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HomeMy WebLinkAboutItem 5: Ordinance on Downtown Public Safety Zones ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: 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: August 11, 2008 Agenda Item Number: 5 Department: Police Staff Contact: Robert M. Lehner, Chief of Police www.eugene-or.gov Contact Telephone Number: 541-682-5102 ISSUE STATEMENT The City Council is scheduled to take action on the establishment of a Downtown Public Safety Zone for the City of Eugene. The ordinance would allow the municipal court to exclude persons who commit certain offenses from the zone. BACKGROUND At the request of the City Council, the first work session on downtown public safety was held on April 14, 2008, to discuss the growing disorder-related issues in the downtown core; including crimes against people and property. The Eugene Police Department (EPD) provided information on special projects and other short and long-term strategies that have been utilized to deal with downtown’s disorder-related issues. A second City Council work session was held on June 9, 2008, to explore creating a Downtown Public Safety Zone ordinance as a long-term strategy for downtown safety issues. The council held a public hearing on the proposed Downtown Public Safety Zone ordinance on July 21 where 19 speakers provided comments to the council regarding the proposed ordinance. The council discussed several modifications to the proposed ordinance which are provided in this summary as options for City Council consideration. Exclusion Zones Three versions of the proposed ordinance are attached. The council has previously discussed Version A, which allows the municipal court to exclude a person charged with certain offenses prior to conviction, and Version B, which provides for exclusion only after conviction. Version C is a hybrid of A and B and is the version that the City Manager recommends for adoption. It allows for a pre-conviction exclusion only for a smaller group of offenses, expands the proposed zone by one block, and includes a sunset clause. Versions A, B and C are Attachments A, B and C respectively. Version C of the proposed ordinance 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 a drug offense or criminal mischief (listed as Category 2 offenses in Attachment F) within the zone. Version C also provides for exclusion for a term of one year upon conviction of certain offenses (Categories 1, 2, 3 and 4 in Attachment F) committed in the zone and authorizes the municipal court to grant excluded persons variances to enter the zone for a variety of purposes. (The list of offenses in Attachment F is the same as discussed at the public hearing on July 21, except that public Z:\CMO\2008 Council Agendas\M080811\S0808115.doc urination or defecation has been added to the list.) Finally, Version C of the ordinance creates the offense of Violation of Downtown Public Safety Zone Restrictions. 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 can curtail the freedom of an excluded person to move about within the exclusion zone. This proposed exclusion ordinance, like the City’s previous prostitution and 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). Allowing subjects excluded by ordinance into the zone for important services is essential and can also be challenging. The City received some complaints when previous exclusion zones were active that exclusions were not consistently applied, leading to some perception of disparate enforcement. All three versions of the proposed ordinance require that exclusion be imposed by a judge, after a hearing, ensuring due process for excluded persons. In addition, the availability of the Police Auditor and the Civilian Review Board as additional avenues for individuals who believe that they have not been treated fairly to register their complaints with the City, may also potentially mitigate disparate enforcement concerns. All three versions of the proposed 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. The 90-day exclusion upon an order issued by the municipal court judge after arrest or citation (under Versions A and C) will terminate if the excluded person is acquitted, if the charges are dismissed, or if no charges are filed. If version A or B of the ordinance is adopted, the council should also direct the City Manager to bring back Attachment D, an ordinance creating the offense of Violation of the Downtown Pubic Safety Zone, for a public hearing in September. Version C incorporates the offense that Attachment D would create. Several speakers at the July 21, 2008, public hearing discussed alternatives or modifications to the proposed ordinance. These alternatives included reliance on municipal court judges to determine that persons found guilty of certain offenses be prohibited from entering some downtown areas for a period of time instead of creating an exclusion ordinance. This option relies on the subject appearing in court, and the judge determining that this is an option he or she wishes to include in the convicted person’s sentence. Another option discussed at the public hearing was exclusion only upon conviction of certain offenses within the downtown public safety zone. (A motion to substitute an ordinance providing for exclusion only upon conviction has been provided in Attachment G). However, a crucial part of the problem the exclusion ordinance is meant to address occurs in the time between arrest or citation and conviction (in some cases as long as 12 months) when offenders are free to return to the downtown area and continue their problem behaviors. In contrast to the proposed ordinance, which provides an effective tool for regulating recurring bad behavior during the time between arrest or citation and conviction, the ordinance providing for exclusion only upon conviction does little to remove individuals exhibiting problem behaviors from the downtown area in a timely manner. Version C of the ordinance Z:\CMO\2008 Council Agendas\M080811\S0808115.doc limits pre-conviction exclusions to persons charged with a drug offense or criminal mischief, which are the most common offenses in