HomeMy WebLinkAbout3273 Amending AMC 10.120 Enhanced Law Enforcement Area ORDINANCE NO. 3273
AN ORDINANCE AMENDING AMC SECTION 10.120 ENHANCED LAW
ENFORCEMENT AREA AND PERSISTENT VIOLATION
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
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 the
unlawful activities comprising persistent violation as defined in AMC 10.120.020, and declares
each of the following areas to be an enhanced law enforcement area(ELEA):
1. Downtown Enhaneed Law Enfer-eement Area (ELEA West) inelusive of Bill
PfittOR aav and i✓v , as depieted in Exhibit A
1. ELEA West (Downtown): As depicted in Exhibit A, attached to the ordinance
codified in this section.
2. ELEA East, as depieted in Exhibit B aftnehed to the or-dinanee eodified in this
seetlon.(Ord. 3253 § 1, amended, 12 n 7 024; Ord. 3142, amended, 04/182017; Ord.
3114,—i mended,2015;-Ord. 3066, added, 061 9/20 2)
2. ELEA East: As depicted in Exhibit B. attached to the ordinance codified in this
section.
�n�020 A Per-son Commitsthe Crime of Persistent Violation
A. The p vieted in Ashland Munieipal Court or other-eour-t of eompeten
janyeombination ofca`following eviolations nscptaisccc
period;ineidents solely within ELEA West or-solely within ELEA East withiWal si.71- mmo�nathh
provided,that eonvietions in ELEA West and ELEA East shall be separate and distinet,
with eneh ELEA subjeet to its own applienble expulsion oFder-.-
4. ThFee(3) or-more Class B or-C felonies-or-Class A, r i ' ��
2. Two (2) Class A,B or C felonies or-Class f
more violations of the seetions set for-th B, oF C misdemeanors plus one (1) or-
ORDINANCE NO. 3273 Page 1 of 6
b. AA4G . ;
. ,
. ,
OF
. ;
B. The per-son knowingly enteFs the per-tieular-ELEA area in violation of a Mullieipa
Court expulsion order-as a term of the per-son's pFobation or-a eour-t expulsion o
pursuant to AMC 10.125.010 et s 3253-§ 1, amended, 12/1712024;Ord. 3142,,
boa 04118i2017; OW 3113 amended, 2015; Or-d 3066 added, 061 912012)
10.120.020 Qualifving Events.
A. Qualifying Events. A person is subiect to a civil expulsion per 10.120.040 from entering
ELEA West or ELEA East under the conditions outlined below. Each area (ELEA West
and ELEA East) shall have its own separate qualifying events; an expulsion in one area
does not automatically apply to the other unless separate facts exist.
A"Qualifying Event" occurs when,within a six month period, any of the following
conditions are met:
1. Violation. An individual has been issued,but not necessarily convicted of,three or
more of any of qualifying violations listed below. Upon the issuance of the third
violation, a person is subiect to a Qualifying Event:
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 Maces
prohibited; or
e. AMC 10.40.040—Open Containers Prohibited; or
f. ORS 475C.377,or as it may be amended from time to time—Use of
mariivana in public place prohibited.
2. Crimes.A person has been lodged or issued criminal citation by a police officer, but
not necessarily convicted of, any of the following crimes:
a. Felonies: One or more felony charges.
b. Misdemeanors:
i. One or more person crime misdemeanor charge(s) as outlined in OAR
213-003-0001, as that authority may be amended from time to time.
ii. One or more misdemeanor unauthorized burning charge(s) per AMC
Chapter 10.30.
iii. Two or more misdemeanor charges.
iv. Prohibited Camping shall not be used as a qualifving event
ORDINANCE NO. 3273 Page 2 of 6
3. Citations During the Same Point of Contact.An officer shall not use a single point of
contact or call for service to establish multiple qualifying events. Oualifying Events
for purposes of an expulsion petition should be cited based on contacts on different
dates.
10.120.030 Process to initiate a Civil Expulsion
A. Process. If a law enforcement officer has probable cause to believe a person has
committed a Oualifying Event that may result in an expulsion from either ELEA West
or ELEA East,the officer may request the Ashland Municipal Judge issue an expulsion
order under 10.120.040, according to the following steps:
1. Provide notice to the charged individual of the date,time, and location the officer
intends to request the expulsion.
2. At the time specified in the notice,the officer shall present evidence to iustify the
expulsion under the terms of this chapter.
3. If a charged individual is present,the Ashland Municipal Judge shall afford the
opportunity to (1) contest the expulsion and (2) request any relevant variances
should the expulsion order be issued. If a charged individual is not present,the
Ashland Municipal Judge may enter a default order.
4. The expulsion order shall be effective upon personal notice.
10.120.040 Misdemeanor Glassifleation Presumptive Penalty
A. Persistent violation is a Class B misdemeanor,
B. Unless reasonable eause exists to OFdeF other-wise, upon a finding of persistent violation
under AMC 10.120.020 the Court shall enter-a judgment expelling the per-son from th
applienble ELEA, as defined in AMC 10.120.010.B,for-a period of not less than three (3)
months and HOt MOFe then one (1)year, Any judgment that ineludes an expulsion shaH B41-9-0
inelude the following exeeptions to the tems of the expulsion from the applienble ELEA.,
!. The expelled esent in the ELEA for-one (1) or-more of the followin
yes
a. To aefivety address or remedy the subjeet offense if ordered to do so by the
Court, pei4ar-m offieial gover-nmental business, or-attend publie meetings;
other-serviees reasonably deemed Felated to the needs of the per-son not. ot�-pwmvise
available outside the applienble ELEA-,
e. To netivety seeure or-maintain lawful employment or attend registered
2. The expelled per-son is setively traveling through the applieable ELEA. FOF ELEA
West,this travel exeeption is limited to those tFaveling in a vehiele or on publie tFaRSi
while using a neeesser-y street or-highway to r-eaeh a destination outside of the ELE.4
�x��a.
