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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Concerning the Downtown Area; and Proposed Amendments to Sections 3.344, 4.871, and 4.872 of the Eugene Code, 1971 Meeting Date: May 24, 2004 Agenda Item Number: 4 Department: Police Department Staff Contact: Robert M. Lehner www. cl. eugene, or. us Contact Telephone Number: 682-5102 AGENDA ITEM SUMMARY This is an item for council action to amend the Eugene Code provisions concerning the Downtown area. The proposed changes include amending the definition of commercial pursuits, adding the definition of admissions and removing the permit requirement for non-commercial gatherings of over 25 people. BACKGROUND Council Action History Eugene Code sections governing activities on the downtown mall have been in place since 1972, and have been amended several times over the years. During some of the time that Eugene had a downtown mall, the code allowed a police officer to issue a notice of 60-day exclusion to persons who committed criminal offenses, and it also imposed a nighttime closure of Broadway, from Charnelton Street to Oak Street, between 1:00 a.m. and 6:00 a.m. These provisions were repealed by the sunset provision in Ordinance No. 20232. The most recent amendments, adopted on November 24, 2003, by Ordinance No. 20303 ("Downtown Ordinance"), eliminated all references to the former downtown mall and designated a downtown activity zone and a downtown core area. The Downtown Ordinance was designed to regulate behavior in the core area in a manner appropriate to a high-use, downtown commercial /residential area. The ordinance did not reinstate the previous mall exclusion and it reduced the area subject to the nighttime closure. In April 2004, the council held a work session, followed by a public hearing on May 10, 2004, regarding a proposal to amend the Eugene Code provisions regarding the downtown area. Policy Issues Should the Eugene Code sections concerning the downtown area be amended to remove regulations on activities and gatherings that are not related to commercial pursuits? Council Goal Action Priority The proposed ordinance addresses the council's "Safe Community" goal. It also supports efforts to retain "a high quality of life and a healthy economy" and to "manage growth and change in the urban environment" as expressed in the "Sustainable Community Development" goal. L:\CMO\2004 Council Agendas\M040524\S0405244.doc