the downtown public safety zone. The critical component of an effective exclusion zone is a consistent police presence and a timely . response to illegal behaviors 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 in 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 would also increase City Prosecutor and court-appointed attorney hours. The ability to impose meaningful sanctions is critical in addressing the target problem. Inadequate jail bed space and lack of work crew capacity is currently an issue for the court with the present case load. Community service is also an alternative sanction available to the judges. However, the court’s experience has been that community service is not a sanction well-suited to the population the proposed ordinance is intended to address. The City Manager’s recommendation has been discussed with Judge Allen of the Eugene Municipal Court and with City Prosecutor Dan Barkovic and they are both in support of the recommendation. 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 10 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 adopt the revised Downtown Public Safety Zone ordinance (version C) as presented in Attachment C 2.The council may adopt Version A of the proposed ordinance as presented in Attachment A 3.The council may move to amend Version A or B using one or more of the motions in Attachment G. 4.The council may direct the City Manager to further modify the proposed ordinance and schedule final action on the ordinance for a future date. 5.The council may decide that at this time it does not want to pursue any further action regarding the exclusion ordinance. If the council decides to adopt version A or B of the ordinance the council should also direct the City Manager to bring back Attachment D, an ordinance creating the offense of Violation of the Downtown Pubic Safety Zone for a public hearing in September. Z:\CMO\2008 Council Agendas\M080811\S0808115.doc Following the July 21 public hearing, City Council discussed several possible changes to the proposed ordinance. Staff and the City Attorney’s office have developed the following attachments and draft motions to correspond to the various options that Council may choose: Attachment A is the proposed ordinance version A creating a Downtown Public Safety Zone and providing for exclusion from the zone for 90 days upon an order issued by the municipal court judge after arrest or citation for certain offenses committed within the zone and exclusion from the zone for one year upon conviction of certain offenses committed within the zone. Attachment B is Version B of the ordinance, providing for exclusion from the zone only after conviction of one of the offenses listed in Attachment F. Attachment C is the City Manager’s recommendation – Ordinance Version C, a revised version of the exclusion ordinance versions previously presented for council consideration. This version is designed to focus on those offenses that are the most problematic in the downtown area. Attachment D is an ordinance creating the offense of Violation of Downtown Public Safety Zone Restrictions. If the council chooses to adopt version A or B of the exclusion zone ordinance, Attachment D would provide 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. If the council chooses to adopt version A or B of the ordinance, the council should also direct the City Manager to bring back the ordinance creating the offense of Violation of Downtown Public Safety Zone Restrictions for a public hearing in September. If the council adopts Version C of the ordinance, it will not need to act separately on Attachment D. Attachment E provides a map of the proposed Downtown Public Safety Zone that includes the area generating the greatest number of complaints and calls for service. This version of the map includes the addition of the block to the west of 7th Avenue and Lincoln Street. Motion 3, included in Attachment G would expand the boundary of the Downtown Public Safety Zone to reflect the boundaries as shown in this map and include the block bounded on the north by 7th Avenue, on the West by Lawrence Street, on the south by 8th Avenue and on the east by Lincoln Street. Attachment F is the list of offenses that trigger exclusion from the Downtown Public Safety Zone, categorized by severity. Category 1 includes felonies and person offenses; Category 2 consists of drug offenses and criminal mischief; Category 3 consists of property offenses; and Category 4 consists of other miscellaneous offenses. Attachment G is a list of motions requested by councilors and includes motions to expand the boundaries of the zone, reduce the list of offenses that trigger exclusion, exclude only upon conviction, include a two year sunset in the ordinance and direct the City Manager to draft a report on activities in the zone and present the report to the Police Commission which will forward it to the council. The attached motions are structured so that councilors can move the motion number rather than reading the entire motion. For example, a councilor could “move motion 6,” rather than moving to delete Category 2 offenses from the ordinance and then reading all the listed offenses. Z:\CMO\2008 Council Agendas\M080811\S0808115.doc CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the proposed ordinance, Attachment C, providing for exclusion for 90 days upon an order issued by the municipal court judge after arrest or citation for offenses in Category 2, “Drug Offenses and Criminal Mischief” that are committed in the Downtown Public Safety Zone and exclusion for one year upon conviction of the commission of certain other offenses (Category 1,2, 3 and 4) in the Downtown Public Safety Zone. SUGGESTED MOTIONS I move to adopt Attachment C, Version C of the ordinance (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). ATTACHMENTS A. Version A of Downtown Public Safety Zone Ordinance (including pre-conviction exclusion) B. Version B of Ordinance (providing for exclusion based on conviction only C. Version C of Ordinance (City Manager’s recommendation) D. Ordinance Creating the Offense of Violation of the Downtown Public Safety Zone E. Revised Downtown Public Safety Zone Map F. Categories of Offenses that Trigger Exclusion G. Motions Requested by Councilors 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\M080811\S0808115.