses in the downtown area frequently return to the downtown area and re-offend. D. The City of Eugene has a compelling interest in restoring the quality of life and protecting the health, safety and welfare of citizens using the public ways in the downtown area and in allowing citizens to use facilities in the downtown area without interference arising from criminal activity. E. Prosecution for criminal activity has not proven adequate to control the criminal activity in the downtown area. F. The health, safety and welfare of the citizens of the City of Eugene are best served by temporary civil exclusion from the downtown area of persons convicted of certain offenses committed in the downtown area. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1 . Sections 4.873, 4.874, 4.876, 4.877 and 4.878 of the Eugene Code, 1971, are added to provide: Ordinance - Page 1 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 DOWNTOWN PUBLIC SAFETY ZONE 4.873 Downtown Public Safety Zone - Boundaries . For purposes of sections 4.874 through 4.879 of this code, the downtown public safety zone includes that area generally bounded on the north by, and including, the south th sidewalk of 7 Avenue, then south along, and including, the west sidewalk of Lincoln Street, then east along, and including, the south sidewalk of 11th Avenue, then north along, and including, the east sidewalk of Pearl Street, th then west along, and including, the south sidewalk of 8 Avenue, then north along, and including, the west sidewalk of Oak Street to the south sidewalk of th 7 Avenue. 4.874 Downtown Public Safety Zone - Civil Exclusion . (1) The municipal court may exclude a person pursuant to section 4.876 of this code for violation of any of the provisions in sections 4.080, 4.115, 4.190, 4.230, 4.240, 4.685, 4.705, 4.707, 4.725, 4.726, 4.728, 4.729, 4.730, 4.731, 4.755, 4.760, 4.780, 4.782, 4.806, 4.807, 4.808, 4.809, 4.820, 4.822, 4.825, 4.882, 4.930, and 4.977, of this code, and for violation of any of the provisions of ORS 163.165, ORS 163.175, ORS 163.185, ORS 164.365, ORS 164.395, ORS 164.405, ORS 164.415, ORS 166.165, ORS 166.170, ORS 166.220, ORS 166.240, ORS 166.250, ORS 167.262, ORS 167.808, ORS 475.840, ORS 475.846 – ORS 475.894, ORS 475.904, and ORS 475.906. In addition, persons who attempt, as defined in section 4.015 of this code or ORS 161.405, to commit offenses listed in this section are subject to exclusion pursuant to section 4.876 of this code. (2) The municipal court may exclude a person from the public parks and public streets, alleys, sidewalks and other public ways in the downtown public safety zone for a period of one (1) year from the date of conviction if the person is convicted of any of the offenses enumerated in subsection (1) of this section and the person committed the offense while in the downtown public safety zone. (3) Except as allowed under section 4.878 of this code, a person excluded under authority of this section may not enter the downtown public safety zone except to: (a) Attend a meeting with an attorney; (b) Attend a scheduled meeting with a medical or social service provider; (c) Comply with court- or corrections-ordered obligations or appearances; (d) Contact criminal justice personnel at a criminal justice facility; (e) Attend any administrative or judicial hearing relating to an appeal Ordinance - Page 2 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 of: 1. The person’s notice of exclusion; or 2. The denial, revocation or amendment of the person’s variance; or (f) Travel through the downtown public safety zone on a Lane Transit District vehicle. Travel on a Lane Transit District vehicle includes reasonable time spent waiting to transfer to another Lane Transit District vehicle. (4) While in the downtown public safety zone, a person who is otherwise excluded but enters the zone pursuant to subsections (3)(a) - (f) of this section may only travel directly to and from the purposes enumerated in subsections (3)(a) - (f) of this section. (5) If an excluded person is in the downtown public safety zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code. 4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure . (1) Upon receipt of a copy of the conviction for an offense enumerated in subsection (1) of section 4.874 of this code and based on information in a police report or an affidavit from a witness that the conduct supporting the conviction occurred in the downtown public safety zone, the municipal court may enter an order excluding the convicted person from the downtown public safety zone for one (1) year from the date of conviction. The person shall be informed of the exclusion order by first- class mail sent to the persons last-known address. The excluded = person may request a hearing on the exclusion. The only issues at such hearing shall be whether