HomeMy WebLinkAboutItem 3: Downtown Public Safety Zone Ordinance
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: 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
Meeting Date: July 21, 2008 Agenda Item Number: 3
Department: Police Staff Contact: Robert M. Lehner, Chief of Police
www.eugene-or.gov Contact Telephone Number: 541-682-5102
ISSUE STATEMENT
This is the public hearing on a proposed ordinance to establish a Downtown Public Safety Zone for the
City of Eugene. The ordinance would allow the municipal court to exclude persons who commit certain
crimes from the zone.
BACKGROUND
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. As a
result, EPD agreed to develop short, intermediate, and long-term strategies to address the problem. On
April 14, 2008, at the request of the City Council, the first work session on downtown public safety was
held to discuss the Eugene Police Department’s Special Projects program and other short and long-term
strategies that have been utilized to manage disorder-related issues in Eugene’s downtown. A second
City Council work session was held on June 9, 2008, to discuss creating a Downtown Public Safety
Zone ordinance as a long-term strategy for downtown safety issues. The council discussed several
modifications to the Downtown Public Safety Zone proposal at their June 9 work session; and decided to
hold a public hearing prior to making any changes to the proposed ordinance.
Exclusion Zones
Exclusion zones are an enforcement tool that has been utilized in the past by the City of Eugene, with
varied levels of success and controversy. The proposed ordinance (attachment A) creates the Downtown
Public Safety Zone and provides for exclusion from the zone for 90 days if a municipal court judge finds
by a preponderance of evidence that a person committed certain offenses within the zone. The proposed
ordinance also provides for exclusion for a term of one year upon conviction of certain offenses
committed in the zone. The proposed exclusion ordinance also empowers the municipal court to grant
excluded persons variances to enter the zone 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
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Whiteaker neighborhoods. Parks 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, parks 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 does
curtail the freedom of an excluded person to move about within the exclusion zone.
This proposed exclusion ordinance, like the prostitution and the downtown mall exclusion ordinances,
allows 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 and the downtown mall
exclusion ordinances 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 proposed ordinance requires 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. 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. An alternative version of the ordinance was prepared for
discussion at the June 9 City Council work session. This alternative provided for exclusion only upon
conviction of certain offenses within the Downtown Public Safety Zone. The council could choose to
adopt an amended ordinance that provides for an immediate exclusion triggered by arrest or citation for
more serious offenses (such as person crimes or felonies) and exclusion upon conviction for less serious
offenses.
.
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.
Municipal Court Impacts
During the June 9, 2008 work session, Judge Allen commented on the expected increase in case filings
the Eugene Municipal Court as a result of the proposed ordinance. He indicated that the court would be
responsible for timely processing of all exclusion and variance matters in addition to regular court
proceedings; resulting in increases to both judicial and court staff time. The additional prosecutions for
violation of exclusion orders 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.
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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
Following the public hearing:
1)The council may take final action on the proposed ordinance on August 11, 2008, as scheduled.
2)The council may direct staff to modify the proposed ordinance and schedule final action on the
ordinance for a future date.
3)The council may decide that at this time it does not want to pursue any further action regarding
exclusion ordinances.
Attachment B is an ordinance creating the offense of Violation of Downtown Public Safety Zone
Restrictions. If Council chooses to adopt an exclusion zone ordinance, Attachment B 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 C 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. Several councilors suggested a slight
change to the proposed boundaries to extend the zone approximately one-half block to the west in the
area of Seventh Avenue and Lincoln Street. This new area is not included in the attached map, but with
Council direction following the public hearing, could be included in the final version of the ordinance.
The ordinance provides this 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
This is a public hearing only. Following the City’s receipt of all testimony, the City Manager will make
a recommendation to be included in the council packet for action on August 11, 2008.
SUGGESTED MOTION
This is a public hearing; therefore, no motion is required. The ordinance will be brought back to the
council for action on August 11, 2008.
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ATTACHMENTS
A. Downtown Public Safety Zone Ordinance
B. Ordinance Creating the Offense of Violation of the Downtown Public Safety Zone
C. Downtown Public Safety Zone Map
D. 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
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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:
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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
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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
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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-
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
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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
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:
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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
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
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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.
(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@
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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
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ATTACHMENT B
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
Ordinance - Page 1 of 2
S0807213-attB.doc
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 2 of 2
S0807213-attB.doc
ATTACHMENT D
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;
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(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
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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 delivery of marijuana within 1,000 feet of a school, in
violation of ORS 475.862;
(rrr) Unlawful manufacture or delivery of a controlled substance within
1,000 feet of a school, in violation of ORS 475.904;
(sss) Distribution of a controlled substance to a minor, in violation of
ORS 475.906;
(ttt) Attempts as defined in section 4.015 of this code or ORS 161.405
to commit offenses listed in subsections (a) through (sss) of this
section.
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