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HomeMy WebLinkAboutOrdinance No. 20308 COUNCIL ORDINANCE NUMBER 20308 COUNCIL BILL NUMBER 4864 AN ORDINANCE CONCERNING CRIMINAL TRESPASS AND INTERFERENCE WITH A FIREFIGHTER; AMENDING SECTIONS 4.805, 4.808 AND 4.990 OF THE EUGENE CODE, 1971; RENUMBERING SECTION 4.810 OF THAT CODE TO SECTION 4.812; ADDING SECTIONS 4.810 AND 4.941 TO THAT CODE; AND PROVIDING /~J~,l IMMEDIATE EFFECTIVE DATE ADOPTED: February 9, 2004 PASSED: 8~ REJECTED: OPPOSED: ABSENT: EFFECTIVE DATE: Immediately ORDINANCE NO. 20308 AN ORD]NANCE CONCERNING CRIMINAL TRESPASS AND ~NTERFERENCE W~TH A F~REFIGHTER; AMENDING SECTIONS 4.805, 4.808 AND 4.990 OF THE EUGENE CODE, 1971; RENUMBER~NG SECTION 4.810 OF THAT CODE TO SECTION 4.812; ADDING SECTIONS 4.810 AND 4.941 TO THAT CODE; AND PROViDiNG AN ~MMEDIATE EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The first paragraph of Section 4.805 of the Eugene Code, 1971, and the definition of "Enter or remain unlawfully" in that section are amended, and the definitions for "Coach," "inappropriate behavior," "Spectator," and "Sports official" are added to Section 4.805 of that Code, in alphabetical order, to provide: 4,805 Trespassinq - Definitions. As used in sections 4.806 to 4.810, except as the context requires otherwise: "Coach" means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event. "Enter or remain unlawfully" means: (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or the entrant is not otherwise licensed or privileged to do so; or (b) To fail to Heave premises that are open to the public after being lawfully directed to do so by the person in charge; or (c) To enter premises that are open to the public after being lawfully directed not to enter the premises. "inappropriate behavior" means: (a) Engaging in fighting or in violent, tumultuous or threatening behavior; (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event; (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or (d) Intentionally subjecting another person to offensive physical contact. Ordinance - 1 "Spectator" means any person, other than a team player or coach, who attends a sports event. "Sports official" means a person who: (a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and (b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating. Section 2. Section 4.808 of the Eugene Code, 1971, is amended as follows: 4.808 Criminal Trespass in the First Degree. (1) A person commits the crime of criminal trespass in the first degree if the person: (a) Enters or remains unlawfully in a dwelling; (b) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912 as provided by administrative rules adopted by the city manager under section 2.019 of this code; (c) Having been denied future entry to a building pursuant to a merchant's notice of t~espass, reenters the building during hours when the building is open to the public with the intent to commit theft therein; or' (d) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way,. (2) Subsection (1)(b) of this section does not apply to the owner of record of the premises if: (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises; (b) The owner enters or rernains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use. Section 3. Section 4.810 of the Eugene Code, 1971, is renumbered as Section 4.812, and a new Section 4.810 is added to that Code as follows: Ordinance - 2 4.8'10 Criminal Trespass at a Sports Event. (1) A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. (2) A person commits the crime of criminal trespass at a sports event if the person: (a) Is a coach, team player or spectator at a sports event; (b) Engages in inappropriale behavior; (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited. 4.812 Violatinq Privacy of Another. (1) No person, other than an officer performing a lawful duty, shall enter upon land or into a building used in whole or part as a dwelling not the person's own without permission of the owner or person entitled to possession thereof and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person. (2) No person shall knowingly make or record a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the person being recorded if, at the time the recording is being made or recorded, the person being recorded is in a place and circumstance where the person has a reasonable expectation of personal privacy. (3) No person shall, for the purpose of arousing or gratifying the sexual desire of the person, be in a location to observe another person in a state of nudity without the consent of the other person while the other person is in a place and circumstance where the person has a reasonable expectation of personal privacy. (4) Subsections (2) and (3) of this section shall not apply to: (a) Any legitimate medical procedure performed by or under direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limited to, the recording of medical procedures; and (b) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system, including but not O~inance- 3 limited to the operation and management of jails, prisons and other youth and adult corrections facilities. (5) As used in subsections (2), (3) and (4) of this section, the following terms and phrases mean: Make or record a photograph, motion picture, videotape or other visual recording. Includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording. Nudity. Means uncovered, or less than opaquely covered, post- pubescent human genitals, pubic areas or a post-pubescent human female breast below a point immediately above the top of the areola. Nudity includes a partial state of nudity. Place and circumstance where the person has a reasonable expectation of personal privacy. Includes, but is not limited to, a bathroom, dressing room, locker room that includes an area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view. Public view. Means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as that term is defined in Section 4.890 of this code. Section 4. Section 4.941 is added to the Eugene Code, 1971, to provide: 4.941 Interference with a Firefiqhter or Emer~qencv Medical Technician. (1) A person commits the crime of interfering with a firefighter or emergency medical technician if the person, knowing that another person is a firefighter or emergency medical technician, intentionally acts in a manner that prevents, or attempts to prevent, a firefighter or emergency medical technician from performing the lawful duties of the firefighter or emergency medical technician. (2) As used in this section, "emergency medical technician" means a person who has received formal training in prehospital and emergency care, and is state certified to attend any ill, injured or disabled person. Police officers, firefighters, funeral home employees and other personnel serving in a dual capacity one of which meets the definition of "emergency medical technician" are "emergency medical technicians" within the meaning of this section. Ordinance - 4 Section 5. Section 4.990 of the Eugene Code, 1971, is amended by renumbering Code section references from Section 4.810 to Section 4.812; and adding, in numerical order, penalties for violations of new Sections 4.810 and 4.941 of that Code, as follows: 4,990 Penalties - Specific. (1) Violation of the followinq sections is punishable by fine or confinement in jail, or b~th, up to the amounts indicated opposite each: Section Penalty 4.810 500 fine or 30 days in jail, or both 4.812(1) 500 fine or 100 days in jail, or both 4.812(2) and (3) 5,000 fine or one year in jail, or both 4.941 500 fine or 30 days in jail, or both Section 6. 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. The City Recorder is requested to forward a copy of this ordinance to the City's Municipal Court, Police Department and Prosecutor's office to ensure that they are notified of the Code changes and that Section 4.8113 of the Code has been renumbered to Section 4.812. Section 7. An immediate effective date is necessary so that the City can begin immediate implementation of amendments to the City's criminal code, which are being amended in accordance with revisions made to the Oregon Revised Statutes that have already gone into effect. Therefore, it is necessary for the preservation of the public health, welfare and safety for this Ordinance to have immediate effect. This Ordinance shall become effective immediately upon its passage by the City Council and approval by the Ordinance - 5 Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this day of February, :2004. 9th day of February, 2004. City Reborder l~&~fsr" / Ordinance - 6