HomeMy WebLinkAbout3066 AMC 10 Persistent Violation & Failure to Appear
ORDINANCE NO.'7D(PlD
AN ORDINANCE AMENDING AMC CHAPTER 10 PUBLIC PEACE,
MORALS, AND SAFETY BY ADDING SECTIONS 10.120 "PERSISTENT
VIOLATION" AND 10.125 "PERSISTENT FAILURE TO APPEAR"
Annotated to show dolesisng and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, residents, visitors and business owners have, with increasing frequency and
urgency, expressed concern to City elected officials and staff about a growing number of
incidents of unlawful behavior in the City's downtown area;
WHEREAS, a small number of persons appear from Police Department records to be
responsible for a significant percentage of low level crimes and violations in the City's
downtown area;
WHEREAS, the downtown area affords opportunities for unlawful activity by those willing to
disregard certain Oregon statutes and City ordinances and enables such persons to associate with
others who may be willing to engage in petty crimes or ordinance violations;
WHEREAS, even repeat violators of statutes and ordinances regulating conduct, frequently can
evade judicial sentencing through failing to appear in court, ignoring court-imposed fines or
being released from overcrowded County jail facilities; and
WHEREAS, even persistent violators have been found to curb their unlawful behaviors in order
to retain the privilege of visiting favored areas in the City.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10 Public Peace, Morals, and Safety of the Ashland Municipal Code is
hereby amended by adding the following Sections as follows:
Ordinance No. _ Page I of 5
10.120 Persistent Violation.
AMC 10.120.010 -Enhanced Law Enforcement Area and Persistent Violation,
Misdemeanor.
A. It is the intent of the City Council to protect discrete areas within the City
that are experiencing increased unlawful activity against becoming an
attraction for more such activity and to protect the public against health and
welfare hazards posed by persons who are attracted to these areas for
opportunity to engage in or to contact others to engage in unlawful activity.
B. The City Council finds that the following geographic areas within the
City are particularly affected by unlawful behavior and/or are subject to a
disproportionate number of incidents of the unlawful activities comprising
_ persistent violation as defined in AMC 10.120.020 below, and declares each
such area to be an enhanced law enforcement area:
1) Downtown Enhanced Law Enforcement Area - Exhibit A.
AMC 10.120.020 A person commits the crime of persistent violation if:
A. The person is convicted in Ashland Municipal Court for any
combination of the following crimes or violations occurring in separate
incidents within a six month period within an enhanced law enforcement
area:
(1) Three (3) or more Class A. B or C felonies or Class A or B
misdemeanors;
(2) Two (2) Class A, B or C felonies or Class A, B, or C misdemeanors
plus one (1) or more violations of the ordinances set forth in (4) below;
(3) Three (3) or more Class C misdemeanors; or
(4) Three (3) or more violations of any of the following ordinances:
a. AMC 9.08.110--Scattering Rubbish;
b. AMC 9.08.170--Unnecessary noise;
c. AMC 9.16.110--Dogs-Control Required;
d. AMC 10.40.030--Consumption of Alcohol in Public; or
e. AMC 10.40.040--Open Container of Alcohol in Public.
AA4C- 10.46.020 Prohibked
B. The person knowingly enters an enhanced law enforcement area in
violation of a Municipal Court expulsion order as a term of the person's
probation or a court expulsion order pursuant to AMC 10.125.010, et sec.
of summons or eitations for- three separate 01tepd-ents w4hing p. Ax-,(&)~~
ver-iod fe- those eombination of those er-imes and/or- violations prov-ded in
♦ MG 1.120.-04W.
rc~cOrdinance No. Page 2 of 5
AMC 10.120.030 Mandatory Arrest.
A. When a peace officer has probable cause to believe that a person has
committed the crime of persistent violation, the officer shall arrest and take
into custody the alleged violator.
AMC 10.120.040 Misdemeanor Classification: Presumptive Penalty.
A. Persistent Violation is a Class B Misdemeanor.
B. Unless there is reasonable cause to order otherwise, upon a finding that
any offense supporting a conviction for persistent violation occurred within
an enhanced law enforcement area, in addition to any other appropriate
conditions of probation, the Court shall expel the person from an enhanced
law enforcement area defined in AMC 120.020.010B for a period not less
than three (3) months or more than one (1) year, unless the court finds it
necessary to:
a. Specifically address the remedy for the violation; and/or
b. Allow the person to travel to and from the person's place of employment,
educational facility, City offices, physical or mental health treatment
facility, or other areas that the court deems materially related to the
person's crimes or violations, the needs of the person, or the protection of
the public.
