HomeMy WebLinkAboutOrdinance No. 20467Mko
COUNCIL ORDINANCE NUMBER 20467
COUNCIL BILL NUMBER 5042
AN ORDINANCE CONCERNING THE DOWNTOWN
PUBLIC SAFETY ZONE; AMENDING SECTIONS
4.874, 4.875 AND 4.876 OF THE EUGENE CODE,
1977; AND PROVIDING A SUNSET DATE.
ADOPTED: December 8,2010
SIGNED: December 8,2010
PASSED: 5/3
REJECTED:
OPPOSED:
Taylor, Solomon, Brown
ABSENT:
EFFECTIVE:
January 8, 2011
Sunsets April 30, 2012
ORDINANCE NO. 20467
AN ORDINANCE CONCERNING THE DOWNTOWN PUBLIC SAFETY
ZONE; AMENDING SECTIONS 4.874, 4.875 AND 4.876 OF THE
EUGENE CODE, 1971; AND PROVIDING A SUNSET DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . Section 4.874 of the Eugene Code, 1971, is amended to provide as
follows:
4.874 Downtown Public Safety Zone - Civil Exclusion.
(1) The municipal court may exclude a person pursuant to subsections (
( 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 163.160, ORS 163.165, ORS 163.175, ORS 163.185, ORS
163.190, ORS 163.275, ORS 163.355, ORS 163.365, ORS 163.375,
ORS 163.385, ORS 163.395, ORS 163.405, ORS 163.408, ORS
163.411 ORS 163.415, ORS 163.425, ORS 163.427, ORS 163.435,
ORS 163.575, ORS 164.345, ORS 164.354, ORS 164.365, ORS
166.065, ORS 166.155, ORS 166.165, ORS 167.012, ORS 167.017,
ORS 167.262, ORS 167.808, ORS 471.475, 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 4.822 4.882 4.887 4.888, 4.930, and
4.977, of this code, and for violation of any of the provisions of ORS
163.160, ORS 163.165, ORS 163.175, ORS 163.185, ORS 163.190,
ORS 163.195, ORS 163.275, ORS 163.355, ORS 163.365, ORS
163.375 ORS 163.385, ORS 163.395, ORS 163.405, ORS 163.408,
ORS 163.411 ORS 163.415, ORS 163.425, ORS 163.427, ORS
163.435, ORS 163.465, ORS 163.575, ORS 164.043, ORS 164.045,
ORS 164.055, ORS 164.125, ORS 164.245, ORS 164.255, ORS
1 64.265, ORS 164.272, ORS 164.345, ORS 164.354, ORS 164.365,
ORS 164.395, ORS 164.405, ORS 164.415, ORS 166.025, ORS
166.065, ORS 166.115, ORS 166.155, ORS 166.165, ORS 166.170
ORS 166.220, ORS 166.240, ORS 166.250, ORS 167.012, ORS
167.017 167.262 ORS 167.808, ORS 471.430, 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
Ordinance - Page 1 of 4
Section 2 . Section 4.875 of the Eugene Code, 1971, is amended to provide as
follows:
4.875 Downtown Public Safetv 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 4.574 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 witl ~iin 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
Ordinance - Page 2 of 4
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;
(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 (4)(a) - (f) of this
section may only travel directly to and from the purposes enumerated in
subsections (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.
Section 2 . Section 4.875 of the Eugene Code, 1971, is amended to provide as
follows:
4.875 Downtown Public Safetv 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 4.574 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 witl ~iin 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
Ordinance - Page 2 of 4
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
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;"
M A statement that the person has the right to utilize the city's advocacy
program, at no expense to the person, and a statement providing
advocate contact information;
(g) A statement that the person has the right to be represented by an
attorney, at the person's own expense, at the hearing.
(h) 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;
A map showing boundaries of the downtown public safety zone; and
A brief description of the reasons for which the court may grant a
variance and the procedure for requesting a variance.
Section 3 . Subsection (1) of Section 4.875 of the Eugene Code, 1971, is
amended to provide as follows:
4.875 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. 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 1 2:01 a.m. the next day.
Ordinance - Page 3 of 4
Section 4 . 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 5 . Unless otherwise extended by the City Council, Sections 4.873, 4.874,
4.875, 4.875, 4.877, 4.878 and 4.879 of the Eugene Code, 1971, and the amendments
made by this Ordinance, as well as the amendment made to Section 4.990 of the Code
by Ordinance No. 20419, shall automatically sunset and be repealed on April 30, 2012.
The City Recorder is requested to note this sunset date on appropriate City logs.
Passed by the City Council this
S day of December, 2010.
City ecorder
Approved by the Mayor this
8th day of December, 2010.
�e6 I t
A aYor
Ordinance - Page 4 of 4