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HomeMy WebLinkAboutOrdinance 5995 02/04/2002 . . . ORDINANCE NUMBER ,qq, AN ORDINANCE ADDING SECTION 5.140 through 5.148 OF THE SPRINGFIELD MUNICIPAL CODE, ENTITLED "PROSTITUTION-FREE ZONE" AND DECLARING AN EMERGENCY. WHEREAS, the City has determined that the concentration of prostitution activity in particular areas contributes to the degradation of those areas and adversely affects the overall quality of life for the areas' residents and businesses; and WHEREAS, traditional prostitution-arrest strategies have proven ineffective to adequately control prostitution activity in these areas; and WHEREAS, the City's health and safety would best be served by temporarily excluding from disproportionately impacted areas those persons who are arrested therein for prostitution offenses; and WHEREAS, the city has insufficient resources to hire more police for more patrols and insufficient jail space to house the defendants if they were sentenced to proposed harsher sentences; and WHEREAS, the police department budget is inadequate in terms of personnel, overtime, and external material and services to provide the police department the ability to make further inroads into the community in solving the livability issues in these areas that contribute to crime and fear of crime; and WHEREAS, this Ordinance in intended to address certain societal problems created by prostitution, including the problems of declining property values and quality of life that occur in specific neighborhoods that have a disproportionate number of prostitution crimes; and WHEREAS, the designated prostitution-free zones have a significantly higher incidence of prostitution arrests than other areas in the city; and WHEREAS, the City finds that people arrested for prostitution crimes frequently resume their prostitution activities in the same location either because it is lucrative or because it is attractive for promoting prostitution; and WHEREAS, the City has a compelling interest in restoring the quality of life and protecting the health and safety of citizens using the public streets in the designated prostitution-free zones and in PROSTITUTION-FREE ZONE ORDINANCE Page 1 . . allowing citizens to use facilities in the designated zones without interference arising from prostitution activity; and NOW THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Beginning at the intersection of the east bank of the Willamette River and the southerly right-of-way line of South "A" Street in Section 35, Township 17 South, Range 3 West of the Willamette Meridian and running thence Easterly along the southerly right- of-way line of South "A" Street to the easterly right-of-way line of South 15th Street; thence Northerly along the easterly right- of-way line of South 15th Street to the southerly right-of-way line of Main Street; thence Easterly along the southerly right- of-way line of Main Street to a point on the southerly extension of the east right-~f-way line of 16th Street; thence Northerly said extension and along the easterly right-of-way line of 16th Street to the northerly right-of-way line of "E" Street; thence Westerly along the northerly right-of-way line of "E" Street to the westerly right-of-way line of Kelly Boulevard; thence Southerly along the westerly right-of-way line of Kelly Boulevard to the northerly right~of-way line of West "0" Street; thence Westerly along the northerly right-of-way line of West "0 Street to a point that is 700 feet westerly of the west right-of-way line of Riverview Boulevard; thence leaving the northerly right- of-way line of West "0" Street and run South to the aforementioned east bank of the Willamette River; thence Easterly PROSTITUTION-FREE ZONE ORDINANCE Page 2 . and Southerly along the said east bank of the Willamette River to the point of beginning in Springfield, Lane County, Oregon. . Section 5.142. Civil Exclusion. (1) The municipal court shall exclude a person for a period of ninety (90) days from the public streets, alleys, sidewalks and other premises open to the public as defined in ORS 801.400 in all prostitution-free zones designated pursuant to section 5.300 of this code if the person has been arrested based upon probable cause within any prostitution-free zone for any prostitution related activities including the following offenses, unless the offense was committed entirely within a private residence: (a) Prostitution, in violation of Springfield Municipal Code ("SMC") S5.104 or ORS 167.007; (b) Promoting prostitution, in violation of SMC S5.104 or ORS 167.012; (c) Compelling prostitution, in violation of SMC S5.104 or ORS 167.017; (d) Attempts as defined in SMC S5.104 or ORS 161.405 to commit the crimes listed in subsections (a), (b) and (c) above. (2) The municipal court shall exclude a person for a period of one (1) year from the public streets, alleys, sidewalks and other premises open to the public as defined in ORS 801.400 in all the prostitution-free zones if the person is convicted of any of the offenses enumerated in subsection (1) of this section if that. offense was committed within any prostitution-free zone. The period of exclusion shall take effect upon