HomeMy WebLinkAboutItem 5: Ordinance Extending the Sunset Date for the Downtown Public Safety Zone
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Extending the Sunset Date for the Downtown Public Safety Zone;
Amending Sections 4.875 and 4.876 of the Eugene Code, 1971; Providing for Court-
Appointed Attorneys; and Providing for an Effective Date
Meeting Date: October 8, 2012 Agenda Item Number: 5
Department: Eugene Police Staff Contact: Pete Kerns, Chief of Police
www.eugene-or.gov Contact Telephone Number: 541-682-5102
ISSUE STATEMENT
The Downtown Public Safety Zone is scheduled to sunset November 30, 2012. This proposed ordinance
will extend the Downtown Public Safety Zone until November 30, 2014, and provide court-appointed
attorneys upon request by defendants receiving a notice to show cause.
BACKGROUND
The City Council adopted the Downtown Public Safety Zone (DPSZ) in August 2008. Most recently, the
City Council extended the ordinance until November 30, 2012. The 12-Point Downtown Safety
Improvement Plan was adopted by the City Council in January 2010. Inherent in the recommendation was
the understanding that the lack of jail beds as a sanction remains a critical component to the persistent
problems occurring downtown. The civil exclusion process is a tool to offset the lack of jail sanctions, to
create an alternative to incarceration for chronic violators, and to improve the safety in the downtown core.
As long as there is inadequate jail bed capacity to meet the demand, the Downtown Public Safety Zone has
functioned as a stop-gap measure, to hold offenders accountable, and reduce the number of re-offenders in
the downtown core. Other services to support individuals in crisis like CAHOOTS and youth services are
also critical to improving safety downtown.
A work session was held September 10, and a public hearing held on September 17, 2012. Testimony was
received in support and opposition to the Downtown Public Safety Zone.
Analysis Available
Since the last council discussion about the Downtown Public Safety Zone, staff has implemented several
measures to improve timely and thorough access to increased analysis for all new cases since March,
including information from Municipal Courts about the disposition of the case. Additionally, staff has
hand-tabulated this information back to January 1, 2012. Moving forward, these new reports will continue
to be created and distributed to the City Council.
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Eugene Downtown Public Safety Zone Analysis January 2012 through August 15, 2012
Information about Disposition
Total number of notices issued: 48
Number of notices withdrawn or never filed by EPD: 5
Number of notices dismissed: 15
Number of 90-day exclusions imposed: 22
Number of one-year exclusions imposed: 6
Information about Hearings & Advocacy
Number of hearings requested: 9
Number of those who request a hearing who appear for hearing: 7
Number of requests to meet advocate: 1
Information about People Receiving Notices
Number of people issued notices to appear: 42
Number who report no address: 25
Race (self-reported or officer-identified) - Caucasian: 37
Average number of police contacts per person: 63
Number who have violated DPSZ order: 11
During this period, there were 15 dismissals. Additionally, there were five notices that were withdrawn or
never filed at the request of the Police Department because, upon review, the cases were deemed
inconsistent with the new guidelines released by Operations Command (attached). Of the notices
dismissed, five were dismissed due to judicial discretion, four were dismissed because the underlying
charge was not eligible for the noticed exclusion, two were dismissed because the defendant was
sentenced to prison and four were dismissed because the appropriate paperwork was not received in a
timely manner by the Municipal Court.
One of the significant concerns raised is the low use of the advocacy program, established to help
defendants who have received a notice to appear. To increase the advocacy afforded to defendants, staff
recommend providing a court-appointed attorney upon request. The proposed ordinance reflects this
recommendation. EPD issues approximately 100 DPSZ-related citations per year. Providing a court-
appointed attorney to these defendants is estimated to cost approximately $15,000 per year. This would
increase defendants’ access to advocacy, and is intended to address the concern of due process.
RELATED CITY POLICIES
This topic relates to the Safe Community Vision: A community where people feel safe, valued and
welcome, and increased downtown development, as well as support for small and local businesses.
COUNCIL OPTIONS
There are several options the council may pursue.
1.Approve the ordinance, which would extend the Downtown Public Safety Zone for two years, and
provide court-appointed attorneys upon request.
2.Amend the ordinance.
3.Not approve the ordinance, which would result in the sunset of the Downtown Public Safety Zone to
sunset effective November 30, 2012.
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CITY MANAGER’S RECOMMENDATION
Approve the proposed ordinance, extending the Downtown Public Safety Zone for two years and provide
court-appointed attorneys upon request.
SUGGESTED MOTION
I move to adopt Council Bill 5077, extending the sunset date for the Downtown Public Safety Zone,
p
roviding for court-appointed attorneys; and providing for an effective date.