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 S0808115-attA.doc 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 th generally bounded on the north by, and including, the south 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, then west along, and th including, the south sidewalk of 8 Avenue, then north along, and including, the th west sidewalk of Oak Street to the south sidewalk of 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 of: 1. The person’s notice of exclusion; or Ordinance - Page 2 of 8 S0808115-attA.doc 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. 4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure . Ordinance - Page 3 of 8 S0808115-attA.doc (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. Ordinance - Page 4 of 8 S0808115-attA.doc (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 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. Ordinance - Page 5 of 8 S0808115-attA.doc (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: 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: Ordinance - Page 6 of 8 S0808115-attA.doc 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 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. Ordinance - Page 7 of 8 S0808115-attA.doc (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@ 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 S0808115-attA.doc 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 S0808115-attB.doc 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 th generally bounded on the north by, and including, the south 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, then west along, and th including, the south sidewalk of 8 Avenue, then north along, and including, the th west sidewalk of Oak Street to the south sidewalk of 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; Ordinance - Page 2 of 7 S0808115-attB.doc (e) Attend any administrative or judicial hearing relating to an appeal 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 this section may apply for a variance pursuant to section 4.878 of this code. Ordinance - Page 3 of 7 S0808115-attB.doc 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: 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. Ordinance - Page 4 of 7 S0808115-attB.doc 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 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; Ordinance - Page 5 of 7 S0808115-attB.doc 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@ within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. Ordinance - Page 6 of 7 S0808115-attB.doc 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 7 of 7 S0808115-attB.doc ATTACHMENT C Version C ORDINANCE NO. ____________ AN ORDINANCE CONCERNING DOWNTOWN PUBLIC SAFETY ZONES; AND ADDING SECTIONS 4.873, 4.874, 4.875, 4.876, 4.877, 4.878, AND 4.879 TO THE EUGENE CODE, 1971; AND AMENDING SECTION 4.990 OF THAT CODE. 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, 4.878 and 4.979 are added to the Eugene Code, 1971, to provide: Ordinance - Page 1 of 9 Version C - ATTACHMENT C Version C 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 th generally bounded on the north by, and including, the south sidewalk of 7 Avenue, then south along, and including, the east sidewalk of Lawrence Street, th then east along, and including, the south sidewalk of 8 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 th sidewalk of 8 Avenue, then north along, and including, the west sidewalk of th Oak Street to the south sidewalk of 7 Avenue. 4.874 Downtown Public Safety Zone - Civil Exclusion . (1) The municipal court may exclude a person pursuant to subsections (1), (3), or (4) of section 4.876 for violation of any of the provisions in sections 4.230, 4.240, 4.780 and 4.782 of this code, and for violation of any of the provisions of ORS 164.365, ORS 167.262, ORS 167.808, ORS 475.840, ORS 475.846 through ORS 475.894, ORS 475.904, and ORS 475.906. (2) The municipal court may exclude a person pursuant to subsection (5) of 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, 4.770 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. (3) 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 (2) of this section and the person committed the offense while in the downtown public safety zone. Ordinance - Page 2 of 9 Version C - ATTACHMENT C Version C (4) 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 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. (5) 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. (6) 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; Ordinance - Page 3 of 9 Version C - ATTACHMENT C Version C (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. 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. Ordinance - Page 4 of 9 Version C - ATTACHMENT C Version C (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 (2) 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 (2) 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. Ordinance - Page 5 of 9 Version C - ATTACHMENT C Version C 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: 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; Ordinance - Page 6 of 9 Version C - ATTACHMENT C Version C 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 (2) 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. Ordinance - Page 7 of 9 Version C - ATTACHMENT C Version C (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@ within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. 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: Ordinance - Page 8 of 9 Version C - ATTACHMENT C Version C 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 in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 4. Unless otherwise extended by the City Council, this Ordinance and the amendments authorized herein shall automatically sunset and be repealed August 11, 2010. The City Recorder is requested to note this sunset date on appropriate City logs. Passed by the City Council this Approved by the Mayor this _____ day of ___________, 2008. ______ day of _______________, 2008. _______________________________ _________________________________ City Recorder Mayor 00203312.DOC;1 Ordinance - Page 9 of 9 Version C - ATTACHMENT D 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 S0808115-attD.