the person was convicted of an offense enumerated in subsection (1) of section 4.874 of this code and whether the conduct supporting the conviction occurred in the downtown public safety zone. A certified copy of the conviction shall be conclusive evidence of the conviction. (2) A person subject to an exclusion order under subsection this section may apply for a variance pursuant to section 4.878 of this code. 4.877 Downtown Public Safety Zone - Variances . Variances shall be granted, denied or revoked in accordance with section 4.878 of this code. All variances shall be in writing; shall be valid for a specific period of time and shall only accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow travel to and from locations within the downtown public safety zone according to the terms of the variance. In order for the variance to be effective, the excluded person Ordinance - Page 3 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 must carry the variance on his or her person while in the downtown public safety zone and must present the variance to a police officer upon request. In the event a person who has been granted a variance is found in the downtown public safety zone in violation of the terms of the variance, that person is subject to immediate arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code. 4.878 Downtown Public Safety Zone - Variances - Application/Revocation Procedure . (1) At any time after an order of exclusion is entered against a person, the person may apply in writing to the municipal court for a variance from the exclusion. The application shall be made on forms provided by the court. A variance granted under this subsection allows travel in the downtown public safety zone only according to the terms specified in the variance. (a) General Variance. The municipal court may for any reason grant a variance from an exclusion at any time during an exclusion period. (b) Residential Variance. The court shall grant a residential variance to an excluded person if the excluded person certifies: 1. That the person lived in the downtown public safety zone, other than transient occupancy in a hotel or motel, when excluded; and 2. Continues to live in the downtown public safety zone. (c) Essential Needs Variance. The court may grant an essential needs variance to an excluded person if the excluded person certifies: 1. That the excluded person possesses a residential variance; 2. That the excluded person must access a public or private place within the downtown public safety zone that fulfills an essential need; and 3. That the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the downtown public safety zone exclusion. (d) Employment Variance. 1. The court shall grant an employment variance to an excluded person if the excluded person certifies that the person is an owner, principal, agent or employee of a place of lawful employment located in a downtown public safety zone. 2. The court may grant an employment variance to an excluded person to allow travel within the downtown public safety zone in accordance with the terms of the variance if the Ordinance - Page 4 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 excluded person certifies: a. That the person is an owner, principal, agent or employee of a place of lawful employment; and b. The excluded person will be required to perform employment-related services in the downtown public safety zone. (e) Social Services Variance. The court may grant a social services variance to an excluded person if the excluded person certifies: 1. That the person is in need of social services located in the downtown public safety zone; 2. The social services are sought for reasons relating to the health or well-being of the excluded person; and 3. The social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients. (f) Educational Variance. 1. The court shall grant an educational variance to an excluded person if the excluded person certifies: a. That the person was enrolled as a student at an educational facility located within the downtown public safety zone when excluded; and b. Is currently enrolled as a student at the same educational facility. 