ORDINANCE NO. 3273 Page 3 of 6
Q Upon a showing of good eause,the Court may enter an order-limiting the exeeptions s
forth in subseetion B of this seetion Fegar-ding the expelled per-son's ability to enter-the
par-fieulff ELEA that is the subjeet of the expulsion or-der, (Or-d. 3253 § > ,
1 21 7 O24; n,.a 3066 added 0611912 12)
10.120.040 Civil Expulsion Order
A. Upon a preponderance of the evidence finding that a Oualifying Event exists under
10.120.020 the Court shall enter a iudement expelling the person from the applicable
ELEA, as defined in AMC 10.120.010.B,for a period of not less than three(3) months and
not more than one(1)year.Any civil expulsion order shall also specify exceptions to the
terms of the expulsion from the applicable ELEA,as follows:
1. The person expelled may be present in the applicable ELEA for one or more of the
following activities:
a. To actively address or remedy the subiect offense if ordered to do so by the
Court, perform official governmental business, attend public meetings, or
other rights protected by the Oregon or federal constitution.
b. To actively pursue or obtain social, medical, pharmaceutical,groceries,meal
programs,or other services reasonably deemed related to the needs of the
person not otherwise available outside the applicable ELEA;
c. To actively secure or maintain lawful employment or attend registered
educational programs; or
d. Any other variance conditions that might exist under 10.120.5(F).
2. The expelled person is actively traveling through the applicable ELEA.For ELEA
West, this travel exception is limited to those traveline using a necessary street or
highway to reach a destination outside of the ELEA West area.
10.120.050 Appeal of Expulsion Order; Variance
A. Appeal Process for Expulsion Order:
1. Right to a Hearing: A person who receives an expulsion order has the right to
request a hearine to challenge the expulsion order,seek a reduction in the expulsion
period, or request a variance.
2. Fee Waiver: A person who submits a request for an appeal or variance shall not be
subject to any fines related to that request.
B. Filing a Hearing Request:
1. The request for a hearing must be submitted in writing to the Municipal Court
Clerk at Ashland Municipal Court within ten (10) days of receiving personal notice
of the expulsion notice.
C. Scheduling and Conducting the Hearing:
1. The Municipal Court Judge shall conduct the hearing within ten (10) business days
of receiving the request.
ORDINANCE NO. 3273 Page 4 of 6
2. The hearing may be rescheduled for good cause but must be held no later than five
(5) additional business days from the rescheduled request.
D. Effect of a Timely Filed Appeal:
1. If an appeal is filed within the specified time,the period of expulsion is staved
pending the outcome of the appeal. If the expulsion order is upheld,the remaining
period of expulsion will take effect immediately upon the issuance of the Municipal
Court's decision.
E. Burden of Proof and Decision:
1. The City must prove the validity of the expulsion order by a preponderance of the
evidence. If the Municipal Court finds that the expulsion order was based on
conduct prohibited by AMC 10.120.2 and is otherwise lawful, the court shall uphold
the expulsion order.
2. If the court finds that the City has not met its burden of proof or that the expulsion
order is unlawful,the court shall rescind the expulsion order.
3. If the court finds the City has met its burden of proof but determines that the length
or scope of the expulsion order is unreasonable under the circumstances,the court
may issue an order to shorten the expulsion period or allow for a variance.
F.Variance:
1. A court of competent jurisdiction may,at its discretion, grant an additional
variance to an expelled person at any time during the period of expulsion if the
person demonstrates by clear and convincing evidence that:
a. The person has a legitimate and compelling need to engage in a specific, non-
criminal activity within the expulsion area that is unrelated to the behavior
leading to the expulsion, such as employment,medical appointments, or
caring for a dependent;
b. The person resides within the expulsion area and no reasonable alternative
housing or accommodation is available outside the area that would allow
compliance with the expulsion order;
c. The person has a specific and compelling need to obtain essential goods or
services that are not reasonably available outside the expulsion area, such as
access to unique medical services, prescription medications, or other
necessities critical to the person 's health or well-being.
d. Providing a variance serves the interest of iustice, public safety, or public
welfare.
ORDINANCE NO. 3273 Page 5 of 6
10.120.060 Civil Expulsion Penalty
A. Violation. If a person is subiect to a civil expulsion order is found within the boundary
of the applicable ELEA during the expulsion period,that person may be arrested for
Criminal Trespass under ORS 164.245.
10.120.070 Revocation of Expulsion Orders
An expulsion order may be revoked by the issuing authority if it is determined that there
has been an acquittal on an underlying charge,the expulsion order was issued in error,the
conditions for expulsion are no longer applicable, or the offender has demonstrated
rehabilitation or changed behavior that no longer poses a threat to public safety or
Property.
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 day of , 2025, and duly
PASSED and ADOPTED this day of
, 2025.
PASSED by the City Council this / day of , 2025.
ATTEST:
Alissa Kolodzinski, City Recorder
SIGNED and APPROVED this -7 day of 0 ci+Q�e) ,2025.
Tonya Graham, Mayor
Reviewed as t
ie orney
ORDINANCE NO. 3273 Page 6 of 6