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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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6/10/2010 3:41:31 PM
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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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VETO <br />of such a center gives it the same function as the downtown <br />public business district but the activities conducted in <br />the mall of such centers by special request or design of <br />the mall managers contribute to such a parallel function. <br />~. Substantial public monies for city services extension and <br />favorable zoning have contributed to the efficacy of shop- <br />ping center malls. In a sense these centers could not exist <br />without this public investment which is of the size that <br />city government and shopping centers are in a sense a -- <br />partnership. And with that partnership came obligations <br />on the part of the owners of such shopping centers to behave, <br />in some ways, like governments--to allow an amount of free <br />speech to occur without unreasonable. restraints. <br />7. The City has various law enforcement priorities. This ordi- <br />nance de-emphasizes, as part of the City's prosecutorial <br />discretion, the prosecution of certain types of crimes. In <br />light of declining governmental revenues and the need to <br />focus police resources into serious crimes, it is appropriate <br />to decriminalize certain behavior such as the non-offensive <br />conduct here sanctioned. <br />S. In light of these reasons, the governmental partnership and <br />physical distance from public lands has occurred only in <br />the larger shopping centers of greater than 10,x04 square <br />feet in mall areas. The Centre Court and Atrium facilities <br />are close to public lands and have smaller mall areas of <br />4,500 and 6,50Q square feet respectively. The larger the <br />mall area the more the shopping center takes on the attri- <br />butes of a general public business district. <br />~. There are. mechanisms for the dissemination of commercial <br />speech which are adequate and available. Generally commercial <br />ideas are targeted to the public-~at--large and not a specific <br />audience, e.g., the users of a particular product or customers <br />of a particular store. There is no identifiable need for such <br />commercial activity at these shopping centers. General <br />rights to use public lands or other media for the dissemina- <br />tion of commercial speech are sufficient. <br />10. on the other hand, the alternatives for noncommercial speech <br />targeted to consumers or shoppers at a particular store at <br />these large shopping centers are not viable. Leafleting <br />at .the parking entrances might be unsafe, inconvenience <br />those beyond the target audience, and result in substantial <br />littering problems. Use of the general media by such no,n=:::-~~ <br />commercial speech advocates is expensive and unavailable to <br />those without substantial financial resources. <br />11. The operation of this ordinance will not reduce the value <br />of commercial activity at these shopping center malls. If <br />Findings - 2 <br />
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