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 S0808115-attD.doc ATTACHMENT F Category 1 Offenses (felonies and person offenses): Offense: In violation of: Offensive physical contact ......................................................................... EC 4.705 Disorderly conduct .................................................................................... EC 4.725 Harassment ................................................................................................ EC 4726 Assault ...................................................................................................... EC 4.729 Assault in the third degree.......................................................................... ORS 163.165 Assault in the second degree....................................................................... ORS 163.175 Assault in the first degree........................................................................... ORS 163.185 Menacing................................................................................................... EC 4.730 Intimidation in the second degree............................................................... EC 4.731 Intimidation in the first degree.................................................................... ORS 166.165 Robbery in the third degree........................................................................ ORS 164.395 Robbery in the second degree..................................................................... ORS 164.405 Robbery in the first degree......................................................................... ORS 164.415 Discharging firearms.................................................................................. ORS 166.170 Pointing firearm at another......................................................................... ORS 166.220 Carrying a concealed weapon..................................................................... ORS 166.240 Unlawful possession of firearms................................................................. ORS 166.250 Recklessly endangering another person...................................................... EC 4.728 Interfering with public transportation ......................................................... EC 4.977 Category 2 Offenses (drug offenses and criminal mischief): Offense: In violation of: Inhaling toxic vapors.................................................................................. EC 4.230 Unlawful possession of inhalants ............................................................... ORS 167.808 Use or possession of less than one ounce of marijuana................................ EC 4.240 Unlawful manufacture of marijuana........................................................... ORS 475.856 Unlawful manufacture of marijuana within 1,000 feet of school................. ORS 475.858 Unlawful delivery of marijuana.................................................................. ORS 475.860 Unlawful delivery of marijuana within 1,000 feet of school........................ ORS 475.862 Unlawful possession of marijuana.............................................................. ORS 475.864 Unlawful possession of heroin.................................................................... ORS 475.854 Unlawful manufacture of heroin................................................................. ORS 475.846 Unlawful manufacture of heroin within 1,000 feet of school....................... ORS 475.848 Unlawful delivery of heroin........................................................................ ORS 475.850 Unlawful delivery of heroin within 1,000 feet of school............................. ORS 475.852 Unlawful manufacture of 3,4-methylenedioxymethamphetamine (MDMA or Ecstasy)................................................................................................. ORS 475.866 Unlawful manufacture of 3,4-metrhylenedioxymentamphetamine within 1,000 feet of school.................................................................................... ORS 475.868 Unlawful delivery of 3,4-metrhylenedioxymentamphetamine..................... ORS 475.870 Unlawful delivery of 3,4-metrhylenedioxymentamphetamine within 1,000 feet of school.............................................................................................. ORS 475.872 Unlawful possession of 3,4-metrhylenedioxymentamphetamine................. ORS 475.874 Unlawful manufacture of cocaine............................................................... ORS 475.876 Unlawful manufacture of cocaine within 1,000 feet of school..................... ORS 475.878 Unlawful delivery of cocaine...................................................................... ORS 475.880 Unlawful delivery of cocaine within 1,000 feet of school........................... ORS 475.882 Unlawful possession of cocaine.................................................................. ORS 475.884 Unlawful manufacture of methamphetamine.............................................. ORS 475.886 Unlawful manufacture of methamphetamine within 1,000 feet of school.... ORS 475.888 Unlawful delivery of methamphetamine..................................................... ORS 475.890 Unlawful delivery of methamphetamine within 1,000 of school.................. ORS 475.892 Unlawful possession of methamphetamine................................................. ORS 475.894 Adult using a minor in commission of controlled substance offense........... ORS 167.262 Unlawful manufacture, delivery or possession of a controlled substance..... ORS 475.840 Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school........................................................................................... ORS 475.904 Distribution of a controlled substance to a minor........................................ ORS 475.906 Criminal mischief in the first degree........................................................... ORS 164.365 Criminal mischief in the second degree...................................................... EC 4.782 Criminal mischief in the third degree.......................................................... EC 4.780 Category 3 Offenses (property offenses): Offense: In violation of: Criminal mischief in the second degree by a guest...................................... EC 4.806 Criminal trespass in the second degree....................................................... EC 4.807 Criminal trespass in the first degree............................................................ EC 4.808 Criminal trespass while in possession of a firearm...................................... EC 4.809 Petty larceny .............................................................................................. EC 4.820 Theft.......................................................................................................... EC 4.822 Shoplifting................................................................................................. EC 4.825 Theft of services......................................................................................... EC 4.930 Unlawful Entry Into a Motor Vehicle ........................................................ EC 4.882 Category 4 Offenses (miscellaneous offenses): Offense: In violation of: Noise disturbance....................................................................................... EC 4.080 Purchase or possession of liquor by a minor............................................... EC 4.115 Consumption or possession of alcohol in unlicensed public places............. EC 4.190 Unaccompanied or unemancipated minors in public places during certain hours.......................................................................................................... EC 4.685 Interference with pedestrians...................................................................... EC 4.707 Public indecency........................................................................................ EC 4.755 Prohibited nudity........................................................................................ EC 4.760 Urination and defecation in public places................................................... EC 4.770 ATTACHMENT G Motions Re: Downtown Public Safety Zones’ Ordinance August 11, 2008 Council Action Motion 1. I move motion 1. Motion 1 substitutes the Ordinance attached as Attachment B (exclusion upon conviction only), for the ordinance attached as Attachment C. Motion 2. I move motion 2. Motion 2 substitutes the Ordinance attached as Attachment A (exclusion after arrest or conviction based on full list of offenses) for the ordinance attached as Attachment C. Motion 3. I move motion 3. Motion 3 amends section 4.873 of the Ordinance (expands the Downtown Public Safety Zone by one square block bounded by 7th Avenue, Lawrence Street, 8th Avenue and Lincoln Street) to read: 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 th generally bounded on the north by, and including, the south sidewalk of 7 Avenue, then south along, and including, the east sidewalk of Lawrence Street, th then east along and including, the south sidewalk of 8 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 th sidewalk of Pearl Street, then west along, and including, the south sidewalk of 8 Avenue, then north along, and including, the west sidewalk of Oak Street to the th south sidewalk of 7 Avenue. Motion 4. I move motion 4. Motion 4 amends subsection (1) of section 4.874 of the Ordinance to add section 4.770 of the Eugene Code, 1971, (urination or defecation in public places) as a violation for which a person may be excluded. Motion 5. I move motion 5. Motion 5 deletes Category 4 offenses from subsection (1) of section 4.874 of the Ordinance. Downtown Public Safety Zone Motions -- Page 1 of 4 S0808115-attG.doc Category 4 Offenses (miscellaneous offenses) : Offense: In violation of: Noise disturbance.............................................................. EC 4.080 Purchase or possession of liquor by a minor...................... EC 4.115 Consumption or possession of alcohol in unlicensed public places................................................................................ EC 4.190 Unaccompanied or unemancipated minors in public places during certain hours........................................................... EC 4.685 Interference with pedestrians............................................. EC 4.707 Public indecency............................................................... EC 4.755 Prohibited nudity............................................................... EC 4.760 Motion 6. I move motion 6. Motion 6 deletes Category 3 offenses from subsection (1) of section 4.874 of the Ordinance. Category 3 Offenses (property offenses): Offense: In violation of: Criminal mischief in the second degree by a guest............. EC 4.806 Criminal trespass in the second degree.............................. EC 4.807 Criminal trespass in the first degree................................... EC 4.808 Criminal trespass while in possession of a firearm............. EC 4.809 Petty larceny .................................................................... EC 4.820 Theft................................................................................. EC 4.822 Shoplifting........................................................................ EC 4.825 Theft of services................................................................ EC 4.930 Unlawful Entry Into a Motor Vehicle ............................... EC 4.882 Motion 7. I move motion 7. Motion 7 deletes Category 2 offenses from subsection (1) of section 4.874 of the Ordinance. Category 2 Offenses (drug offenses and criminal mischief): Offense: In violation of: Inhaling toxic vapors......................................................... EC 4.230 Unlawful possession of inhalants ...................................... ORS 167.808 Use or possession of less than one ounce of marijuana...... EC 4.240 Unlawful manufacture of marijuana.................................. ORS 475.856 Unlawful manufacture of marijuana within 1,000 feet of school................................................................................ ORS 475.858 Unlawful delivery of marijuana......................................... ORS 475.860 Unlawful delivery of marijuana within 1,000 feet of school ORS 475.862 Downtown Public Safety Zone Motions -- Page 2 of 4 S0808115-attG.doc Unlawful possession of marijuana..................................... ORS 475.864 Unlawful possession of heroin........................................... ORS 475.854 Unlawful manufacture of heroin........................................ ORS 475.846 Unlawful manufacture of heroin within 1,000 feet of school................................................................................ ORS 475.848 Unlawful delivery of heroin............................................... ORS 475.850 Unlawful delivery of heroin within 1,000 feet of school.... ORS 475.852 Unlawful manufacture of 3,4- methylenedioxymethamphetamine (MDMA or Ecstasy).... ORS 475.866 Unlawful manufacture of 3,4- metrhylenedioxymentamphetamine within 1,000 feet of school................................................................................ ORS 475.868 Unlawful delivery of 3,4- metrhylenedioxymentamphetamine................................... ORS 475.870 Unlawful delivery of 3,4- metrhylenedioxymentamphetamine within 1,000 feet of school................................................................................ ORS 475.872 Unlawful possession of 3,4- metrhylenedioxymentamphetamine................................... ORS 475.874 Unlawful manufacture of cocaine...................................... ORS 475.876 Unlawful manufacture of cocaine within 1,000 feet of school................................................................................ ORS 475.878 Unlawful delivery of cocaine............................................. ORS 475.880 Unlawful delivery of cocaine within 1,000 feet of school.. ORS 475.882 Unlawful possession of cocaine......................................... ORS 475.884 Unlawful manufacture of methamphetamine..................... ORS 475.886 Unlawful manufacture of methamphetamine within 1,000 feet of school..................................................................... ORS 475.888 Unlawful delivery of methamphetamine............................ ORS 475.890 Unlawful delivery of methamphetamine within 1,000 of school................................................................................ ORS 475.892 Unlawful possession of methamphetamine........................ ORS 475.894 Adult using a minor in commission of controlled substance offense.............................................................................. ORS 167.262 Unlawful manufacture, delivery or possession of a controlled substance.......................................................... ORS 475.840 Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school.............................. ORS 475.904 Distribution of a controlled substance to a minor............... ORS 475.906 Criminal mischief in the first degree ORS 164.365 Criminal mischief in the second degree EC 4.782 Criminal mischief in the third degree EC 4.780 Motion 8. I move motion 8. Motion 8 deletes Category 1 offenses from subsection (1) of section 4.874 of the Ordinance. Downtown Public Safety Zone Motions -- Page 3 of 4 S0808115-attG.doc Category 1 Offenses (felonies and person offenses): Offense: In violation of: Offensive physical contact ................................................ EC 4.705 Disorderly conduct ........................................................... EC 4.725 Harassment ....................................................................... EC 4726 Assault ............................................................................. EC 4.729 Assault in the third degree................................................. ORS 163.165 Assault in the second degree.............................................. ORS 163.175 Assault in the first degree.................................................. ORS 163.185 Menacing.......................................................................... EC 4.730 Intimidation in the second degree...................................... EC 4.731 Intimidation in the first degree........................................... ORS 166.165 Robbery in the third degree............................................... ORS 164.395 Robbery in the second degree............................................ ORS 164.405 Robbery in the first degree................................................ ORS 164.415 Discharging firearms......................................................... ORS 166.170 Pointing firearm at another................................................ ORS 166.220 Carrying a concealed weapon............................................ ORS 166.240 Unlawful possession of firearms........................................ ORS 166.250 Recklessly endangering another person............................. EC 4.728 Interfering with public transportation ................................ EC 4.977 Motion 9. I move motion 9. Motion 9 includes the following language as an uncodified section of the Ordinance: Section 3. Unless otherwise extended by the City Council, this Ordinance and the amendments authorized herein shall automatically sunset and be repealed August 11, 2010. The City Recorder is requested to note this sunset date on appropriate City logs. Motion 10. I move motion 10. Motion 10 includes the following language as an uncodified section of the Ordinance: Within two years from the effective date of this Ordinance: 1)The City Manager shall prepare a report of the activity recorded in the Downtown Public Safety Zone and provide that report to the Police Commission, and 2)The Police Commission shall review the report, obtain public input regarding the effectiveness of this Ordinance in reducing targeted incidents in the Downtown Public Safety Zone and provide a recommendation to the council regarding continued enforcement of this Ordinance. Downtown Public Safety Zone Motions -- Page 4 of 4 S0808115-attG.doc