the date of conviction for any of the offenses listed in section (1). (3) Except as allowed under section 5.148 of this code, a person excluded under authority of this section may not enter any prostitution-free 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; (d) Contact criminal justice personnel at a criminal justice facility; (e) Travel through a prostitution-free zone on a Lane Transit District vehicle; (f) Travel to and from the person's residence, if the residence is in the prostitution-free zone; or g) Travel to and from Springfield City Hall, Springfield Utility board, US Post Office, Springfield Municipal Courthouse, Lane Justice Court, Springfield Police Department. (4) While in a prostitution-free zone, a person who is otherwise excluded may only travel directly to and from the obligations enumerated in (3) (a)-(g) of this section. (5) If an excluded person is in any prostitution-free zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245. . PROSTITUTION-FREE ZONE ORDINANCE Page 3 . . . Section 5.144. Issuance of Notice to Show Cause: When a peace officer arrests a person or issues a citation for any of the offenses enumerated in section 5.142(1) (a)-(d) 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 all prostitution-free zones. The Notice shall contain: (a) The date, time and place the person is to appear; (b) The name of the 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 will enter an order excluding you for ninety days from the parts of the City shown on the attached map;" (f) A statement that, if the person is convicted of the prostitution-related offense for which the person was arrested or cited, the person will be excluded from all prostitution-free zones in the city for an additional period of one year; (g) A map showing the prostitution-free zones; and (h) A brief description of the reasons for which the court may grant a variance and the procedure for requesting a variance. Section 5.146. Exclusion Orders-Procedure. (1) At the date and time set forth in the Notice described in section 5.144 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 Notice was issued. (a) The court may impose a temporary exclusion order, to be in effect only until the show cause hearing, if, based on a police report or an affidavit from a witness and after considering any response by the person, it appears to the court that there is probable cause to believe the person committed an offense enumerated in section 5.142(1) (a) - (d) of this code. (b) If the person does not appear, the court shall not schedule a show cause hearing and shall enter an order excluding the person from the prostitution-free zone for a period of ninety (90) days, effective at 12:01 a.m. the next' day. (2) At the show cause hearing, the person shall have the opportunity to show cause why the person should not be excluded from the prostitution-free zone or should be granted a variance as provided in section 5.304 of this code. (3) If the court finds at the show cause hearing that there is probable cause to believe the person committed an offense enumerated in section 5.142(1) (a) - (d) of this code, the court shall PROSTITUTION-FREE ZONE ORDINANCE Page 4 . . . Section 5.148. Variances. (1) Variances shall be granted, denied or revoked in accordance with this section. All variances shall be in writing, for a specific period and only to accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow only travel to and from locations within a prostitution-free zone according to the terms of the variance. The variance must be carried on the person while in a prostitution~free zone in order to be effective and must be presented to a police officer upon request. In the event a person having a variance is found in a prostitution-free zone in violation of the terms of the variance, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245. (a) General Variance. The court may for any reason grant a -variance from an exclusion at any time during an exclusion period. A variance granted under this subsection allows travel only within the prostitution-free zone specified in the variance, and only according to the terms specified in the variance. (b) Residential Variance. The court shall grant a residential variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies: 1. That the person lived in a prostitution-free zone, other than transient occupancy in a hotel or motel, when excluded; and 2. Continues to live in the prostitution-free zone. A variance granted under this subsection allows travel only within the prostitution-free zone within which the residence PROSTITUTION-FREE ZONE ORDINANCE Page 5 . is situated and only ln accordance with the terms of the variance. (c) Essential Needs Variance. The court may grant an essential needs variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies: 1. That the excluded person possesses a residential variance; 2. That the excluded person must access a public or private place within a prostitution-free zone that provides an essential need; and 3. That the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the prostitution-free zone exclusion. A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person resides and only in accordance with the terms of the variance. (d) Emplovment Variance. 