HomeMy WebLinkAboutOrdinance No. 20419
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COUNCIL ORDINANCE NUMBER 20419
COUNCIL BILL NUMBER 4985
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.
ADOPTED: August 11, 2008
PASSED: 5/3
REJECTED:
OPPOSED: Bettman, Taylor, Zelenka
ABSENT:
EFFECTIVE: September 13, 2008;
to sunset August 11, 2010.
ORDINANCE NO. 20419
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
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
sidewalk of 7th Avenue, then south along, and including, the east sidewalk of
Lawrence Street, then east along, and' including, the south sidewalk of 8th
Avenue, then south along, and including the west sidewalk of Lincoln Street,
then east along, and including, the south sidewalk of 11 th Avenue, then north
along, and including, the east sidewalk of Pearl Street, then west along, and
including, the south sidewalk of 8th Avenue, then north along, and including,
the west sidewalk of Oak Street to the south sidewalk of 7th 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 4.110(2), 4.230, 4.240, 4.726, 4.729, 4.730, 4.731, 4.770,
4.780 and 4.782 of this code, and for violation of any of the provisions
of ORS 163.185, ORS 164.365, ORS 166.165, 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.
(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;
Ordinance - Page 2 of 9
(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)(4)(a) - (f) of
this section may only travel directly to and from the purposes
enumerated in subsections (3)(4)(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;
(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 the person has the right to be represented by an
attorney, at the person’s own expense, at the hearing.
Ordinance - Page 3 of 9
(g) 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;
(h) A map showing boundaries of the downtown public safety zone; and
(i) 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.
(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 9
4.877
4.878
(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 person's 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.
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.
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 9
(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) Emplovment 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.
Ordinance - Page 6 of 9
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.
(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 9
(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
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:
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.
Ordinance - Page 8 of 9
Section
4.879
Penaltv
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. 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.
Section 5. 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
11th day of August, 2008.
Approved by the Mayor this
I ~ day of August, 2008.
nf\a~
. Ity ecorder
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Mayor
Ordinance - Page 9 of 9
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Mary Feldman, City Recorder
Date: December 30, 2008
Subject:
Scrivener Error Corrections to Ordinance No. 20419, Section 1; and EC
4.874
It has come to our attention that a reference error exists in uncodified Section 1 of
Ordinance No. 20419. The reference to "4.979" should be to "4.879." Therefore, Section 1
should read:
"Sections 4.873, 4.874, 4.875, 4.876, 4.877, 4.878 and 4.879 are added to
the Eugene Code, 1971, to provide:"
In addition, two reference errors exist in the codified version ofEC 4.874(5). The
references to "subsections (3)(a) - (f)" are errors and should be corrected to "subsections (4)(a) _
(f)." Therefore, EC 4.874(5) should read:
"While in the downtown public safety zone, a person who is otherwise
excluded but enters the zone pursuant to subsections (4)(a) - (f) of this
section may only travel directly to and from the purposes enumerated in
subsections (4)(a) - (f) of this section."
Please correct these scrivener errors. The corrections are authorized by Ordinance No.
20419, and a copy of this memo should be attached to that Ordinance.
HARRANG LONG GARY RUDNICK P.C. -
CITY ATTORNEYS
~~
Laure . ommers
LAS:cmc
cc: Linda Phelps
Bob Blanchard
00217752.DOC;1