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<br />e <br /> <br />4.350, 4.353, 4.355, 4.365, 4.375, 4.380, 4.400, <br />4.405, 4.435, 4.440, 4.445, 4.480, and 4.490 to that <br />code; and declaring an emergency. <br /> <br />Ms. Ehrman moved, seconded by Mr. Holmer, that the bill be <br />read the second time by council bill number only, with <br />unanimous consent of the council, and that enactment be <br />considered at this time. Roll call vote; the motion carried <br />unanimously, 6:0. <br /> <br />Council Bill 2956 was read the second time by council bill number only. <br /> <br />Ms. Ehrman moved, seconded by Mr. Holmer, that the bill be <br />approved and given final passage. Roll call vote; all <br />councilors present voting aye, the bill was declared passed <br />(and became Ordinance No. 19461). <br /> <br />VI. PUBLIC HEARING: ORDINANCE REGARDING CHAPTER 4 CODE REVISIONS <br /> <br />City Manager Micheal Gleason introduced the item. He said the council <br />reviewed the proposed ordinance in a work session. <br /> <br />e <br /> <br />Mayor Obie opened the public hearing. <br /> <br />Gerald Morsello, 2643 Kincaid, said the Oregon Attorney General declared in <br />1971 that public nudity is not a concern for the State. Mr. Morsello said <br />public nudity should not be a concern' for the City. He said social pressure <br />and attitudes should control such behavior. Referring to Section 4.760 of the <br />proposed ordinance, he said pornography and sex crimes are partly caused by <br />repressive attitudes and repressive legislation such as Section 4.760. Mr. <br />Morsello asked the councilors to decide whether Section 4.760 is necessary <br />and, if not, to follow the State example. <br /> <br />There being no additional requests to testify, Mayor Obie closed the public <br />hearing. <br /> <br />Responding to the testimony, Bill DeForrest of the Police, Fire and Emergency <br />Services Department said the department receives many calls from people who <br />are offended by public nudity and a way to deal with the situation is needed. <br /> <br />Answering a question from Ms. Ehrman, City Prosecutor Dan Barkovic said the <br />City of Portland v Dollarhide decision indicates the City cannot enact <br />criminal ordinances that conflict with State law. However, the cities may <br />regulate non-criminal behavior. He proposed ordinance provides that public <br />nudity is punishable only by a fine. The ordinance does not make public <br />nudi ty a cri me. <br /> <br />e <br /> <br />MINUTES--Eugene City Council <br /> <br />April 13, 1987 <br /> <br />Page 7 <br />