CC Minutes - 11/24/03 Mtg - Laserfiche WebLink

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Councilor Pap6 asked if the Toxics Program could be combined with the City's Hazardous Materials Permitting Program. Mr. Potter agreed to provide the council with a memorandum from the City Fire Marshal regarding the topic. Councilor Solomon felt the questions and discussion underscored that the Toxics Right-to-Know Program did not work. She advocated for eventually returning it to the voters to allow them to determine if this was what they really wanted to impose on businesses in Eugene. Mayor Torrey sensed that the council was not prepared to act on this item and moved the meeting on to the next item. 5. ACTION: An Ordinance Concerning the Downtown Area, and Amending Sections 3.005, 3.344, 4.870, 4.871, 4.872, 4.990, 5.010, and 5.225 of the Eugene Code, 1971 Councilor Pap~, seconded by Councilor Nathanson, moved that the City Council adopt Council Bill 4851, an ordinance concerning the downtown area. Councilor Kelly thanked staff for several changes made to the draft of the ordinance in response to concerns raised at the public hearing both by the public and by the council. Councilor Kelly, seconded by Councilor Bettman, moved to delete sections 3.344(4)(a)(4) and 4.872(1)(e), and renumbering as appropriate. Speaking to the motion, Councilor Kelly stated that the two numbered provisions were the provisions that prohibited gatherings expected to draw 25 or more people without a permit. He conveyed his concern that the prohibition of spontaneous gatherings of 25 or more people within a 30-square block area of the City went against the long-held expectations of the community about citizen participation and expression. He thought that there were times that it was perfectly possible to plan ahead and attain a permit, but that breaking news could spontaneously inspire people to gather and there would not be the time to go through such a process. Noting that legal counsel had pointed out that the language regarding such a gathering had been in the code for some time, he asserted that the difference in the new ordinance was that the downtown area had been redefined and made much larger, so that such an ordinance affected a larger area and, therefore, warranted deletion. Councilor Kelly also asserted that such a provision was ripe for selective enforcement. Councilor Taylor agreed that the ordinance could lead to selective enforcement. She remarked that, should the downtown become busy and vibrant, things could spontaneously happen that would lead 25 or more people to gather out of interest. She opposed the entire ordinance. Councilor Bettman supported the ordinance, but said the requirement for a permit for a 25-person gathering was a %ticking point" for her. Noting the indication in the letter from legal counsel that it was constitu- tionally consistent to enforce such a rule as long as it was content-neutral, she stressed the importance of enforcing all activities equally. She wondered how the First Friday Artwalk or the annual holiday tuba concert would be treated under the limitation if they did not obtain a permit and stated that she did not want MINUTES--Eugene City Council November 24, 2003 Page 8 Regular Meeting