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HomeMy WebLinkAboutItem 05 Amending Chronic Disorderly Property Prohibited Activities AGENDA ITEM SUMMARY Meeting Date: 5/20/2019 Meeting Type: Regular Meeting Staff Contact/Dept.: Kristina Kraaz/ City Attorney’s Office Staff Phone No: 541-744-4061 Estimated Time: 05 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: AN ORDINANCE AMENDING THE LIST OF “PROHIBITED ACTIVITIES” IN SECTION 5.700 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING ABATEMENT OF CHRONIC DISORDERLY PROPERTY ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE AMENDING THE LIST OF “PROHIBITED ACTIVITIES” IN SECTION 5.700 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING ABATEMENT OF CHRONIC DISORDERLY PROPERTY ISSUE STATEMENT: This Ordinance updates the list of “Prohibited Activities” that may result in a property being designated as a chronic disorderly property in SMC 5.700, to include changes in state criminal laws since the code section was first adopted. ATTACHMENTS: Attachment 1: Ordinance DISCUSSION/ FINANCIAL IMPACT: Springfield Municipal Code sections 5.700 through 5.714 allow the City to abate property that becomes chronic disorderly property. A property is “chronic disorderly” if three or more “prohibited activities” occur within a 60-day period. “Prohibited activities” are a specific list of crimes and violations. The references to state statutes in list of “prohibited activities” have not been updated since they were first adopted in 1997 and are outdated. The proposed ordinance updates the list of “prohibited activities” to be consistent with current state statutes. The ordinance adds statutory references for the crimes of strangulation and private indecency, which were new crimes added by the legislature after 1997. It also updates references to sexual offenses that are “prohibited activities” to include the most serious crimes of this type, which were previously omitted. Finally, the ordinance updates the statutory references for controlled substance crimes, which were renumbered and rewritten by the legislature in 2011. CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE AMENDING THE LIST OF “PROHIBITED ACTIVITIES” IN SECTION 5.700 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING ABATEMENT OF CHRONIC DISORDERLY PROPERTY WHEREAS, chronic disorderly activity of various kinds on and near affected residential property adversely affects the health, safety, and welfare of citizens and diminishes the quality of life in residential neighborhoods in the City where chronic disorderly activity occurs; WHEREAS, chronic disorderly activity constitutes a public nuisance that should be subject to abatement; WHEREAS, the City has a substantial and compelling interest in protecting the health, safety, and welfare of its citizens and the residential neighborhoods affected by chronic disorderly activity; and WHEREAS, it is in the public interest to update the list of prohibited activities that can result in a property being designated as chronic disorderly, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. “Prohibited Activities” subsections (1) through (19) of Section 5.700 “Definitions” are hereby amended to read: Prohibited Activities. (1) Harassment as provided in ORS 166.065(1)(a). (2) Intimidation as provided in ORS 166.155 to 166.165. (3) Disorderly conduct as provided in ORS 166.025. (4) Assault, strangulation, or menacing as provided in ORS 163.160, ORS 163.165, ORS 163.175, ORS 163.185, ORS 163.187, or ORS 163.190. (5) Sexual offenses as provided in ORS 163.355 through ORS 163.411, ORS 163.413, ORS 163.415, ORS 163.425, ORS 163.427, ORS 163.435, or ORS 163.445. (6) Public or private indecency as provided in ORS 163.465 or ORS 163.467. (7) Prostitution or related offenses as provided in ORS 167.007, ORS 167.008, ORS 167.012, or ORS 167.017. (8) Alcoholic liquor violations as provided in ORS 471.105 to 471.482. (9) Offensive littering as provided in ORS 164.805. (10) Criminal trespass as provided in ORS 164.243, 164.245, 164.255, or 164.265. (11) Theft as provided in ORS 164.015 to 164.140. (12) Possession, manufacture, or delivery of a controlled substance or related offenses as provided in ORS 475.752 to 475.980. (13) Illegal gambling as provided in ORS 167.122 or ORS 167.127. (14) Criminal mischief as provided in ORS 164.345 to 164.365. (15) Property which, in addition to or in combination with the prescribed number and duration of prohibited activities, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 475.752 to 475.980 have occurred. (16) Violations as provided in SMC section 5.404, Number of Dogs Permitted – Residential Lots; section 5.418, Dogs and Other Animals At Large Prohibited; section 5.420, Attachment 1, Page 1 of 2 Barking Dogs/Continuous Annoyance; section 5.450, Dangerous Animals; section 5.456, Vicious Dogs. (17) Discharge of firearms as provided in SMC section 5.118. (18) Frequenting a place where controlled substances are used as provided in ORS 167.222. (19) Noise violations as provided in SMC section 5.220. Section 2. Savings Clause. Except as specifically amended herein, Section 5.700 shall continue in full force and effect. Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the Common Council of the City of Springfield this ________ day of __________, 2019, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ________ day of __________, 2019. __________________________ Mayor ATTEST: __________________________ City Recorder Attachment 1, Page 2 of 2