Item 7: Ordinance Amending Downtown Public Safey Zone Ordinance

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Downtown Public Safety Zones; Amending Ordinance No. 20419 to Extend the Sunset Date and Deadline for Providing a Recommendation Regarding Continued Enforcement of the Ordinance; and Providing an Immediate Effective Date Meeting Date: August 9, 2010 Agenda Item Number: 7 Department: Eugene Police Staff Contact: Pete Kerns, Chief of Police www.eugene-or.gov Contact Telephone Number: 541-682-5102 ISSUE STATEMENT This is an item for City Council action concerning the extension of the sunset date and deadline for providing a recommendation regarding the Downtown Public Safety Zone Ordinance. The ordinance is scheduled to sunset on August 11, 2010. The Police Department has requested additional time to prepare the activity report and provide the report to the Police Commission for their review and public input process. An extension of the Police Commission’s recommendation by 30 days and the ordinance sunset date by 150 days is requested to allow the Downtown Public Safety Zone Code provisions to remain in effect until a thorough activity report can be prepared and a determination made as to whether to continue civil exclusions from the downtown area. Note: It is necessary to adopt this ordinance with an immediate effective date so that the Downtown Public Safety Zone provisions will remain in effect pending the preparation of the activity report. BACKGROUND Following several work sessions and a public hearing, the City Council adopted the Downtown Public Safety Zone (DPSZ) Ordinance No. 20419 on August 11, 2008. The effective date of the ordinance was September 13, 2008, with a sunset date of August 11, 2010. Subsequently, City staff developed the necessary procedures for the exclusion process and the first arraignment date of a DPSZ exclusion occurred six weeks later on October 31, 2008. In Ordinance No.20419, the council specified a process for review of the DPSZ effectiveness: “Within two years from the effective date of the 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.” The proposed ordinance (attachment A) will be necessary to maintain the exclusion process until the Police Commission can review the staff’s activity report, hold a public comment session, and provide a Z:\CMO\2010 Council Agendas\M100809\S1008097.doc