§ 19-489. Designation.

Specific areas of the City that constitute open-air drug markets shall be designated as neighborhood safety districts according to the following procedure:

(1)

Application. Any citizen who resides within a definable area that meets the criteria for designation listed below may submit an application to the Chief of Police requesting the designation of that area as a neighborhood safety district and the implementation of the programs for which this article provides in that area. The Chief of Police shall provide forms for such applications, and all applications shall be made on such forms.

(2)

Criteria for designation. In order for the City to designate a neighborhood safety district, the Chief of Police must determine that the application submitted contains sufficient evidence of the following:

a.

The proposed neighborhood safety district has clearly defined geographic boundaries;

b.

The proposed neighborhood safety district is the site of repeated and documented criminal activity related to the distribution, possession or use of illegal drugs, as shown by any of the following:

1.

The number of arrests for illegal drug activity for the 12-month period preceding the submission of the application is significantly higher than other similarly sized areas of the City;

2.

The number of homicides related to the possession or distribution of illegal drugs for the 12-month period preceding the submission of the application is significantly higher than that for other similarly sized areas of the City;

3.

Objective evidence or verifiable information shows that illegal drugs are being sold and distributed within the proposed neighborhood safety district;

4.

Reliable information demonstrates that the health or safety of the residents who live in the proposed neighborhood safety district is endangered by the sale of illegal drugs and other criminal activity; or

5.

Law enforcement personnel commonly refer to the proposed neighborhood safety district as a "high drug area" or an "open-air drug market";

c.

A significant number of the residents living within the proposed neighborhood safety district have indicated a commitment to engage in citizen activity as described in Section 19-491; and

d.

Such other criteria that qualifies an area for designation as a neighborhood safety district as the Chief of Police may determine and publicize.

(3)

Authority to make designation. Within 15 calendar days of receipt of an application, the Chief of Police shall determine whether an application meets the criteria of Subsection (2) of this section. If the Chief of Police determines that an application meets the criteria, he shall immediately report such determination to the Chief Administrative Officer. Within five days of the Chief Administrative Officer's receipt of the Chief's report, the Chief Administrative Officer shall designate the geographic area proposed in the application as a neighborhood safety district subject to the programs for which this article provides and shall assign a coordinator with authority to coordinate all plan development and other City activities required by this article for that neighborhood safety district. The Chief Administrative Officer shall make such designation and assignment in writing and shall distribute such designation and assignment to the citizen or citizens who submitted the application and to all agency heads.

(Code 2004, § 66-542; Ord. No. 2004-143-143, § 1(20-242), 5-24-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)

(Code 2004, § 66-542; Ord. No. 2004-143-143, § 1(20-242), 5-24-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)