HomeMy WebLinkAboutOrdinance No. 20497COUNCIL ORDINANCE NUMBER 20497
AN ORDINANCE EXTENDING THE SUNSET DATE FOR THE DOWNTOWN
PUBLIC SAFETY ZONE; AMENDING SECTIONS 4.874,_4.875 AND 4.876 OF
THE EUGENE CODE, 1971; PROVIDING FOR COURT - APPOINTED
ATTORNEYS; AND PROVIDING FOR AN EFFECTIVE DATE.
ADOPTED: October 8, 2012
SIGNED: October 10, 2012
PASSED: 5:4
REJECTED:
OPPOSED: Brown, Ortiz, Taylor, Zelenka
ABSENT:
EFFECTIVE: November 30, 2012
ORDINANCE NO. 20497
AN ORDINANCE EXTENDING THE SUNSET DATE FOR THE
DOWNTOWN PUBLIC SAFETY ZONE; AMENDING SECTIONS 4.874,
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
revise the list of offenses for which the Municipal Court may exclude persons for 90
days following arrest or citation; 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. Subsection (1) of 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 (1),
(3), or (4) of section 4.876 for violation of any of the provisions in
sections 4.110(2), 4.726, 4.729, 4.730, and 4.731 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 166.065, ORS
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166.155, ORS 166.165, ORS 167.012, ORS 167.017, ORS 167.262,
ORS 471.475, ORS 475.840, ORS 475.846 through ORS 475.854,
ORS 475.860, ORS 475.862, ORS 475.866 through ORS 475.894,
ORS 475.904, and ORS 475.906.
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 4.874 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;
(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 be represented by an
attorney at the hearing.
(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;
(h) A map showing boundaries of the downtown public safety zone; and
(i) 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 4.876 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
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for the show cause hearing, which shall be 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 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.
Section 5 . 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 6 . A database shall be created and maintained collecting the name and
charge for all persons arrested or cited in the Downtown Public Safety Zone. In
addition, where an exclusion order is requested by an officer, the database shall also
include the disposition of that exclusion request, including any dismissals by the City
before the exclusion request gets to Court.
Section 7 . 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, 2013. The City Recorder is
requested to note this sunset date on appropriate City logs.
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Section 8 . 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 9 . 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
8 day of October, 2012.
'&t� I-
City Recorder
Approved by the Mayor this
, day of October, 2012.
0 ayor
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