HomeMy WebLinkAboutItem 3: Adoption of an Ordinance Concerning Authority of Traffic Control Officers to Direct Traffic
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Adoption of an Ordinance Concerning Authority of Traffic Control Officers to
Direct Traffic and Amending Sections 2.660, 5.010, 5.060, 5.065, 5.275 and 5.276
of the Eugene Code, 1971
Meeting Date: November 15, 2010 Agenda Item Number: 3
Department: Eugene Police Staff Contact: Captain Rich Stronach
www.eugene-or.gov Contact Telephone Number: 541-682-5252
ISSUE STATEMENT
This is an opportunity for the City Council to take action on amendments to Eugene Code 2.660 and
5.010. These amendments would change the title of a community service specialist to a community
service officer, providing authority to the community service officer to direct traffic on the streets and
public thoroughfares of the city. The amendment to 5.010 of the Eugene Code adds a definition of
traffic officer to include community service officers, police officers and any individual designated by the
City Manager to serve as a traffic officer. These amendments are necessary to provide authority for
Eugene Police Department community service officers to direct traffic in situations concurrent with
authority provided by state statute.
BACKGROUND
As presently written, EC 2.660 gives “community service specialists” authority to enforce all parking,
vehicle storage, noise disturbance provisions of sections 4.080 and 4.083 of this code, and animal
regulations permitted under the laws of this state and city by issuance of a citation, but they are not
authorized to make arrests. The position title for a Police Department civilian staff person performing
applicable duties is community service officer. These Police Department civilian employees augment
the work of police officers in the field, including responding to traffic emergencies, crashes, maintaining
safe routes for parades and races on city streets, and assisting police patrol officers with other
appropriate duties.
The first purpose of this proposed amendment to the Eugene Code is to change the title of the employee
to whom these powers have been given. Secondly, the ordinance would permit the Police Department to
utilize CSOs to direct traffic in circumstances where their authority is appropriate to the situation.
Examples of situations where the utilization of a community service officer would be a prudent use of
resources include temporary traffic control at a vehicle accident scene or during a race on city streets.
The City Council held a public hearing on this ordinance on November 15, 2010. No members of the
public spoke either in favor or against the ordinance.
Z:\CMO\2010 Council Agendas\M101122\S1011223.doc
RELATED CITY POLICIES
The City Council’s goal of a Safe Community: A community where all people are safe, valued and
welcome is supported through a visible and accessible uniformed police presence.
The City has previously maintained consistency between provisions of the Eugene Code and relevant
State statutes.
COUNCIL OPTIONS
(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 ordinance as presented and amending sections
2.660, 5.010, 5.060, 5.065, 5.275 and 5.276 of the Eugene Code.
SUGGESTED MOTION
I move to adopt an ordinance concerning authority of Traffic Control Officers to direct traffic
and amending sections 2.660, 5.010, 5.060, 5.065, 5.275 and 5.276 of the Eugene Code, 1971.
ATTACHMENTS
A.Proposed Ordinance (Legislative Version)
B.Proposed Ordinance (Clean Version)
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\M101122\S1011223.doc
ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING AUTHORITY OF COMMUNITY SERVICE
OFFICERS TO DIRECT TRAFFIC AND AMENDING SECTIONS 2.660, 5.010,
5.060, 5.065, 5.275 AND 5.276 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 2.660 of the Eugene Code, 1971, is amended to provide:
2.660 Police Department - Duties, Generally.
(1)
The chief of police and all city police officers shall have all the powers of arrest
permitted a peace officer under the laws of the state.
(2)
The chief of police and all police officers shall perform such duties as may be
required by the Charter of the city, the provisions of this Code or directives of
the city manager.
(3)
A community service [specialist] officer shall perform such duties as may be
required by the charter of the city, the provisions of this code, or directions of
the city manager. A community service [specialist] officer shall have the
authority to enforce all parking, vehicle storage, noise disturbance provisions
of sections 4.080 and 4.083 of this code, and animal regulations permitted
under the laws of this state and city by issuance of a citation, but is not
authorized to arrest. A community service officer shall have the same
authority as a police officer when directing traffic on the streets or
public thoroughfares of the city.
(4)
No person shall fail to obey a lawful order, signal or direction of a community
service [specialist] officer while such individual is engaged in any of the duties
pursuant to the provisions of subsection (3) of this section and is wearing an
authorized insignia or uniform.
Section 2.
Section 5.010 of the Eugene Code, 1971, is amended by adding the definition
of “Traffic officer” in alphabetical order to the list of definitions to provide:
5.010 Definitions
. In addition to those definitions contained in ORS Chapters 801 to 825,
and Chapter 153, the following words or phrases, except where the context clearly
indicates a different meaning shall mean:
Traffic officer. A community service officer, a police officer and any individual
designated by the city manager to serve as a traffic officer.
Section 3.
Sections 5.060, 5.065, 5.275 and 5.276 of the Eugene Code, 1971, are
amended to provide:
5.060 Obedience to and Alteration of Control Devices
.