1. The court shall grant an employment variance from an exclusion to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies: a. That the person was an owner, principal, agent or employee of a place of lawful employment located in a prostitution-free zone when excluded; and b. Continues to be employed in the prostitution-free zone. A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person works and only in accordance with the terms of the variance. 2. The court may grant an employment variance to an excluded person to allow travel within a prostitution- free zone in accordance with the terms of the varianc~ if the excluded person certifies: a. That the person is an owner, principal, agent or employee of a place of lawful employment; and b.. The excluded person will be required to perform employment-related services in a prostitution-free zone. A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person works and only in accordance with the terms of the variance. (e) Social Services Variance. The court may grant a social services variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies: . . PROSTITUTION-FREE ZONE ORDINANCE Page 6 . 1. That the person is in need of social services in a prostitution-free zone; 2. The social services are sought for reasons relating to health or well-being of the excluded person; and 3. The social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients. A variance granted under this subsection allows travel only within the prostitution-free zone in which the social services agency is located and only in accordance with the terms of the variance. (f) Educational Variance. 1. The court shall grant an educational variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies: a. That the person was enrolled as a student at an educational facility located within a prostitution- free zone when excluded; and b. Is currently enrolled as a student at the same educational facility. A variance granted under this subsection allows travel only within the prostitution-free zone in which the educational facility is located and only in accordance with the terms of the variance. 2. The court may grant an educational variance to an excluded person to allow travel within a prostitution- ~free zone in accordance with the terms of the variance if the excluded person certifies that the person will be enrolled at an educational facility within a prostitution-free zone if the variance is granted. A variance granted under this subsection allows travel only within the prostitution-free zone in which the educational facility is located and only in accordance with the terms of the variance. (2) Revocation of Variances. Variances may be revoked in accordance with the following provisions: (a) The grounds for revocation of any variance other than a residential variance are as follows: 1. The applicant provided false information in order to obtain the variance; 2. The person is arrested for any of the offenses enumerated in section 2 of this code in a prostitution-free zone subsequent to the issuance of the variance; or ' 3. The circumstances giving rise to the issuance of the variance no longer support a continuation of the variance. (b) Residential Variance Exception: A residential variance may be revoked only: 1. If the applicant provided false residential information in order to obtain the variance; or . . PROSTITUTION-FREE ZONE ORDINANCE Page 7 . . . 2. If the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance. (3) Revocation Procedure. (a) A peace officer who has probable cause to believe a person who has been granted a variance has violated its terms or conditions may issue to the person a Noti,ce to Show Cause that requires the person to appear at Municipal Court at a specified date and time, at which time the court will set a date and time for a show cause hearing. . (b) If the person fails to appear at the time and date specified in the Notice, the court shall revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which time the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance. (4) Definitions. (a) Essential Needs: As used in this section, "essential needsH means food, physical care and medical attention for both physical and mental conditions. (b) Travel: As used in this section and section 5.304 of this code, "travelH means the movement on foot or within or upon a vehicle within a prostitution-free zone from one point to another without delay other than to obey traffic control devices. (c) Chief of Police: As used in this chapter, "chief of policeH means the city manager or the city manager's designee. . Emergency Clause. This ordinance is being enacted by the Council in the exercise of its police power and the Council having specifically found that the Springfield Municipal Code must be revised, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its adoption by the Council and on approval by the mayor. Adopted by the Common Council of the City of Springfield this 4th day of February , 2002 by a vote of -L in favor ~ against. Mayor oJ the City of Springfield this 4th day of . PROSTITUTION-FREE ZONE ORDINANCE Page 8