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<br />- <br /> <br />e <br /> <br />e <br /> <br />M I N U i E S <br />EUGENE CITY COUNCIL <br />May 5, 1980 <br /> <br />Special meeting of the City Council of the City of Eugene, Oregon, was called <br />to order at 7:30 p.m., in the City Council Chamber, by Council President Betty <br />Smith, with the following councilors present: Scott Lieuallen, Eric Haws, Jack <br />Delay, Brian Obie, Gretchen Miller, and Emily Schue. Mayor Gus Keller and <br />Councilor D. W. Hamel were absent. <br /> <br />I. PUBLIC HEARINGS <br /> <br />A. Amendment of Trespass Ordinance (Ordinance distributed) <br /> <br />Ms. Smith stated she would like to extend the discussion time length <br />from 15 minutes each, pro and con, to 30 minutes each, pro and con, <br />due to the number of persons wishing to testify. Mr. Haws stated he <br />felt the time limit should be kept to the time stated on the agenda. <br />The consensus of the council was to extend the time to 30 minutes <br />for each sipe. <br /> <br />Charles T. Henry, City Manager, stated that the first item is a <br />public hearing on a proposed amendment of the existing City trespass <br />ordinance. This item had been scheduled previously for hearing at a <br />later date, but at the request of the council, it was first read last <br />Wednesday and final action will be taken on the ordinance tonight. <br />Mr. Henry introduced Stan Long, City Attorney, to give background on <br />the item. <br /> <br />Mr. Long stated that the amendment to the ordinance is creation of a <br />defense to a charge of trespass. This means that a person who is in a <br />shopping center mall, within the free speech area, obeying posted <br />regulations, or anywhere in the mall, if there was no free speech <br />area designed in the mall, would have a defense against a trespass <br />charge. There are other restrictions, such as dissemination of non- <br />commercial materials. The amendment provides an incentive for shopping <br />center malls to create a free speech area. This is not an attempt <br />to declare areas open to the public, but rather re-defining the <br />concept of "trespass." Mr. Long noted that legislative findings <br />also have been distributed and are recommended for adoption. Adoption <br />of this amendment would not affect the State trespass law. The <br />redefinition of trespass also does not provide a defense for dis- <br />orderly conduct. <br /> <br />5/5/80--1 <br />