HomeMy WebLinkAboutOrdinance 5996 02/04/2002
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ORDINANCE NUMBER 5996
AN ORDINANCE ADDING SECTION 5.150 THROUGH 5.158 OF THE SPRINGFIELD
MUNICIPAL CODE, ENTITLED "DRUG-FREE ZONE" AND DECLARING AN EMERGENCY.
WHEREAS, the City has determined that the concentration of illegal
drug 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 drug-arrest strategies have proven ineffective to
adequately control drug 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 arres~ed therein for drug 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 wer~ 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 th~
community in sblving the livability issues in these areas that
contribute to crime and fear of crime; and
WHEREAS, this Ordinance is intended to address certain societal
problems created by illegal drugs, including the problems of declining
property values and quality of life that occur in specific
neighborhoods that have a disproportionate number of drug crimes; and
WHEREAS, the designated drug-free zones have a significantly higher
incidence of conduct associated with trafficking in narcotics and drug
arrests than other areas in the city; and
WHEREAS, the City finds that people arrested for drug crimes
frequently resume their drug activities in the same location either
because it is lucrative or because it is attractive for promoting
illegal drug use; and
WHEREAS, the City has a compelling interest in restoring the quality
of life and protecting the health and safety of citizens using the
streets in the designated drug-free zones and in allowing citizens to
use facilities in the designated zones without interference arising
from drug activity; and
NOW THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
DRUG-FREE ZONE ORDINANCE
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Section 5.150. Desiqnation of Druq-FreeZones.
(1) Drug-free zones are those areas of the City designated
by the City Council, where, during the six months preceding its
'designation, the number of incidents where a person was arrested or
otherwise taken into custody for offenses listed in section
5.152(1) (a)-(i) of this code is significantly higher than that for
other similarly sized geographic areas of the city that are not
located within a drug-free zone.
(2) The City Council designation of an area as a drug-fre~
zone shall be done by ordinance and shall expire after a period of two
(2) years unless renewed by ordinance enacted by the City Council.
(3) The Springfield Chief. of Police is directed to report
to the City Council at least ninety (90) days before the end of the
two (2) year period, as to whether there is a need to re-authorize or
re-configure the drug-free zone enumerated in subsection four (4) of
this section.
(4) Until further amendment or re-configuration by ordinance
enacted by the City Council, the drug-free zone is designat~d as:
THE AREA GENERALLY FROM THE WILLAMETTE RIVER EAST ON SOUTH A
STREET TO 15TH STREET, THEN NORTH TO E STREET, THEN WEST TO
THE WILLAMETTE RIVER, FURTHER SPECIFICALLY DESCRIBED AS:
Beginning at the intersection of the east bank of the Willamette
River and the southerly right-of-way line of South "An 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 "An 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-of-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 "En Street; thence
Westerly along the northerly right-of-way line of "En 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 "On Street; thence
Westerly along the northerly right-of-way line of West "D Street
to a point that is 700 feet westerly of the west right-of-way
line of Riverview ~oulevard; thence leaving the northerly right-
of-way line of West "on Street and run South to the
aforementioned east bank of the Willamette River; thence Easterly
and Southerly along the said east bank of the Willamette River to
the point of beginning in Springfield, Lane County, Oregon.
Section 5.152. 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
drug-free zones designated pursuant to section 5.150 of this code if
the person has been arrested based upon probable cause within any
DRUG-FREE ZONE ORDINANCE
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drug-free zone for any drug related activities including the following
offenses, unless the offense was committed entirely within a private
residence:
(a) Attempt to unlawfully possess a controlled substance
in violation of ~ection 5.104 of this code or ORS 161.405;
(b) Criminal solicitation to unlawfully possess a
controlled substance, in violation of section 5.104 of this
code or ORS 161.435;
(c) Criminal conspiracy to unlawfully possess a controlled
substance, in violation of section 5.104 of this code or ORS
161.450;
(d) Unlawful' possession of a controlled substance, in
violation of section 5.104 of this code or ORS 475.992 other
than possession of less than an ounce of marijuana (ORS
475.992 (4) (f);
(e) Criminal conspiracy to unlawfully deliver a controlled
substance, in violation of section 5.104 of this code or ORS
161.450;
(f) Unlawful delivery of a controlled substance, in
violation of section 5.104 of this code or ORS 475.992;
(g) Attempt to unlawfully deliver an imitation controlled
substance, in violation of section 5.104 of this code or ORS
161.405;
(h) Crimina~ conspiracy to unlawfully deliver an imitation
controlled substance, in violation of section 5.104 of this
code or ORS 161.450;
(i) Unlawful delivery of an imitation controlled substance,
in violation of section 5.104 of this code or ORS 475.991.
