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Ordinance No. 18617
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1980s No. 18550-19659
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Ordinance No. 18617
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Last modified
6/10/2010 3:41:31 PM
Creation date
5/21/2009 2:26:55 PM
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Council Ordinances
CMO_Document_Number
18617
Document_Title
An ordinance concerning defense to trespass; amending Section 4.805 of the Eugene Code, 1971; and declaring an emergency veto.
Adopted_Date
5/5/1980
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v~'ro <br />Before the City Council <br />of the City of Eugene <br />In re: The Adoption ~ <br />of ordinance No. lg~l] } LEGISLATIVE FINDINGS <br />Based on its own investigation, the staff reports, and the <br />testimony and evidence received regarding Ordinance No. , <br />the City Council adopts the fallowing findings and conclusions: <br />1. The population trend of the City in the past has been of <br />increasing population growth in outlying urban areas. <br />These populated areas have increasingly relied on large <br />shopping centers for much of their commercial needs. Shop- <br />ping centers which are large function as an equivalent <br />factually to general public business districts such as the <br />downtown mall. <br />2. These large shopping centers are typically in large enclaves <br />of private parking lots. In cases such as Valley River Cen- <br />ter and Oakway Mall there is no public property adjacent to <br />the mall area and the retail businesses. There are few <br />effective ways for consumers protesting shoddy or overpriced <br />merchandise, workers challenging substandard working condi- <br />tions, minority groups who.. seek nondiscriminatory hiring <br />practices, or others seeking to communicate political non- <br />commercial ideas about trade in particular goods or services <br />to communicate those ideas to their targeted audience if <br />contact between these groups is effectively barred. <br />3. Much of the communication .has to do with the very purposes <br />and uses to which these shopping centers exist-~~-ideas about <br />selling practices, working conditions, or hiring policies <br />that are unique to the particular shopping center. <br />4. Downtown businesses adjacent to public property do not <br />suffer from this immunity. They are subject to peaceful <br />commentary or picketing purely by reason of their location. <br />5. Shopping centers of the type covered by this ordinance invite <br />the public to use the mall areas for conversation and dis- <br />play activities which are not incident to the commercial <br />purposes of the shopping center. There have been, for example, <br />at Valley River Center a number of exhibitions, display.,: and <br />information booths from merchants or groups not leasing space <br />in the center. Thus, not only the size and history of use <br />Findings -~ 1 <br />
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