2. The court may grant an educational variance to an excluded person if the excluded person certifies that the person will be enrolled at an educational facility within the downtown public safety zone if the variance is granted. (2) Revocation of Variances. Variances may be revoked in accordance with the following provisions: (a) The grounds for revocation of any variance other than a residential variance are as follows: 1. The applicant provided false information in order to obtain the variance; 2. The person is arrested or cited for any of the offenses enumerated in subsection (1) of section 4.874 of this code in the downtown public safety zone subsequent to the issuance of the variance; or 3. The circumstances giving rise to the issuance of the variance no longer support a continuation of the variance. (b) Residential Variance Exception. A residential variance may be revoked only: 1. If the applicant provided false residential information in order Ordinance - Page 5 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 to obtain the variance; or 2. If the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance. (3) Revocation Procedure. (a) A peace officer who has probable cause to believe a person who has been granted a variance has violated its terms or conditions may issue to the person a notice to show cause that requires the person to appear at municipal court at a specified date and time, at which time the court will set a date and time for a show cause hearing. (b) If the person fails to appear at the time and date specified in the notice, the court may revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance. If the court finds that the city proved by a preponderance of the evidence that the person violated the terms or conditions of the variance, the court may revoke or modify the variance. (4) Definitions. (a) Essential Needs. As used in this section, "essential needs" means food, physical care and medical attention for both physical and mental conditions. (b) Travel. As used in this section and section 4.874 of this code, travel means the movement on foot or within or upon a vehicle A@ within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. Section 2 . The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of ___________, 2008. ______ day of _______________, 2008. Ordinance - Page 6 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 _______________________________ _________________________________ City Recorder Mayor Ordinance - Page 7 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08 ATTACHMENT C ORDINANCE NO. ____________ AN ORDINANCE CONCERNING DOWNTOWN PUBLIC SAFETY ZONES; ADDING SECTION 4.879 TO THE EUGENE CODE, 1971; AND AMENDING SECTION 4.990 OF THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1 . Section 4.879 of the Eugene Code, 1971, is added to provide: 4.879 Violation of Downtown Public Safety Zone Restrictions . (1) A person commits the crime of violation of downtown public safety zone restrictions if the person enters or remains unlawfully in or upon premises in the downtown public safety zone. (2) The term “enter and remain unlawfully” shall have the meaning provided in section 4.805 of this code. For purposes of this section, “premises” means the public parks and public streets, alleys, sidewalks and other public ways in the downtown public safety zone. Section 2 . Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by adding the penalty for violation of Section 4.879 of this Code in numerical order to the penalty table to provide: 4.990 Penalties - Specific . (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each. In addition, the court may order any treatment, related to the violation, deemed necessary for rehabilitation of the offender and the safety of the community. Section Penalty 4.879 500 fine or 30 days in jail, or both Section 3 . The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or Ordinance - Page 1 of 2 S080609B-attC.doc in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of ___________, 2008. ______ day of _______________, 2008. _______________________________ _________________________________ City Recorder Mayor Ordinance - Page 2 of 2 S080609B-attC.doc ATTACHMENT E 4.874 Downtown Public Safety Zone - Civil Exclusion . (1) The municipal court may exclude a person pursuant to section 4.876 for any of the following offenses: (a) Noise disturbance, in violation of section 4.080 of this code; (b) Purchase or possession of liquor by a minor, in violation of section 4.115 of this code; (c) Consumption or possession of alcohol in unlicensed public places, in violation of section 4.190 of this code; (d) Inhaling toxic vapors, in violation of section 4.230 of this code (e) Use or possession of less than one ounce of marijuana, in violation of section 4.240 of this code; (f) Unaccompanied or unemancipated minors in public places during certain hours, in violation of section 4.685 of this code; (g) Offensive physical contact, in violation of section 4.705 of this code; (h) Interference with pedestrians, in violation of section 4.707 of this code; (i) Disorderly conduct, in violation of section 4.725 of this code; (j) Harassment, in violation of section 4.726 of this code; (k) Recklessly endangering another person, in violation of section 4.728 of this code; (l) Assault, in violation of section 4.729 of this code; (m) Menacing, in violation of section 4.730 of this code; (n) Intimidation in the second degree, in violation of section 4.731 of this code; (o) Public