ATTACHMENTS
A.Guidelines for Use of Downtown Public Safety Zone
B.Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Lieutenant Sam Kamkar
Telephone: 541-682-5436
Staff E-Mail: sam.s.kamkar@ci.eugene.or.us
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ATTACHMENT A
Guidelines distributed to Eugene Police Officers
Subject: Guidelines for Application of the Downtown Public Safety
Zone Exclusions
MISSION/PURPOSE
The purpose of the Downtown Public Safety Zone (DPSZ) and our application of the ordinance is to
reduce crime and disorder, and the fear of crime downtown by excluding those individuals who engage in
repeated and/or serious criminal behaviors in downtown.
CONDITIONS IN WHICH OFFICERS SHOULD CONSIDER THE DPSZ EXCLUSION
1) Persons who engage in repeated criminal behavior in the DPSZ area.
2) Persons with extensive and/or serious criminal histories unrelated to downtown, but who commit a serious
or felony crime in the DPSZ area.
3) Persons who may not have any criminal history, but who engage in serious criminal acts such as; UDCS,
Felony Assault, Rape, etc.
REPORT WRITING
Officers should review the ordinance prior to requesting a DPSZ exclusion. Any time a DPSZ exclusion is
must
requested or recommended, the officer include a preamble under the AI/ marginal heading. The
preamble should include all pertinent facts as to why the requested exclusion is appropriate such as;
1) Type of crime.
2) Criminal history of the suspect (both inside and out of the DPSZ).
3) Special location or problems (chronic drug use in the parks, City sponsored event, or near a public school).
4) Gang affiliation.
5) Drug/alcohol abuse or mental health history.
6) Special status of victim or witness’ (age or disability).
7) Special knowledge of suspect (threats to LE, sex offender, etc.)
8)
Anything else that will aid the court in its decision
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ORDINANCE NO. ________
AN ORDINANCE EXTENDING THE SUNSET DATE FOR THE
DOWNTOWN PUBLIC SAFETY ZONE; AMENDING SECTIONS 4.875
AND 4.876 OF THE EUGENE CODE, 1971; PROVIDING FOR COURT-
APPOINTED ATTORNEYS; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Council of the City of Eugene finds as follows:
On February 27, 2012, Ordinance No. 20488 was adopted providing that Sections
4.873, 4.874, 4.875, 4.876, 4.877, 4.878 and 4.879 of the Eugene Code, 1971 (the
Downtown Public Safety Zone provisions), and the amendments made to Section 4.990
by Ordinance No. 20419, automatically sunset on November 30, 2012.The Council has
determined that the November 30, 2012 sunset date of the Downtown Public Safety
Zone provisions should be extended.In addition, amendments are being made to
provide for court-appointed attorneys and to amend the time within which the show
cause hearing must take place.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4.875 of the Eugene Code, 1971, is amended to provide as
follows:
4.875 Downtown Public Safety 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 4.874 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 within 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
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;
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(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;”
(f)
[ 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)
fA statement that the person has the right to be represented by an
attorney[, at the person’s own expense,] at the hearing.
(h)
g 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;
(i)
h A map showing boundaries of the downtown public safety zone; and
(j)
i A brief description of the reasons for which the court may grant a
variance and the procedure for requesting a variance.
Section 2.
Subsection (1) of Section 4.876 of the Eugene Code, 1971, is
amended to provide as follows:
4.876 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] within 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 12:01 a.m.
the next day.
Section 3.
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,
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or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Section 4.
At the request of a person who received a notice to show cause, the
City shall appoint an attorney to represent the person at the show cause hearing
described in Section 4.876 of the Eugene Code, 1971.
Section 5.
The sunset date of Sections 4.873, 4.874, 4.875, 4.876, 4.877, 4.878
and 4.879 of the Eugene Code, 1971, and the amendments made to Section 4.990 by
Ordinance No. 20419, is hereby extended to November 30, 2014. The City Recorder is
requested to note this sunset date on appropriate City logs.
Section 6
. Notwithstanding Section 5 of this Ordinance, any enforcement actions
commenced to enforce the downtown public safety zone provisions prior to the sunset
date may continue to be pursued, and the provisions related to such enforcement
actions shall remain in effect with respect to those actions.
Section 7
. Notwithstanding the effective date of ordinances as provided in the
Eugene Charter of 2002, this Ordinance shall become effective on November 30, 2012.
Passed by the City Council this Approved by the Mayor this
_____ day of October, 2012. _____ day of October, 2012.
City Recorder Mayor
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