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HomeMy WebLinkAbout2016-0201 Documents Submitted at Meeting PUBLIC MISCONDUCT AND POTENTIALLY APPLICABLE LAWS 1 /27/ 16 RECENT LAWS NOTES COMPLAINTS ABOUT PUBLIC MISCONDUCT EXISTING STATUTES/ORDINANCES Threatening passersby ORS 166.025: Disorderly Conduct • "Threatening behavior" is physical • Specifically prohibits engaging in conduct which is immediately likely to "threatening behavior." result in use of physical force and which is intended to create or recklessly creates a risk of public inconvenience, annoyance or alarm. • 1984 Oregon Court of Appeals: "Threatening behavior" is not protected by the I st Amendment or Article I, section 8, of the Oregon Constitution, even if it is accompanied by constitutionally protected speech. Harassing passersby ORS 166.065: Harassment • Abusive words or gestures constitute • Specifically prohibits publicly insulting harassment only if they are intended to another by abusive words or gestures and likely to incite a reasonable person in a manner "intended and likely to to immediate violence and they are provoke a violent response." directed at a particular individual. • Specifically prohibits subjecting other person to offensive physical contact Public urination and AMC 9.08.110: Scattering Rubbish • This provision also prohibits deposit of defecation animal waste on public or private property. Dogs and gear AMC 10.64.010: Obstructing • See next page for proposed additions to hindering sidewalk Sidewalks and Passageways this ordinance. passage Currently prohibits obstruction by "objects" only AMC 9.16.070: Nuisance - Dogs • Prohibits obstruction by dogs Dangerous dogs in AMC 9.16. 01 S-070 Nuisance - Dogs congested areas • Requires rabies vaccinations • Requires leashes in public places • Prohibits menacing dogs Camping AMC 10.46 and 10.68.330: Prohibited • Northern California Fed. Dist. Ct. Camping upheld provision banning camping: • Prohibits camping on public property, preventing other persons from using including parks public spaces is not an unavoidable life- sustaining activity; making enforcement dependent on availability of shelter beds is not required. (1994) • Oregon Fed. Dist. Ct. upheld Portland no-camping ordinance, rejecting argument based on 8th Amendment and Equal Protection. (2011) • Multnomah County Circuit Ct. upheld Page 1 of 3 Portland no-camping ordinance, rejecting arguments based on Eighth Amendment, Equal Protection, strict scrutiny, and overbreadth and vagueness. (2015) RECENT LAWS NOTES COMPLAINTS ABOUT PUBLIC MISCONDUCT POSSIBLE NEW ORDINANCES Tobacco and marijuana Possible addition of new provision to . First Reading of proposed ordinance smoke in congested Title 9 (Health and Sanitation): scheduled for February 2 Council Downtown areas and Smoking Prohibitions meeting. • Prohibits smoking on Downtown sidewalks/ Plaza. • Prohibits smoking in enclosed areas open to the public and in places of employment, with certain exceptions Stationary persons Possible addition to AMC 10.64.010: • Requires intent to disrupt; can be shown hindering sidewalk • Prohibit persons from blocking by failure to heed warning. passage Downtown public sidewalks for more . Prohibition permissible only on behavior than 3 continuous minutes by standing, (blockage) - not on expressive content sitting, or lying within pedestrian (such as words used). passageways or within 5' of a street . 1996 Ninth Circuit opinion said sitting, edge or corner lying, or sleeping on a public sidewalk is • Prohibit persons from blocking not a form of conduct integral to free entrances to public or private property expression. from public sidewalks by standing, . Dictum in 2014 Supreme Court case sitting, or lying thereon. suggests prohibition on blocking access • Require notice of prohibited conduct is permissible. and failure to comply before any arrest. • Should be limited to areas in which intentional interference with free passage is prevalent. Soliciting persons Possible addition of new provision to • 2006 Ninth Circuit opinion said that unable to readily walk Title 10 (Public Peace, Morals and solicitation is a form of expression away Safety) entitled to the same constitutional • Prohibit solicitation within 20' of ATM, protections ("strict scrutiny") as bank entrance, or sidewalk cafe. traditional speech. • Prohibit solicitation of persons in a • Must be narrowly tailored to prevent vehicle parked or stopped on a public intimidating solicitations which actually street or alley. have taken place in Ashland (not just • Require notice of prohibited conduct could take place). and failure to comply before any arrest. • Must identify prohibited activity with particularity. The list of situations in which solicitation is prohibited must be exhaustive; that is, enforcement officials should not have discretion to expand the list. • Must allow ample alternatives for exercise of I st Amendment rights (e.g., should allow non-threatening solicitation outside prohibited specified areas). Page 2 of 3 • Must apply to all appeals for donations, including, for example, those by organized charities. Continuing to solicit See ORS 166.025 Disorderly Conduct and after negative response ORS 166.065 Harassment Crude remarks, generally Using profane or abusive language during solicitation or after negative response Solicitation without a Is soliciting donations a "business activity"? business license Page 3 of 3 RESOLUTION NO. A RESOLUTION AFFIRMING THE RIGHT OF ALL PERSONS TO USE PUBLIC STREETS AND SIDEWALKS AND TO BE TREATED EQUALLY REGARDLESS OF THEIR ECONOMIC OR LIVING CONDITIONS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Concurrently with the adoption of this resolution, the City is adopting and implementing ordinance provisions and programs to deal with the inappropriate uses of public streets, sidewalks and places and to ensure that publicly-owned property is used for its intended purpose. SECTION 2. The City Council desires to reaffirm and emphasize its commitment to the citizens of Ashland regarding non-discrimination and equal opportunity for all persons to use the public streets and places of the city so long as they are not engaged in criminal activity. Factors such as dress and unusual or unkempt appearance do not alone justify enforcement action. Each i n d i v i d u a l has t h e same legal rights and responsibilities as every other person, and all persons are to be treated equally regardless of their economic or living conditions. SECTION 3. Ordinances prohibiting certain conduct within the City are not intended to and shall not be used to discriminate against a particular group o r i n d i v i d u a I s and law enforcement officers shall enforce City ordinances, as well as State laws, in a non-discriminatory manner. SECTION 4. The City has supported in the past and continues to support through funding and other resources many programs delivering services and assistance to our less-advantaged citizens. The City will endeavor to familiarize homeless persons with those services and programs available to them and make referrals to social service agencies upon request. This resolution was duly PASSED and ADOPTED this day of , 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2016- Page 1 of 1