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

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6. Disorderly conduct will not be tolerated; and 7. Persons violating the law or creating a nuisance are subject to eviction and loss of parking privileges pursuant to the authority of the property owner or parking lot operator. The type-face for the signs shall be clear and legible and use a type- face with letters at least two inches high. The type-face for the handbills shall be clear and legible and use at least a 12 point font. The exemption authorized by this subsection (b) applies only to property of responsible persons, who may be property owners or persons with authority over parking operations on the property, who have requested the exemption using a form developed by the City. The request form shall require the property address where the exemption will apply, the name of the responsible person, and the mailing address for the responsible person. It shall be the responsible person’s obligation to update the mailing address by informing the City of any changes. Exemptions are not transferable. Section 2. The matrix in Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by adding the following in numerical order therein: 4.990 Penalties - Specific . (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each: Section Penalty 4.190(4)(b) See 4.996(3) Section 3. Subsection (3) of Section 4.996 of the Eugene Code, 1971, is renumbered (4), and a new Subsection (3) is added thereto, to provide: 4.996 Administrative Civil Penalty . (3) Upon a determination by the city manager, or the manager’s designee, that a responsible person failed to request the exemption allowed under section 4.190(4)(b) and allowed drinking, or failed to post the signs or distribute the handbills containing the information as required by section 4.190(4)(b), the city manager may impose upon the violator an administrative civil penalty. A first violation is subject to a fine of $200. Second and subsequent violations are subject to fines of $500. Upon the imposition of a third civil penalty to the same responsible person within a period of 12 months from the first penalty imposed, in addition to the civil penalty, the exemption provided under F:\CMO\2007 Council Agendas\M070910\S0709103.doc