HomeMy WebLinkAbout3142 Amending 10.120 Adding to ELEA
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 10.120 TO ADD
THE 130 N. PIONEER STREET PUBLIC PARKING LOT
TO EXISTING ENHANCED LAW ENFORCEMENT AREA
Annotated to show delet 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, The City's public parking lot located at 130 N. Pioneer Street, is adjacent to the
existing Enhanced Law Enforcement Area; and
WHEREAS, City of Ashland law enforcement has experienced increased and disproportionate
instances of individuals' recurring unlawful activities within the 130 N. Pioneer Street public
parking lot which would constitute persistent violations under AMC 10.120.020 if they took
place nearby in the City's current Enhanced Law Enforcement Area; and
WHEREAS, City of Ashland law enforcement considers it is necessary to expand the Enhanced
Law Enforcement Area to include the parking lot located at 130 N. Pioneer Street in order to
protect the public against health and welfare hazards posed by persons who are attracted to the
parking lot.
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.120 is amended as follows:
10.120.010 Enhanced Law Enforcement Area and Persistent Violations, 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
Ordinance No. Page 1 of 3
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, inclusive of Bill Patton Garden
and 130 N. Pioneer Street public parking lot, as depicted in Exhibit A.
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, B or C 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 below;
3) Three (3) or more violations of any of the following ordinances or laws:
a. AMC 9.08.110 - Scattering Rubbish;
b. AMC 9.08.170 - Unnecessary noise;
c. AMC 9.16.010 - Dogs - Control Required;
d. AMC 10.40.030 - Consumption of Alcohol in Public;
e. AMC 10.40.040 - Open Container of Alcohol in Public;
f. AMC 9.16.015 - Dog License Required; or
g Measure 91, Seetio" 5 ORS 47513.280 - Use of marijuana in public place
prohibited.
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.
SECTION 2. Savinl4s. 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 3. 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 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", 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., Section nos. 2-4 need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
Ordinance No. Page 2 of 3
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The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2017,
and duly P SSED and ADOPTED this day of , 2017.
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Barbara M. Christensen, City Recorder
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SIGNED and APPROVED this K? day of , 2017.
Stromberg, Mayor
Revi ed as to form:
David H. Lo an, City Attorney
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Ordinance No. Page 3 of 3
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