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)