HomeMy WebLinkAboutOrdinance No. 20121ORDINANCE NO, 20 ~ 2 ~
AN ORDINANCE E~CLUDnVG LAw VIOLATORS FROM THE
DOwNTOwN MALL; ADDING A NE~V SECTION 4.874 TO THE
EUGENE CODE,1971; AND PROVIDING AN AUTOMATIC REPEAL
AS OF MARCH 31,1999.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1, Anew Section 4.874 is hereby added to the Eugene Code, 1971, to read and
prove e:
4.874 Pedestrian Mall -Exclusion.
~1} Any peace officer, as defined by ORS 133.005, may issue a notice of
exclusion from the downtown mall to any person who commits any offense defined in this chapter
or in the criminal laws of the State of Oregon on the downtown mall, except that this section shall
not apply to violations of section 4.872. A notice of exclusion shall prohibit the person who
committed the offense from entering upon the downtown mall for a period of 60 days. The notice
of exclusion shall be in writing, shall specify the duration of the exclusion and the places from which
the person is excluded, shall describe the procedure to appeal the notice of exclusion, and shall
specify the time and place that the appeal will be heard. The notice of exclusion shall be signed by
the officer who issues it and shall be given to the person excluded from the mall.
~2} Any person receiving a notice of exclusion may appeal by appearing at
municipal court at the time specified in the notice of exclusion for a hearing on the appeal, which
shall be no more than five days from the date the notice of exclusion is issued. The municipal judge
shall hear the appeal at that time and shall render a decision at the conclusion of the hearing, which
maybe continued far no more than f ve days. The municipal judge may affirm, modify or reverse
the notice of exclusion, The municipal judge may modify the notice of exclusion for the same
purposes for which the city manager or designee is authorized to grant a variance under subsection
~4} of this section.
~3} If the person to whom the notice of exclusion is issued does not appear at
municipal court at the time specified for the appeal, the exclusion shall take effect at the time set for
the appeal, If the person to whom the notice of exclusion is issued appears at municipal court at the
time specified for the appeal, and after the hearing the judge affirms or modifies the notice of
exclusion, the exclusion shall tale effect immediately upon the judge's decision.
~4} ~ At any time during the period of exclusion, a person who has received a notice
of exclusion may apply to the city manager or designee far a variance to allow the person to enter
upon the downtown mall for specified purposes. The city manager or designee may grant a variance
if the person establishes a need to enter upon the mall for reasons of employment, medical treatment
or similar good cause. A variance may include such conditions as the city manager or designee
Ordinance -1
determines will prevent future offenses.
~5} .Any person who enters upon the downtown mall in violation of a notice of
exclusion commits criminal trespass in the .second degree.
~6} ~ Notwithstanding the provisions of section 2.770 of this code, the notice of
exclusion appeal hearing shall be governed by the procedures set forth in this section.
Section 2. This Ordinance, and Section 4.$74 of the Eugene Code, 1971 are repealed
effective midnight, March 31,1999.
Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to a ' 'stratively 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
8~' day of June,1998
`~
City Recorde
Approved by the Mayor this
Sth day of June,199S
1
Mayor
Ordinance - 2