Admin Order 56-19-01-F - Laserfiche WebLink

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Exhibit A 2.Comments opposing the proposed Rule because people do not have anywhere else to go or sit. Findings:The City routinely works to find locations to install more benches within the DAZ.City designated seating,such as City installed benches,are exempt from the proposed Rule and that will allow for benches to be placed in locations that may leave less than the required 8-ft of clear space.Anyone utilizing these benches will be doing so in compliance with EC 4.872(l)(b).Sidewalks remain public space under this proposed Rule. There are tables and chairs in Kesey Plaza and the Park Blocks and additional benches in the Park Blocks,all of which are available for everyone to use,regardless of housing status. Additionally,the City is actively working to establish a day-center in or near the DAZ with the intent of having one open in the very near future.In response to these comments and in recognition that the City has not yet established a day-center near the DAZ,there will be 6-month education period during which time no citations will be issued for violating EC 4.871(l)(b)except in extreme,repeat offender situations. 3.Comments supporting the proposed Rule because an eight-foot clearance will make the DAZ sidewalks more accessible to everyone. Findings:No changes are being made to the proposed Rule as a result of these comments. 4.Comments expressing concern that some of the terms used in the proposed Rule are unclear,including whether the term "landscaped planting area"includes the metal grates in the sidewalks. Finding:As noted above,the intent of the proposed Rule is to provide clarity to certain undefined,or vaguely defined,terms.Understanding of both the Code and the proposed Rule will be achieved through public education.Regarding planted trees,EC 4.872(2)(f) specifically states that "landscaped planting areas"include public areas set aside for planting of trees,there is no exception for grated public areas set aside for planting trees. Subsequent to the original drafting of the proposed Rule,another provision in EC 4.872 has surfaced as needing additional clarification.Specifically,EC 4.872(l)(f)states: "Except when approved as part of an authorized activity permit,the following acts are prohibited in the public pedestrian areas within the downtown activity zone:...(f)Setting up or operating a public address system or other amplified sound equipment."While use of amplified sound equipment is often part of a larger,authorized event and use of the equipment is approved through the event's activity permit,based on EC 4.872(l)(f),a person my set up or operate a public address or other amplified sound equipment within the DAZ if that person holds a valid activity permit;that permit being solely to authorize use of the equipment,i.e.,not connected to a larger event.While there is an adopted $5.00 fee for an amplified sound permit,the process of obtaining,and the basis for issuing,a permit to authorize this activity is not clear.As such,the proposed Rule is being revised to provide clarity around the issuance of activity permits for purposes of operating public address and other amplified sound equipment within the DAZ. Exhibit A to Administrative Order 56-19-01-F -Page 2 of 4