indecency, in violation of section 4.755 of this code; (p) Prohibited nudity, in violation of section 4.760 of this code; (q) Criminal mischief in the third degree, in violation of section 4.780 of this code; (r) Criminal mischief in the second degree, in violation of section 4.782 of this code; (s) Criminal mischief in the second degree by a guest, in violation of section 4.806 of this code; (t) Criminal trespass in the second degree, in violation of section 4.807 of this code; (u) Criminal trespass in the first degree, in violation of section 4.808 of this code; (v) Criminal trespass while in possession of a firearm, in violation of section 4.809 of this code; (w) Petty larceny, in violation of section 4.820 of this code; (x) Theft, in violation of section 4.822 of this code; (y) Shoplifting, in violation of section 4.825 of this code; (z) Unlawful Entry Into a Motor Vehicle, in violation of section 4.882 of this code; Violation Titles for Proposed EC 4.874 - Page 1 of 3 08 Downtown PSZ Violation Titles (00198602) (aa) Theft of services, in violation of section 4.930 of this code; (bb) Interfering with public transportation, in violation of section 4.977 of this code; (cc) Assault in the third degree, in violation of ORS 163.165; (dd) Assault in the second degree, in violation of ORS 163.175; (ee) Assault in the first degree, in violation of ORS 163.185; (ff) Criminal mischief in the first degree, in violation of ORS 164.365; (gg) Robbery in the third degree, in violation of ORS 164.395; (hh) Robbery in the second degree, in violation of ORS 164.405; (ii) Robbery in the first degree, in violation of ORS 164.415; (jj) Intimidation in the first degree, in violation of ORS 166.165; (kk) Discharging firearms, in violation of ORS 166.170; (ll) Pointing firearm at another, in violation of ORS 166.220; (mm) Carrying a concealed weapon, in violation of ORS 166.240; (nn) Unlawful possession of firearms, in violation of ORS 166.250; (oo) Adult using a minor in commission of controlled substance offense, in violation of ORS 167.262; (pp) Unlawful possession of inhalants, in violation of ORS 167.808; (qq) Unlawful manufacture, delivery or possession of a controlled substance, in violation of ORS 475.840; (rr) Unlawful manufacture of heroin, in violation of ORS 475.846; (ss) Unlawful manufacture of heroin within 1,000 feet of school, in violation of ORS 475.848; (tt) Unlawful delivery of heroin, in violation of ORS 475.850; (uu) Unlawful delivery of heroin within 1,000 feet of school, in violation of ORS 475.852; (vv) Unlawful possession of heroin, in violation of ORS 475.854; (ww) Unlawful manufacture of marijuana, in violation of ORS 475.856; (xx) Unlawful manufacture of marijuana within 1,000 feet of school, in violation of ORS 475.858; (yy) Unlawful delivery of marijuana, in violation of ORS 475.860; (zz) Unlawful delivery of marijuana within 1,000 feet of school, in violation of ORS 475.862; (aaa) Unlawful possession of marijuana, in violation of ORS 475.864; (bbb)Unlawful manufacture of 3,4-methylenedioxymethamphetamine, in violation of ORS 475.866; (ccc) Unlawful manufacture of 3,4-metrhylenedioxymentamphetamine within 1,000 feet of school, in violation of ORS 475.868; (ddd) Unlawful delivery of 3,4-metrhylenedioxymentamphetamine, in violation of ORS 475.870; (eee) Unlawful delivery of 3,4-metrhylenedioxymentamphetamine within 1,000 feet of school, in violation of ORS 475.872; (fff) Unlawful possession of 3,4-metrhylenedioxymentamphetamine, in violation of ORS 475.874; (ggg) Unlawful manufacture of cocaine, in violation of ORS 475.876; (hhh) Unlawful manufacture of cocaine within 1,000 feet of school, in Violation Titles for Proposed EC 4.874 - Page 2 of 3 08 Downtown PSZ Violation Titles (00198602) violation of ORS 475.878; (iii) Unlawful delivery of cocaine, in violation of ORS 475.880; (jjj) Unlawful delivery of cocaine within 1,000 feet of school, in violation of ORS 475.882; (kkk) Unlawful possession of cocaine, in violation of ORS 475.884; (lll) Unlawful manufacture of methamphetamine, in violation of ORS 475.886; (mmm) Unlawful manufacture of methamphetamine within 1,000 feet of school, in violation of ORS 475.888; (nnn) Unlawful delivery of methamphetamine, in violation of ORS 475.890; (ooo) Unlawful delivery of methamphetamine within 1,000 of school, in violation of ORS 475.892; (ppp) Unlawful possession of methamphetamine, in violation of ORS 475.894; (qqq) Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school, in violation of ORS 475.904; (rrr) Distribution of a controlled substance to a minor, in violation of ORS 475.906; (sss) Attempts as defined in section 4.015 of this code or ORS 161.405 to commit offenses listed in subsections (a) through (rrr) of this section. Violation Titles for Proposed EC 4.874 - Page 3 of 3 08 Downtown PSZ Violation Titles (00198602)