Ordinance - Page 1 of 2
(1)
No person shall disobey the instruction of a [traffic officer or] traffic control
device unless directed to do so by a traffic officer.
(2)
No unauthorized person shall install, move, remove, obstruct, alter the
position of, deface or tamper with a traffic control device.
5.065 Authority of Police and Fire Officers
.
(1)
It shall be the duty of police officers to enforce the provision of this chapter.
(2)
In the event of a fire or other public emergency, [officers] members of the
police and fire department may direct traffic as conditions require,
notwithstanding the provisions of this chapter.
5.275 Parking Control Officer and Community Service [Specialist]
Officer. Parking
control officers and community service [specialists] officers are authorized to issue
citations and notices of violation of parking provisions of this code to violators, but
are not authorized to arrest. Such citations or notices of violation shall be in a form
approved by the city attorney and need not be verified by oath.
5.276 Authority to Mark Vehicles
. A police officer, parking control officer or community
service [specialist] officer may mark motor vehicles that are parked, standing, or
stopped to aid in the enforcement of parking regulations. Such mark shall be made
by chalk upon the tires of the vehicle or by some other convenient method that will
not injure or damage the vehicle. Marks so placed shall not be interfered with,
concealed, or obliterated or erased by any person other than a police officer,
parking control officer, or community service [specialist] officer while the vehicle
remains parked, standing or stopped at the place where the vehicle is marked.
Section 4.
The City Recorder, at the request of, or with the consent 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
nd
22 day of November, 2010 ____ day of November, 2010
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 2 of 2
ATTACHMENT B
ORDINANCE NO. ________
AN ORDINANCE CONCERNING AUTHORITY OF COMMUNITY SERVICE
OFFICERS TO DIRECT TRAFFIC AND AMENDING SECTIONS 2.660, 5.010,
5.060, 5.065, 5.275 AND 5.276 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 2.660 of the Eugene Code, 1971, is amended to provide:
2.660 Police Department - Duties, Generally.
(1)
The chief of police and all city police officers shall have all the powers of arrest
permitted a peace officer under the laws of the state.
(2)
The chief of police and all police officers shall perform such duties as may be
required by the Charter of the city, the provisions of this Code or directives of
the city manager.
(3)
A community service officer shall perform such duties as may be required by
the charter of the city, the provisions of this code, or directions of the city
manager. A community service officer shall have the authority to enforce all
parking, vehicle storage, noise disturbance provisions of sections 4.080 and
4.083 of this code, and animal regulations permitted under the laws of this
state and city by issuance of a citation, but is not authorized to arrest. A
community service officer shall have the same authority as a police officer
when directing traffic on the streets or public thoroughfares of the city.
(4)
No person shall fail to obey a lawful order, signal or direction of a community
service officer while such individual is engaged in any of the duties pursuant to
the provisions of subsection (3) of this section and is wearing an authorized
insignia or uniform.
Section 2.
Section 5.010 of the Eugene Code, 1971, is amended by adding the definition
of “Traffic officer” in alphabetical order to the list of definitions to provide:
5.010 Definitions
. In addition to those definitions contained in ORS Chapters 801 to 825,
and Chapter 153, the following words or phrases, except where the context clearly
indicates a different meaning shall mean:
Traffic officer
. A community service officer, a police officer and any individual
designated by the city manager to serve as a traffic officer.
Section 3.
Sections 5.060, 5.065, 5.275 and 5.276 of the Eugene Code, 1971, are
amended to provide:
5.060 Obedience to and Alteration of Control Devices
.
Ordinance - Page 1 of 2
(1)
No person shall disobey the instruction of a traffic control device unless
directed to do so by a traffic officer.
(2)
No unauthorized person shall install, move, remove, obstruct, alter the
position of, deface or tamper with a traffic control device.
5.065 Authority of Police and Fire Officers
.
(1)
It shall be the duty of police officers to enforce the provision of this chapter.
(2)
In the event of a fire or other public emergency, members of the police and fire
department may direct traffic as conditions require, notwithstanding the
provisions of this chapter.
5.275 Parking Control Officer and Community Service Officer
. Parking control officers
and community service officers are authorized to issue citations and notices of
violation of parking provisions of this code to violators, but are not authorized to
arrest. Such citations or notices of violation shall be in a form approved by the city
attorney and need not be verified by oath.
5.276 Authority to Mark Vehicles
. A police officer, parking control officer or community
service officer may mark motor vehicles that are parked, standing, or stopped to aid
in the enforcement of parking regulations. Such mark shall be made by chalk upon
the tires of the vehicle or by some other convenient method that will not injure or
damage the vehicle. Marks so placed shall not be interfered with, concealed, or
obliterated or erased by any person other than a police officer, parking control
officer, or community service officer while the vehicle remains parked, standing or
stopped at the place where the vehicle is marked.
Section 4.
The City Recorder, at the request of, or with the consent 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
nd
22 day of November, 2010 ____ day of November, 2010
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 2 of 2