09/09/1985 Meeting (2) - Laserfiche WebLink

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C 0. ., ~ AGENDA ITEM V: PROPOSED REVISIONS TO MALL ORDINANCE AND PROPOSED MALL REGULATIONS Septemoer 10, 1985 Page 2 - place for customers to sit. One section consolidates activities which were prohibited in the past with proposed new prohibitions. *Bicycling (Ord.--4.872(S)) *Skateboarding (4.872(6)) *Roller-skating (4.872(7)) *Lying down, except in grassy areas (4.872(9))(neyJ prohibition) *Using the mall as a place to sleep, except by pre-school age chil dren (4.872(10)) (ilew prohibition) *P1aying sports in a manner that is harmful to plant life or that interferes with other mall users (4.872(12)) *Sitting on surfaces intended for pedestrian purposes, except on the central fountain steps, under certai n condi ti ons (4.872 (11 ) ) ( nev,r prohi bi ti on) *Operating or using any noise-producing machine, vehicle, device, or instrument in a manner that disturbs other mall visitors, except in performing authorized maintenance or construction (Regs--MR-101O(2)) *C1imbing trees or mall s t ru c tu re s (4. 872 ( 2 ) 1 ) *Bringing animals on the mall (4.872(3)) *Putting litter or any substance in the fountain. Using th~ fountain for any purpose other than observing or wading. (4.872{4)) One section makes willful violation of any of the regulations an offense - punishable by a fine not to exceed $1000, or confinement not to exceed one year, or both lOrd. 4.990(5)). It is not anticipated that such a penalty will often be imposed, however, this provision gives the Police Department a resource it does not currently have because the current violations are not arrestable offenses. While recent court decisions have determined that panhandling and charitable solicitations are forms of constitutionally protected speech, the new mall regul at; ons will require that these activities only occur by permit. The City may only reasonably regulate such activities. It cannot prohibit them. The Attorney:s office is working on a city-wide regulation of charitable solicitation which may allow for more control of such activities on the mall. Other items addressed include crov/d control, damage to plant life and public facilities, motor vehicles, and mall activity pennits. The proposed revisions are the product of extensive inter-departmental and public/private reviev/ and comment. enacting the mall regulatins will be a positive step for the downtown management program and Downtown Plan implementation. Action RecOli1mend that trle City Council enact the revised ma 1 ordinance and that the City i1anager adopt the regulations temporarily, and nvite written public comment. - 07035 Attachments