HomeMy WebLinkAbout3253 Amending AMC 10.120 to Add an ELEA EastI W1 XQ I'M IM Imes 1g] ORPRy.1011W N IL143 6-11521 am Eli X.1 I SIZE 1167,111 Mmyff W.0
Annotated to show deletions and additions to the Ashland Municipal Code sections being
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modified. Deletions are h-ok. }ire and additions are bold underlined.
116101-9
SECTION 1.
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 t"I
unlawful activities comprising persistent violation as defined in AMC 10. 120.020 below, and
declares each smeh of the following areas to be an enhanced law enforcement area (ELEA):
1. Downtown Enhanced Law Enforcement Area (ELEA West) - inclusive of Bill Patton
Garden and 130 N. Pioneer Street public parking lot, as depicted in Exhibit A attached to the
ordinance codified in this section.
2. ELEA East, as depicted in Exhibit B attached to the ordinance codified In this
section.
10.120.020 A Person Commits the Crime of Persistent Violation If:
A. The person is convicted in Ashland Municipal Court or other court of competent
Jurisdiction for any combination of the following crimes or violations occurring in separate
incidents solely within ELEA West or sole!within ELEA East within a six-month period,
provided that convictions in ELEA West and ELEA East shall be separate and distinct,
with each ELEA subject to its own applicable expulsion order: wl an effwneed�
enforvement 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 sections set forth below;
3. Three (3) or more violations of any of the following sections 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 alcoholic liquors in public places prohibited; or
e. AMC 10.40.040 - Open Containers Prohibited;
f AMC 9.16.015 - Dog License Required; or
g. ORS 47513.381 - Use of marijuana in public place prohibited.
B. The person knowingly enters an the particular ELEA enhanc-ed- 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 O 10 et seq. (Ord. 3142, amended, 04/18/2017; Ord.
3113, amended, 2015; Ord. 3066, added, 06/19/2012)
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.
10. 120.040 Misdemeanor Classification Presumptive Penalty
A. Persistent Violation is a Class B Misdemeanor.
1. Speeill 1"11, addres
2. Allow the per -son to travel .. ployment, edueational.
facility; City offleps5 physical or *t.^- pas that -the
eouft-deems-ma"- afly-reh-i4W-to-the7person4"Imes����e-need,+of4he-persoit4
or *4. 1^ f It- e publio. wage PrOtweetaw" o. —
B. Unless reasonable cause exists to order otherwise, upon a finding of,persistent violation
under 10.120.020 the Court shall enter a ludgment expelling the person from the applicable
ELEA, as defined In AMC 10.120.010.E, for a period of not less than three (3) months and
not more than one (1) year. Any judgment that Includes an expulsion shall also Include the
following exceptions to the terms of the expulsion from the applicable ELEA:
1. The expelled person Is present in the ELEA for one or more of the following
activities:
a. To actively address or remedy the su4ject offense if ordered to do sob the
Courterform offlcial governmental business, or attend public meetings.
b. To active!ursue or obtain social, medical, pharmaceutical, groceries, at.
other services reasonably deemed related to the needs of the person not
otherwise available outside the applicable ELEA;
c. To activetv secure or maintain lawful employment or attend registered
educational services.
2. The expelled person is actively traveling through the applicable ELEA. For ELEA
West, this travel exception is limited to those traveling In a vehicle or on public
transit while using a necessary street or highway to reach a destination outside of
the ELEA West area.
C. Upon a showing of good cause, the Court may enter an order fimiting the exceptions set
forth In AMC 10.120.040.B regarding the expelled person's abuily to enter the particular
ELEA that Is the subject of the expulsion order.
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 3. 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 3-5) 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 W day of 2024, and duly
PASSED and ADOPTED this �Z_day of 'u&ca,4AL 2024.
PASSED by the City Council this day of 2024.
ATTEST:
A01,Jxc'L,4_1L1,44 - —
Al*i's'-sa-'k6lodiins—ki',Ci"fy Kee or.-d e r'
SIGNED and APPROVED this day of 2024.
Toiiya Gaham, Mayor
Reviewed as to form:
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