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is <br />~, y. <br />~} ~ <br />^~~ ~zq .qo ~,.n:: a.:~.° - +;~?.d=W ~ 'S`pa,. <br />ORDINANCE N0. ~ $617 ..,~F ~~..F,_,.~.* .~:w. <br />[( ~ a ~ t <br />AN ORDINANCE CONCERNING DEFENSE TO TRESPASS~r'.j:~~~ ~~~ <br />AI~~ENDING SECTION 4.E05 OF THE EUGENE CODE, ~ - <br />19 7 l ; AND DECLARING AN E~'IERGENCY . <br />THE CI1Y OF EUGENE DOES ORDAIN AS FOLLOWS: <br />Section 1. Subsection tl} of Section 4.805 of the Eugene <br />Code, 1971, is hereby amended by adding the following definitions <br />thereto: <br />Shopping center mall. An enclosed area of <br />greater than 10,000 square feet of gross floor <br />area for pedestrian use which serves as common <br />access in whole or in part. for more than five <br />commercial businesses. <br />Free speech area. An area in a shopping <br />center mall of 1~ of the gross floor area of the <br />shopping center mall, designated for the public <br />dissemination of non-commercial information and <br />for which reasonable rules governing priority of <br />use have been posted in such an area by the person <br />in lawful charge of the shopping center mall. <br />Non~cor~~mercial information. Information which <br />does not advocate or solicit the purchase or sale <br />of goods or services. <br />Section 2. Anew subsection ~4} is added to Section 4.805 <br />of the Eugene Code, 1971, to read and provide: <br />4..805 Trespassing on Premises, <br />~4} It shall be a defense to any prosecution <br />under this section that at the time the person com- <br />mitted the trespass that he or she: <br />~a} was in a shopping center mall; and, <br />fib} such shopping center: <br />1, had designated a free speech area <br />and such person was in the free speech area <br />and obeying posted regulations governing <br />priority of use; or, <br />2, no such free speech area had been <br />so designated; and, <br />Ordinance - 1 <br />