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<br />e <br /> <br />e <br /> <br />e <br /> <br />Ms. Bohman summarized the proposed changes to the mall regulations and <br />ordinance. The revisions focus on private commercial use of public space, <br />street entertainers and entertainment events, enforcement, interference with <br />permitted activities, and restriction against unamplified noise disturbance <br />during business hours. Proposed amendments to two other ordinances would <br />exempt permitted mall activities from the City.s noise ordinance, and would <br />prohibit skateboarding on downtown sidewalks surrounding the mall and in <br />parking structures. <br /> <br />Ms. Bohman said one major concern which is not addressed by these proposals <br />is aggressive begging. A draft ordinance was written by the City Attorney <br />based on a similar ordinance in Portland. However, a recent Oregon Supreme <br />Court ruling regarding Portland's ordinance has caused the attorneys to <br />withdraw the proposal. <br /> <br />Tim Sercombe, City Attorney, said the City is currently considering three <br />alternate ways to regulate begging which interacts with other activities to <br />produce undesired effects on the mall. The first option being explored is <br />the retention of the existing system which requires permits to be obtained <br />for some fund-raising activities. This would include the solicitation of <br />money for personal benefit. The second regulatory scheme being considered is <br />the inclusion of State statutes regulating interpersonal behavior in the <br />municipal code. Mr. Sercombe said this will make it possible to enforce the <br />behavioral problems as municipal offenses. The third regulatory option under <br />consideration is limiting anti-competitive behavior next to retail <br />establishments on the mall. This will encourage the free flow of pedestrians <br />and provide the necessary access for emergency vehicles, as well as protect <br />existing commercial establishments on the mall from competitive activity. <br /> <br />Councilors voiced their concerns about the proposed regulation that would <br />establish fees for commercial use of public space in the mall. Ms. Ehrman <br />said the City has been trying to encourage the use of public space on the <br />mall and felt initiating a fee would counter this aim. Ms. Bascom agreed. <br /> <br />Ms. Bohman said the purpose of the fee is to acknowledge the increased <br />cleanup and administrative costs associated with commercial use of public <br />space on the mall. While it would be possible to issue a permit without a <br />fee, staff feels the proposed fee would be consistent with the City-wide <br />policy that there will be some charge for the private use of public space. <br />Ms. Bohman added that the City is considering revisions to the revocable <br />permit structure. At some later point, fees instituted for mall space might <br />be altered so as to be consistent with fees charged for similar uses <br />city-wide. <br /> <br />Mr. Bennett questioned whether there should be a fee charged for commercial <br />use of public space on the mall, no matter how small the fee may be. He said <br />the City is currently trying to encourage use of the mall and the institution <br />of a fee would contradict that goal. Mr. Bennett said that in the future, <br />there may be enough activity on the mall to warrant such a fee, but he did <br />not feel it would be advisable now. <br /> <br />MINUTES--Eugene City Council <br /> <br />January 11, 1989 <br /> <br />Page 7 <br />