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HomeMy WebLinkAboutAdmin Order 57-15-01-FADMINISTRATIVE ORDER NO. 57-15-01-F of the I.aibrary, Recreation & Cultural Services Department AMENDMENT OF THE CUTHBERT AMPHITHEATER HOUSE RULES AND REPEAL OF ADMINISTRATIVE ORDER NOS. 57-12-01-F, 57-14- 04 AND 57-14-06. The Executive Director of the Library, Recreation & Cultural Services Department (LRCS) of the City of Eugene finds that: A. Pursuant to the authority in Section 2.019 of the Eugene Code, 1971, and the authority delegated to the Executive Director of the Library, Recreation & Cultural Services Department by Administrative Order No. 57-95-01, on March 9, 2012, Administrative Order No. 57-12-01-F was issued adopting the Cuthbert Amphitheater House Rules. B. On July 9, 2014, 1 issued Administrative Order No. 57-14-04 which temporarily amended Cuthbert Amphitheater House Rule 1.020 (Use Regulations), mainly to address safety concerns surrounding items being brought into the venue by patrons. That temporary amendment was extended by Administrative Order No. 57-14-06, which will expire on June 17, 2015. C. On May 8, 2015, I issued Administrative Order No. 57-15-01 proposing to amend the Cuthbert Amphitheater House Rules to make the temporary amendment to Rule 1.020 a permanent amendment. D. Notice of the proposed amendments was given by making copies of the Notice attached to Administrative. Order No. 57-15-01 as Exhibit A available to any person who had requested such notice, and to any business which possessed a license issued pursuant to the Rule, and by publication of the Notice in the Register Guard Newspaper on May 18, 19, 20, 21, and 22, 2015. The Notice provided interested persons an opportunity of 15 days to submit data or comments on the amendments. E. No comments were received within the time or in the manner required by the Notice. Therefore, based upon the above findings, and pursuant to the authority of Section 2.019 of the Eugene Code, 1971, and Administrative Order Nos. 57- 95-01, Administrative Order Nos. 57-12-01-17, 57-14-04 and 57-14-06 are repealed, and the Cuthbert Amphitheater House Rules are amended to provide as follows: Administrative Order - Page 1 of 6 CUTHBERT AMPHITHEATER HOUSE RULES 1.000 SCOPE OF RULES. These rules are in addition to any applicable Park Rules. In the event of a conflict between a provision of a Park Rule and these rules, the provisions of these rules shall prevail. 1.005 AREAS COVERED. These rules apply to the Cuthbert Amphitheater area within Alton Baker Park, and to the concert zone that surrounds it. For purposes of this rule, "concert zone" means the area surrounding the Amphitheater and extending into Alton Baker Park, the boundaries of which shall be determined and designated by Cultural Services staff prior to each scheduled Amphitheater event, based on the type of event and anticipated size of the audience. The boundaries of the concert zone shall be clearly marked with signage and security personnel, or fencing or other visible barriers. 1.010 RESPONSIBILITY FOR ADMINISTRATION OF RULES. The responsibility for the use and operation of the City's cultural facilities and programs has been delegated to the LRCS Executive Director by the City Manager. Except for actions specifically required in these rules to be performed by the Executive Director or City Manager, Cultural Services employees are authorized to administer and enforce these rules. 1.015 ENFORCEMENT. These rules may be enforced by authorized City personnel, including Cultural Services employees, or by police officers. 1. Enforcement by Authorized City Personnel. (a) If a person violates one or more of these rules in the presence of authorized City personnel, City police officers, or other person in lawful charge of the premises, they may: 1. Request that the person cease the conduct that is violating the rules; or 2. Request that the person leave the Cuthbert Amphitheater and concert zone; or 3. Issue a Notice of Violation of Cuthbert Amphitheater House Rules to the person; or 4. Under the circumstances described in subparagraph (b) of this subsection, place the person under arrest for trespass. If such action is taken, the Administrative Order - Page 2 of 6 police department shall be contacted immediately for further action pursuant to subsection (2) of this section. (b) The authorized City personnel or other person in lawful charge of the premises may place the violator under arrest for trespass if the violator: 1. Fails to comply with a request by authorized City personnel or other person in lawful charge of the premises to leave, or 2. Is in violation of a previously issued Notice of Violation Of Cuthbert Amphitheater House Rules which excludes the violator from the Amphitheater, pursuant to subsection (3)(a) of this section,. (c) A Notice of Rule Violation issued by authorized City personnel pursuant to subsection (1)(a)3. of this section shall: 1. Specifically state the rule or rules alleged to have been violated; 2. Be signed by the department personnel issuing the notice; and 3. Contain a statement that a complaint may be filed in the Municipal Court of the City of Eugene. (d) Within 24 hours after issuing the Notice of Rule Violation to the violator, the authorized City personnel issuing the notice shall prepare a written report containing a clear and concise statement of the incident, the alleged violation, the names and addresses of any witnesses to the incident, and their statements, and shall deliver the report and a copy of the Notice of Rule Violation to the City Prosecutor, who shall determine whether a complaint shall be issued. (e) If the City.Prosecutor authorizes issuance of a complaint, it shall be signed and sworn to by the person issuing the Notice of Rule Violation in the manner other Municipal Court complaints are processed. The person signing the complaint shall be responsible for filing the original complaint with the Municipal Court; securing from the Court a citation with the appearance date and amount of scheduled bail affixed thereon; and thereafter delivering the citation to the police department for service upon the defendant. (f) After a complaint has been filed and served on the defendant, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 2. Enforcement by City of Eugene Police Officers. (a) In addition to any other existing authority for citation and/or arrest, if a violation of these rules takes place in the presence of a police officer, the violator may be subject to arrest by the officer, or, the officer may issue a misdemeanant citation in lieu of arrest. (b) A police officer may also take into custody or issue a misdemeanant citation for trespass to a person