09/11/1972 Meeting - Laserfiche WebLink

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, Manager explained that this bill repeals the original- ordinance which adopted by reference a set of administrative rules and regulations. He 'said-Attorney recommended the regulations be specified in the ordinance so there would be no legal p~Qblems with their enforcement and pursuit in the courts. Furthermore, the Council at ,time of initial adoption pledged - review and change to reflect any 'problems arising from enforcement of the original rules. Manager reviewed specific changes in the regulations (see committee minutes August 30 and September 6, 1972). ' He noted that copies of the proposed ordinance we~emade available to the general public and were discussed in the news media. Buddy Asvich, 1212-C Street, Springfield, asked if the prohibition 9f_t;;:liIDQing,on plaI}t,____. materials will include prohibition of lying, walking, Or standing on the grass. Manager said it would not. David Gwyther, 2330 Floral Hill Drive, asked what disposition was made of the alternative Section 4.872 submitted for the Council's consideration." Manager said it was discussed at committee meeting, but the Council did not include it in the final draft. Mr. Gwyther commended the City administration for changes suggested in the regulations. He added that signs should be posted at entrances to the mall clearly indicating those things prohibited so there would' be no misunderstanding as to what is against the law'. He said that police should be aware of the difference between the types of people who are creating disturbances on the mall and the counter-culture people even though their appearance ,may be the same. Mr~ 'Gwyther also"expressed the opinion that arresting a person for,' bringing dogs on the, mall seems rather severe. Instead, citations should be issued. And he felt bicycles should be allowed between'9:00 p.m. and 6:00 a.m. when there are not many people on the mall, since it offers a short cut and there are,no curbs to jump. . Rachel Starr, 2551 Columbia Street, suggested that the free speech platform recommended by Mrs. Beal for installation in the mall should be constructed. ~. ~., . Mr. Asvich' commented' on the percentage of people using, tbe mall who are repeatedly arrested for disturbances. He suggested an effort be made by the community to develop community relations and educational programs to determine what is needed to eliminate the causes for the disturbances. Jean Coleman, 632 West 4th Avenue, asked how the number constituting a group of 25 would be determined when enforcing the section on assembly of crowds, whether it would include those merely passing with those paying full attention to a performance. Manager said the us~.. of. the number "25" was an arbitrary figure chosen to give something by which to measure assemblies and it would be a matter of judgment as to the type of group and whethe~ there is interference with other mall activities in progress. Ms. Coleman then asked if there would be guidelines in educating police and parks people in enforcing the ordinance. I Manager and Police Chief both commented on the extensive training program in existence for police officers, with additional training for those assigned to the mall area. Parks people in the mall observe only and report to police if incidents require enforcement action. Manager said police officers have had two years' experience with the present mall regulations and their enforcement, and no sudden change is expected in the way they are . handled. Mel vin McDerman, 3625 Willamette Street, wondered why there were none of the downtown business people present to answer questions and speak to those people using the mall. I Manager in re~ponse to Mr. Gwyther's comment about allowing bicycles on the mall explained that regulations governing bicycles are covered in another section of the Code, and if the Council is interested in exploring the possibility of allowing them after 9:00 p.m. staff would bring a recommendation. He said there was considerable staff discussion after this proposal was presented at the administrative hearing. He agreed with Mr. Gwyther's com-, ment with regard to differentiating between the counter-culture people and those of a criminal nature and said there is_ no_ intent of setting up a system of hassling people' who are law abiding citizens. Mr. McDonald expressed surprise that persons taking dogs onto the mall are arrested and taken to jail. Police Chief explained that the citation procedure is always used except when there is nb co-operation from the person to whom the citation would be issued - that is, if they will not give identification and other needed information, then the only recourse is to arrest them. ' If they do not post bail , then, -they would have to be put in' j ai l. He noted there have been instances of assault on police officers by those being ., issue citations. Mr. Teague moved seconded by Mr. McDonald that the bill be read the second time by council bill number only, with unanimous consent 'of the Council, and that enactment be considered at this time.' Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and' given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16614 , , ,- , 2 75 9/11/72 - 13 -