HomeMy WebLinkAboutItem 7: Ordinance Amending Downtown Public Safey Zone Ordinance
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
recommendation to City Council. EPD staff needed additional time to prepare the activity report and,
due to the extended time required by the Police Commission to process other policy work, there will be
insufficient time to review the DPSZ activity report and receive public comment before the DPSZ
ordinance sunsets.
The council is being asked to extend the deadline for the Police Commission’s review of the DPSZ
report and recommendation to the City Council by 30 days, to October 13, 2010. Further, the council’s
passage of the new ordinance (Attachment A) will extend the sunset date of the DPSZ Ordinance by 150
days to January 8, 2011. The date of the extension is suggested to allow time to process any amendments
to the ordinance if, after hearing the recommendation, the council asks for amendments. In addition, the
council break occurs in December, and the number of available meetings is typically somewhat limited.
Tasks Current Timeline Proposed Extension
Police Commission Review of Activity
Report, Public Comment, and September 13, 2010 October 13, 2010
Recommendation to council
DPSZ Ordinance No. 20419 Sunset Date August 11, 2010 January 8, 2011
The Police Commission has scheduled a public input process for September 1, 2010, to be held at the
Eugene Public Library. At this public meeting, the Police Commission plans to provide information
regarding the activity report and the opportunity for members of the public to comment on the
Downtown Public Safety Zone exclusion process. The report will be posted on the Police Commission
and Police Department web pages prior to the public meeting. Public announcements regarding the
report’s availability will also be provided by the Police Commission.
The civil exclusion process has been a small but important component in law enforcement’s efforts to
improve downtown Eugene’s disorder-related issues. Law enforcement partners working together to
improve downtown hope the civil exclusion process will be a long-term element of the comprehensive
strategies of the City’s Downtown Initiative.
The council heard from seven speakers at the July 29, 2010, public hearing, who were not supportive of
the exclusion zone or the proposed ordinance. These individual’s concerns included disapproval of
exclusionary zones, First Amendment rights, fear that homeless individuals and youth may be unfairly
targeted for exclusion, and general dissatisfaction with the timing of the activity report preparation and
review. Two members of the public spoke in favor of the proposed ordinance and expressed satisfaction
with the DPSZ.
The council is asked to take action on the new ordinance on August 9, 2010, so the Downtown Public
Safety Zone will continue without interruption.
RELATED CITY POLICIES
This topic relates to the Safe Community Vision: A community where people feel safe, valued, and
welcome. In addition, the topic relates to several of the City Council’s goals: The Homeless,
Sustainability, Downtown and Police Initiatives. The Park Rules currently provide an option of
Z:\CMO\2010 Council Agendas\M100809\S1008097.doc
exclusion from parks and playgrounds for certain offenders.
COUNCIL OPTIONS
The City Council may:
(1) Adopt the ordinance as presented;
(2)Modify the ordinance and adopt it; or
(3)Reject the ordinance.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option 1, adopting the proposed ordinance with an immediate effective
date.
SUGGESTED MOTIO
N
Move to adopt Council Bill # 5033, the proposed ordinance concerning amending Ordinance No. 20419
by extending the sunset date and deadline for providing a recommendation regarding continued
enforcement of the Ordinance.
ATTACHMENTS
A.Downtown Public Safety Zone Extension Ordinance
B.Downtown Public Safety Zone Ordinance No. 20419
FOR MORE INFORMATION
Staff Contact: Linda Phelps
Telephone: 541-682-6308
Staff E-Mail: linda.m.phelps@ci.eugene.or.us
Z:\CMO\2010 Council Agendas\M100809\S1008097.doc
ATTACHMENT A
ORDINANCE NO. ________
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.
The City Council of the City of Eugene finds that:
A.
On August 11, 2008, Ordinance No. 20419 was adopted adding provisions to the
Eugene Code, 1971, to allow for temporary civil exclusions from the downtown area of persons
arrested for certain offenses committed in the downtown area.
B.
Section 4 of the Ordinance required that within two years from September 13,
2008 (the effective date of the Ordinance), the City Manager prepare a report of the activity
recorded in the Downtown Public Safety Zone and provide that report to the Police Commission,
whereupon, the Police Commission would review the report, obtain public input, and provide a
recommendation to the City Council regarding continued enforcement of the Ordinance.
C.
Section 5 of the Ordinance provided that the Ordinance automatically sunset on
August 11, 2010, unless extended by the City Council.
D.
More time is needed for preparation and review of the activity report, and to
gather public input. It would be in the public interest to extend the Police Commission’s
recommendation deadline for 30 days and the Ordinance sunset date for 150 days to allow the
Downtown Public Safety Zone Code provisions to remain in effect until a thorough activity report
can be prepared for the City Council’s consideration and a determination made as to whether to
continue civil exclusions from the downtown area.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1
. Section 4 of Ordinance No. 20419 is amended to read as follows:
“By October 13, 2010: (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 2
. Section 5 of Ordinance No. 20419 is amended to read as follows:
“Unless otherwise extended by the City Council, this Ordinance and the
amendments authorized herein shall automatically sunset and be repealed
January 8, 2011. The City Recorder is requested to note this sunset date on
appropriate City logs.”
Section 3.
Pursuant to the provisions of Section 32(2) of the Eugene Charter of 2002,
with the affirmative vote of two-thirds of the members of the City Council, upon adoption by the
Council and approval by the Mayor, or passage over the Mayor’s veto, this Ordinance shall
become effective immediately. An immediate effective date is necessary to allow the Downtown
Public Safety Zone Code provisions to remain in effect until a thorough activity report can be
prepared for Council’s consideration.
Section 4
. A copy of this Ordinance shall be appended to Ordinance No. 20419.
Passed by the City Council this Approved by the Mayor this
_____ day of ______________, 2010. _____ day of ______________,
2010.
City Recorder Mayor