Enhanced law enforcement areas are designated to protect the
public from those whose illegal conduct poses a threat to safety and
welfare. Enhanced law enforcement areas include the area within the
City of Roseburg encircled by the following boundary (and including
those portions of the streets and rights-of-way mentioned herein):
beginning at the railroad crossing of the CORP railroad right-of-way
at SE Mosher Avenue, thence southeasterly along SE Mosher Avenue to
SE Main Street, thence northeasterly along SE Main Street to SE Lane
Avenue, thence southeasterly along SE Lane Avenue to SE Kane Street,
thence northeasterly along SE Kane Street to SE Douglas Avenue, thence
southeasterly along SE Douglas Avenue to SE Fowler Street, thence
northerly along SE Fowler Street to NE Diamond Lake Boulevard, thence
westerly along NE Diamond Lake Boulevard to SE Stephens Street and
extending across SE Stephens Street along the same westerly line to
the east bank of the South Umpqua River, thence upstream along the
east bank of the South Umpqua River, taking in all the dry sand area,
to the southerly side of the Oak Street bridge, thence easterly along
SE Oak Ave. to the CORP railroad right-of-way, thence southwesterly
along the CORP railroad right-of-way to the point of beginning.
(Ord. No. 3467, § 1, 5-23-2016; Ord. No. 3517, § 1, 12-10-2018)
A person is subject to exclusion for a period of 180 days from
entering or remaining within an enhanced law enforcement area if that
person has been cited to appear, arrested or otherwise taken into
custody within an enhanced law enforcement area for a total of three
or more instances of unlawful behavior within the enhanced law enforcement
area. For purposes of this Chapter, unlawful behavior means violating
or being charged with violating any of the following:
A. Any
assault, as defined by ORS 163.160 through 163.185 and 163.208;
B. Strangulation,
as defined by ORS 163.187;
C. Menacing,
as defined by ORS 163.190;
D. Harassment,
as defined by ORS 166.065 and 166.070;
E. Disorderly
conduct, as defined by ORS 166.023 and 166.025;
F. Recklessly
endangering, as defined by ORS 163.195;
G. Coercion,
as defined by ORS 163.275;
H. Any
sexual offense, as defined by ORS 163.355 through 163.465;
I. Endangering
the welfare of a minor, as defined by ORS 163.575;
J. Any
offense under State law governing the possession, distribution, sale
or manufacture of a controlled substance;
K. Any
offense under State law governing the possession, use, distribution
or sale of alcoholic beverages;
L. Possessing
or using a weapon in violation of ORS 166.180, 166.190, 166.220, 166.240,
166.250 or 166.272;
M. Any
degree of criminal mischief, as defined by ORS 164.305 through 164.365;
N. Graffiti
as defined in ORS 164.381 through 164.386;
O. Arson
or reckless burning as defined in ORS 164.305 through 164.335;
P. Theft
as defined in ORS 164.015 through 164.095;
Q. Littering,
as defined in ORS 164.775 through 164.805;
R. Possession
of tobacco by a minor in violation of ORS 167.400;
S. Unlawful
drinking in public places as defined in RMC 7.02.030;
T. Public
urination as defined in RMC 7.02.050;
(Ord. No. 3467, § 1, 5-23-2016; Ord. No. 3517, § 2, 12-10-2018)
If a person excluded from an enhanced law enforcement area is
found within the perimeter of the enhanced law enforcement area during
the exclusion period, that person may be arrested for trespass in
the second degree, as defined by ORS 164.245. A person is not considered
to be within the civil exclusion area if the person is within a vehicle
that is passing through the exclusion area.
(Ord. No. 3467, § 1, 5-23-2016)
The Chief of Police is designated as the person in charge of
enhanced law enforcement areas for the purpose of issuing exclusion
notices in accordance with this Chapter. The Chief of Police may authorize
employees of the Police Department to issue exclusion notices in accordance
with this Chapter.
(Ord. No. 3467, § 1, 5-23-2016)
A. At the
time a person is cited to appear, arrested or otherwise taken into
custody within an enhanced law enforcement area for any of the offenses
specified in RMC 7.12.015, if the person has committed two or more
previous instances of unlawful behavior within the enhanced law enforcement
area, the officer making such arrest may deliver to that person a
written notice excluding that person from the enhanced law enforcement
area. Any exclusion notice shall not take effect until the sixth day
after the notice is issued.
B. The
notice shall specify the area from which the person is excluded, the
length of the exclusion, the penalty for entering the excluded area
and contain information concerning the right to appeal the exclusion
to the Judge of the Municipal Court.
C. The
person to whom the exclusion is issued shall sign a written acknowledgement
of receipt of the notice. If that person refuses to sign the acknowledgement,
the arresting officer shall make a written record of the refusal.
(Ord. No. 3467, § 1, 5-23-2016)
A. The
person to whom an exclusion notice is issued shall have the right
to an appeal from the issuance of the notice. The exclusion notice
will notify the person of the right to appeal and process for appeal.
1. An
appeal of the exclusion must be filed, in writing, within five calendar
days of the issuance of the notice. The appeal must be filed with
the Municipal Court. If the fifth day is a day on which the Municipal
Court is not open, the appeal may be filed on the first day the Municipal
Court is open for business, and the exclusion shall not take effect
until the close of business on that day. A hearing on the appeal shall
be held before the Judge of the Municipal Court within 20 calendar
days of the appeal. The exclusion shall be stayed during the pendency
of the appeal.
2. The
City shall have the burden to show by a preponderance of evidence
that the exclusion was based upon the conduct proscribed by RMC 7.12.015.
Copies of documents in its control and which are in-tended to be used
by the City at the hearing shall be made available to the appellant
at least two days prior to the hearing.
3. A
determination by a court having jurisdiction of the matter that the
officer who issued the exclusion notice at the time had probable cause
to arrest the person to whom the exclusion notice was issued for the
conduct described in RMC 7.12.015 shall be prima facie evidence that
the exclusion was based on conduct prohibited by those statutes.
B. Variances
from the exclusion may be granted at any time during the exclusion
period by the Chief of Police, or by the Municipal Court.
C. The
Chief of Police or the Municipal Court shall grant a variance to any
person who can establish that he or she is a resident of the exclusion
zone, is employed within the exclusion zone, or will use the waiver
to visit the residence of a family member, to consult with an attorney,
to attend alcohol or drug treatment sessions, to attend religious
services or otherwise exercise a constitutional right. A variance
may also be granted when, in the discretion of the Chief of Police
or the Municipal Court, the exclusion order is no longer necessary
to preserve public safety. The denial of a variance may be appealed
within five days to the Municipal Court using the same procedures
as for an appeal of the imposition of the exclusion.
D. All
variances shall be in writing, for a specific period of time and only
to accommodate a specific purpose, all of which shall be stated on
the variance.
E. The
person shall keep the variance on his or her person at all times the
person is within the exclusion area.
(Ord. No. 3467, § 1, 5-23-2016)