HomeMy WebLinkAboutOrdinance 5995 02/04/2002
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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
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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
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and Southerly along the said east bank of the Willamette River to
the point of beginning in Springfield, Lane County, Oregon.
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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.
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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
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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
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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:
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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
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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.
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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
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