Item 3: Ordinance Concerning Consumption or Possession of Alcohol in Public

Home Browse Search

At the July 23 work session, some Council members asked staff to develop a new area of exemption that eliminates some of the residential areas and the large open areas of Alton Baker Park. The new map defines a much smaller area and is provided as Attachment B. Research has determined that some tailgating is currently taking place in the small boot-shaped area adjacent to the Riverfront Parkway on the south side of the Willamette River. Since the area has been used previously, it has been included in the staff’s proposed area for exemption. Due to timing issues associated with the public hearing, the proposed ordinance draft, attachment A, could not be altered to describe any changes in the area covered by the exemption of the proposed ordinance. Council may move to modify the area of exemption from what was proposed at the July 23 work session to the new smaller area defined in the map attached as exhibit B. Following the July 23, 2007 work session to address Council recommendations, some changes were made to the proposed ordinance and are included in attachment A. These include: ?Clarification at the beginning of 4.190 subsection (4) (b) that the private property was property extended for use as a parking facility not covered in subsection (4) (a). This change was made to restrict the exemption to parking areas, eliminating buildings, homes, etc., which could be within the boundaries of the area covered by the ordinance. ?Adding subsection (4) (b) 5-6. These additions describe actions that are not allowed in the exempted area such as providing alcohol to minors and the consumption of alcohol by minors. ?Adding subsection (4) (b) 7, which states that persons who violate the law or create a nuisance can be evicted and lose parking privileges pursuant to the authority of the property owner or parking lot operator. Concern was expressed by some City Councilors regarding the university’s willingness to provide similar information to tailgaters using their facilities. The question of fairness between what is allowed in the Autzen parking lot and at neighboring pay-for-use lots was important to several council members as well as community members, affected not-for-profit organizations, etc. The university has indicated that they are interested in continuing their educational approach to tailgating and ticket-holder behavior and could provide similar information to tailgaters using their facilities. The new standards include the promotion of more responsible behavior by tailgating fans. RELATED CITY POLICIES Eugene Code (EC 4.190) currently prohibits public consumption of alcohol on a number of properties where it now occurs on home game days. Equal application of the law or a change in code would ensure the City maintains the integrity of its code. COUNCIL OPTIONS Following the public hearing, the City Council may: 1.Schedule action on the proposal for a future meeting. 2.Direct staff to amend the proposed ordinance and schedule action for a future meeting. 3.Take no action at this time; public consumption of alcohol will remain restricted to the area currently exempted by ordinance. 4.Remove the exemption currently provided through City Ordinance 4.190 and thus eliminate consumption of alcohol at Autzen Stadium on home football game days. F:\CMO\2007 Council Agendas\M070910\S0709103.doc