if the person is in violation of a previously issued Notice Administrative Order - Page 3 of 6 of Restriction of Use, or if the officer is contacted and advised that authorized City personnel or other person in lawful charge of premises has placed the violator under arrest for trespass for: 1. Failure to comply with a request by authorized City personnel or other person in lawful charge of the premises to leave; or 2. Violation of a previously issued Notice of Restriction of Use issued pursuant to subsection (3) of this section which excludes the violator from the Cuthbert Amphitheater. (c) If a violator is arrested or issued a misdemeanant citation by a police officer, the officer's report, together with the report of the person acting under subparagraph (b) of this subsection, if applicable, shall be promptly forwarded to the City Prosecutor, who shall determine whether a complaint shall be issued. (d) After a complaint has been filed and served on the defendant, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 3. Notice of Restriction of Use. (a) The City may, in its discretion, notify any person who engages in conduct that results in the person being asked to leave the Cuthbert Amphitheater and concert zone, being issued a Notice of Rule Violation pursuant to subsection (1)(a)3. of this section, or being arrested or cited by a police officer for any violation of Cuthbert Amphitheater House Rules, the Eugene Code, 1971, or state or federal law, that the person is prohibited from future use of the Cuthbert Amphitheater, and the person's entry therein or thereon will constitute trespassing. (b) Any person(s) using or renting the Cuthbert Amphitheater facility pursuant to a license or permit issued by the City may have that license, permit or permission revoked and may be immediately removed by authorized City personnel or a police officer if the person is in violation of these rules or of any term or condition of the license or permit. This remedy is in addition to any other remedies available under these rules or the license or permit. The City may, in its discretion, notify any person who engages in conduct that results in the person having a license or permit revoked and being removed, that it may thereafter refuse to accept applications for use or rental of the Cuthbert Amphitheater facility or may refuse to allow access to the facility by a person who violates these rules, state statutes, the Eugene Code, 1971, or any term or condition of a license or permit issued by the City. As used in this subsection, "person" includes, but is not limited to, a business, corporation, association or organization. Administrative Order - Page 4 of 6 (c) Notices restricting future use under subsections (3)(a) and (3)(b) of this section shall be issued by the Executive Director or designee, shall state the time period for which future use is prohibited, and shall set forth the reason(s) therefor. (d) Any notice that restricts a person's future use pursuant to subsections (3)(a) and (3)(b) of this section shall contain a statement advising of the right to request a hearing in the manner set forth in section 1.025 of these rules. 1.020 USE REGULATIONS. 1. An admission ticket is required for all patrons within the Amphitheater and concert zone except for children two years of age or under. 2. The use of any lighted smoking instrument or device, or the oral use of tobacco products (i.e., chewing tobacco) is prohibited except in designated smoking areas. As used herein, "smoking instruments or devices" include cigarettes, cigars, and pipes. 3. No video or recording devices are permitted. Camera policies are determined on a show -by -show basis based on the artist's request. 4. All carry -ins, such as backpacks, bags, etc., are subject to inspection. If a patron refuses to allow the inspection, the carry -in must be removed if the patron wishes to attend the event. 5. For the safety of all patrons, the following items are prohibited: 5.1 Glass and metal containers or cans; 5.2 Beverages brought in from outside the venue (empty plastic water bottles, unless specifically prohibited by the artist, are allowed and can be filled at water stations); 5.3 Weapons; 5.4 Fireworks or sparklers; 5.5 Animals, except for "service animals" as that term is defined in Section 4.330 of the Eugene Code, 1971; 5.6 Food brought in from outside the venue, except for food stored in clear, easily viewable, one -gallon Ziploc-style bags (one bag per patron); 5.7 Coolers of any size. 1.025 HEARING AND APPEAL PROCEDURE. 1. Persons who have received a notice issued pursuant to subsections (3)(a) or (b) of Rule 1.015 that restricts their future use of the Cuthbert Amphitheater may request a hearing on the notice. 2. The request for hearing must be in writing, and be filed with the Executive Director within 48 hours (exclusive of weekends) of receipt of the notice. Administrative Order - Page 5 of 6 3. The Executive Director or designee shall schedule a time and place for the hearing to be conducted, which. shall be not more than 72 hours (exclusive of weekends) of receipt of the request for hearing. 4. The hearing shall be informal, and the Executive Director or designee shall consider testimony from the City personnel involved in the incident that resulted in the notice, testimony from the person requesting the hearing, and testimony from any other witnesses to the incident. 5. At the conclusion of the hearing the Executive Director or designee may affirm, modify, or cancel the notice. A written copy of the decision shall be delivered or mailed to the person requesting the hearing on the date issued. The decision of the Executive Director or designee shall be final on the 11th day after it is issued unless prior to that time a notice of appeal is filed with the Executive Director pursuant to subsection 6 of this section. 6. An appeal from the decision of the Executive Director or designee shall be heard by a hearings official appointed by the City Manager, and shall be conducted in accordance with the provisions of Section 2.021 of the Eugene Code, 1971. The decision of the hearings official shall be final. PENALTIES. Violation of any provision of these Cuthbert Amphitheater House Rules adopted under Section 2.019 of the Eugene Code, 1971, is punishable by a fine not to exceed $500 or confinement in jail not to exceed 30 days, or both. In addition to, and not in lieu of such enforcement, the City Manager or designee may impose upon the violator an administrative civil penalty as provided in Section 2.018 of the Eugene Code, 1971. Dated and effective this 3 day of June, 2015. &',"c Y0 e�� Renee Grube LRCS Executive Director, AIC Administrative Order - Page 6 of 6