(2) The municipal court shall exclude a person for ~
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
drug-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 drug-free zone. The period of exclusion shall
take effect upon the date of conviction for any of the offenses listed
in ~(1) (a) - (i).
(3) Except as allowed under section 5.158 of this code, a
person excluded under authority of this section may not enter any
drug-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 on a Lane Transit District vehicle or
wait for a Lane Transit District vehicle; or
(f) Travel to and from the person's residence, if the
residence is in the drug-free zone.
(g) Travel to and from Springfield City Hall, Springfield
Utility Board offices, the US Post Office, Springfield
Municipal Courthouse, Lane Justice Court, Springfield Police
Department.
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(4) While in a drug-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 drug-free zone in
violation of the exclusion during the exclusion period, that person is
subject to irmnediate arrest for criminal trespass in the second degree
pursuant to ORS 164.245.
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Section 5.154. 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 5.152(1) (a)-(i) 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 ~how cause why the person should not be excluded from
all drug-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
drug-related offense for which the person was arrested or
cited, the person will be excluded from all drug-free zones
in the city for an additional period of one year;
(g) A map showing the drug-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"156. Exclusion Orders-Procedure.
(1) At the date and time set forth in the Notice described
in section 5.154 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
cormnitted an offense enumerated in section 5.152 (1) (a) - (i)
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 drug-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
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opportunity to show cause why the person should not be excluded from
the drug-free zone or should be granted a variance as provided in
section 5.158 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 5.152(1) (a) - (i) of this code, the court shall
enter an order excluding the person from the drug-free zone for a
period of ninety (90) calendar days.
(4) If the person does not appear at the show cause
hearing, the court shall enter an order of exclusion as described in
subsection (1) (b) of this section.
, (5) Upon receipt of reliable information that a person has
been convicted of an offense enumerated in section 5.152(1) (a) -(i) of
this code and that the conduct supporting the conviction occurred in a
drug-free zone the municipal court shall enter an order excluding the
person from the drug-free zone for one year. The person shall be
informed of the exclusion order by first-class mail sent to the
person's last-known address. The excluded person may request a
hearing on the exclusion. The only issues at such hearing shall be
whether the person was convicted of an offense enumerated in section
5.152(1) (a) - (i) of this code and whether the conduct supporting the
conviction occurred iR a drug-free zone. A certified copy of the
conviction shall be conclusive evidence of the conviction.
(6) A person subject to an exclusion order under
subsection (1), (3), (4), or (.5) of this section may apply for a
variance pursuant to section 5.158 of this code.
Section 5.158. 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 drug-free zone
according to the terms of the variance. The variance must be carried
on the person while in a drug-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 drug-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 drug-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 drug-free zone In accordance with
the terms of the variance if the excluded person certifies:
1. That the person lived in a drug-free zone, other
than transient occupancy in a hotel or motel, when
excluded; and
2. Continues to live in the drug-free zone.
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A variance granted under this subsection allows travel only
within the drug-free zone within which the residence is
situated and only in 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 drug-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 drug-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 drug-free zone exclusion.
A variance granted under this subsection allows travel only
with~n the drug-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 drug-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
drug-free zone when excluded; and
b. Continues to be employed in the drug-free zone.
A variance granted under this subsection allows travel only
within the drug-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 drug-free
zone in accordance with the terms of the variance 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 drug-free zone.
A variance granted under this subsection allows travel only
within the drug-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 drug-free zone in accordance with the terms
of the variance if the excluded person certifies:
1. That the person is in need of social services in
a drug-free zone;
2. The social services are sought for reasons
relating to health or well-being of the excluded
person; and
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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 drug-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 drug-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 drug-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 drug-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 drug-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 drug-free
zone if the variance is granted.
A variance granted under this subsection allows travel only
within the drug-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 5.301 of this code in a drug-
free zone subsequent to the issuance of the variance;
or
3. Th~ circumstances giving rise to the issuarice 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
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
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person who has been granted a variance has violated its
terms or conditions may issue to the person a Notice 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
needs" 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, "travel" means the movemen~ on foot or within or
upon a vehicle within a drug-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
police" 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 Coun~il 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 ~ in favor ~ against.
Mayor of ~e City of Springfield this ~ day of
ATTE
City
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