SECTION 2. Chapter 10 Public Peace, Morals, and Safety of the Ashland Municipal Code is
hereby further amended by adding the following Sections:
AMC 10.125.010 Persistent Violation-Hy Failure to Appear, Citation; Form.
(1) Upon the city attorney's complaint of ver-sistent violation for failure to
appear under AW 10.'20 ORS 133.060 or 133.070, a law enforcement
officer shall issue a citation ordering the person to appear in Court within
three iudicial days or the next regularly scheduled Municipal Court hearing
date, whichever is later, and show cause why the Court should not enter a
Court's expulsion order when the officer has probable cause to believe that:
(a) The person has intentionally, knowingly or recklessly engaged in
repeated failure to appear in Court three (3) or more times within a
twelve (12) month period after receiving personal service of summons,
citation or release from the fail with an order or agreement for
appearance to respond to criminal or code violation citations
requiring a court appearance.
AMC 10.125.020 Effect of citation; contents; hearing; Court's order; use of
statements made at hearing.
(1)(a) A citation shall notify the respondent of a Municipal Court hearing
where the respondent shall appear at the place and time set forth in the
citation.
(2)(a) The hearing shall be held as indicated in the citation. At the hearing,
the respondent shall be given the opportunity to show cause for why a
Ordinance No. _ Page 3 of 5
Court's expulsion order should not be entered. The hearing may be
continued for up to 30 days. The Court may enter:
(A) A temporary expulsion order pending further proceedings; or
(B) A Court's expulsion order if the Court finds by a preponderance of
the evidence that:
(i) The person intentionally, knowingly or recklessly engages in
repeated failure to appear in Court three (3) or more times within a
twelve (12) month period after having received personal service of
summons, citation or been released from the *ail with an order or
agreement for appearance to respond to criminal or code violation
citations requiring a court appearance.
(b) In the order, the Court shall specify the conduct from which the
respondent is to refrain, which may include physical presence within an
enhanced law enforcement area defined in AMC 120.020.010B or other area
of the City of Ashland the court deems materially related to the person's
crimes or violations or the protection of the public except to:
(A) Specifically address the remedy for the violation; and/or
(B) Travel to and from the person's place of employment, educational
facility, public offices, physical or mental health treatment facility, or
other areas that the court deems materially related to the person's
crimes or violations, the needs of the person, or the protection of the
public.
(3) The order is of unlimited duration unless limited by law, but not to exceed
one year.
(4) If the respondent fails to appear at the time, date and place specified in
the citation, the Municipal Court shall issue a warrant of arrest as provided
in ORS 133.110 in order to ensure the appearance of the respondent at Court
and shall enter a Court expulsion order, unless the Court finds there is
reasonable cause to do otherwise.
(5) Except for purposes of impeachment, a statement made by the respondent
at a hearing under this section may not be used as evidence in a prosecution
for persistent violation as defined in AMC 10.120.020 or for violating a
Court's expulsion order as defined therein.
AMC 10.125.030 Service of expulsion order; entry of order into APD data systems.
(1) Service of a Court's expulsion order shall be made by personal delivery of
a copy of the order to the respondent except in the instance when the Court
indicates that the respondent appeared in person before the Court.
(2) Whenever an expulsion order, as authorized by AMC 10.125, is served on
a respondent, the person serving the order shall immediately deliver to the
city attorney a true copy of the affidavit of proof of service, on which it is
stated that personal service of the order was made on the respondent, and a
copy of the order. If service of the order is not required pursuant to
subsection (1) of this section, the Court shall deliver a copy of the order to the
APD. Upon receipt of a copy of the order and notice of completion of any
required service by a member of a law enforcement agency, the APD shall
Ordinance No. Page 4 of 5
immediately enter the order into a reliable database, maintained on a daily
basis and accessible to APD law enforcement personnel at anytime.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance.
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the S day of 2012,
3=D and M;day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this -P6 day of, 2012.
Jahn S mberg, Mayor G`
Revie ed as to form:
KJ C_
avid H. Lohman, City Attorney
Ordinance No. _ Page 5 of 5
EXHIBIT "A" - AMC 10.120.010B1
//s
CITY OF
4
w ILI -AS H LAN D
Downtown Enhanced
r ® Law Enforcement Area - Exhibit A
j
\ co~
A
i % City....... a
Hall Post
/ offic
f 46,
OSF
C Sp
S n W
S rinds
J' P i T
q ; L7thia ar g
Park
w ~ I
o`
V, 51 E MAIN ST
~eCP~ 4, ~irp
~ Q
W E
S