Admin Order 21-18-07 - Laserfiche WebLink

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ADMINISTRATIVE ORDER NO. 21-18-07 of the City Manager ADOPTION OF EMERGENCY RULES CONCERNING PROHIBITING SMOKING ON PUBLIC RIGHTS-OF-WAY OUTSIDE OF DOWNTOWN CORE (OPT -IN), AND ALLOWING SMOKING IN DESIGNATED AREAS INSIDE OF DOWNTOWN CORE (OPT -OUT), PURSUANT TO ORDINANCE NO. 20603. The City Manager of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971 ("EC"), authorizes the City Manager or designee to adopt rules for implementation of any provisions of the Eugene Code, 1971. EC 2.019(6) authorizes the City Manager to adopt emergency rules without prior notice or hearing. B. On July 23, 2018, the City Council adopted Ordinance No. 20603 which amended EC 6.230 to: (1) provide that the City Manager may approve requests to create smoke-free areas on the public right-of-way adjacent to smoke-free properties outside of the downtown core (opt - in); (2) expand smoke-free areas in the City to include the public spaces (sidewalks, alleys, and plazas) within the defined area of the downtown core and provide that the City Manager may approve requests to create designated smoking areas in the downtown core (opt -out); and (3) provide that requests to "opt -out" or "opt -in" shall comply with Rules adopted by the City Manager under EC 2.019. Ordinance No. 20603 will become effective on August 24, 2018, C. Establishment of Emergency Rules are necessary in order to implement the Code provisions adopted by Ordinance No. 20603 which are intended to promote community health by reducing the exposure and impacts of secondhand smoke and cigarette litter. The Emergency Rules should be adopted without prior public notice pursuant to EC 2.019(6) due to time constraints in adopting permanent Rules by August 24, 2018 (the effective date of Ordinance No. 20603) in accordance with the provisions of EC 2.019. NOW, THEREFORE, based upon the above findings and pursuant to the authority of EC 2.019(6), I order that these Emergency Rules shall become effective immediately and remain in effect for a period of 180 days from the date this Order is signed unless replaced earlier by an emergency rule, temporary rule, or permanent rule adopted in accordance with the provisions of EC 2.019. SMOKING PROHIBITION OPT -IN AND OPT -OUT ADMINISTRATIVE RULE I. OPT -IN TO SMOKING PROHIBITION A. This rule implements Section 1 of Ordinance No. 20603 by setting out how a property owner of a property where smoking is prohibited by subsections 6.230(2)(a) -- (p), or a Administrative Order - Page 1 of 2