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HomeMy WebLinkAboutItem 3: Ordinance Concerning Consumption or Possession of Alcohol in Public ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing:An Ordinance Concerning Consumption or Possession of Alcohol in Public Places, and Amending Sections 4.190, 4.990, and 4.996 of the Eugene Code, 1971 Meeting Date: September 10, 2007 Agenda Item Number: 3 Department: Eugene Police Staff Contact: Captain Pete Kerns www.eugene-or.gov Contact Telephone Number: 682-5252 ISSUE STATEMENT This is a public hearing to discuss a proposed amendment to the Eugene City Code (EC 4.190) that would allow public alcohol consumption at certain properties around Autzen Stadium on home football game days, provided they comply with certain conditions. The amended ordinance would resolve the disparity in which a City Code exemption exists for people tailgating in the Autzen Stadium parking lot, but not for those in neighboring, private pay-for-use lots, and correct an enforcement dilemma in which standards are enforced throughout the city but not around Autzen Stadium on home football game days. BACKGROUND On February 26 and July 23, 2007, City Council held work sessions to discuss options for addressing tailgating activities near Autzen Stadium on UO football home game days. The Eugene City Code currently exempts Autzen Stadium on scheduled home football game days from the City Code prohibition of alcohol consumption in a public place and on private property. This City Code exemption currently does not extend to neighboring properties where similar activity occurs. Over the last decade, as the university has expanded facilities adjacent to Autzen Stadium and increased the seating capacity of the stadium, the available parking area at Autzen has been reduced. As a result, game day parking, and the associated tailgating parties, have gradually spread to private pay-for-use parking areas within walking distance of the stadium. These additional parking areas do not currently receive an exemption from the City’s ordinance concerning consumption or possession of alcohol in public places. The amended ordinance would resolve the disparity in which an exemption exists for people tailgating in the Autzen Stadium parking lot, but not for those in neighboring, private pay-for-use lots, and correct an enforcement dilemma in which standards are enforced elsewhere throughout the city, but not around Autzen Stadium on home football game days. The Council asked staff to bring forward a recommendation to resolve this issue. Research to develop a recommendation acknowledged that the City’s police resources are limited on game days and minimal enforcement of alcohol violations is possible. In addition, the City does not have the capacity to significantly add to its permitting and licensing responsibilities. Adding to those concerns were the number of not-for profit organizations that fund programs through pay-for-use parking on game days. Due to these limitations, the proposed solution brought to City Council in July relied on public information to educate the tailgating public as to the special circumstances that allow tailgating, rather than utilizing a purely regulatory approach to resolve the issues. F:\CMO\2007 Council Agendas\M070910\S0709103.doc At the July 23 work session, some Council members asked staff to develop a new area of exemption that eliminates some of the residential areas and the large open areas of Alton Baker Park. The new map defines a much smaller area and is provided as Attachment B. Research has determined that some tailgating is currently taking place in the small boot-shaped area adjacent to the Riverfront Parkway on the south side of the Willamette River. Since the area has been used previously, it has been included in the staff’s proposed area for exemption. Due to timing issues associated with the public hearing, the proposed ordinance draft, attachment A, could not be altered to describe any changes in the area covered by the exemption of the proposed ordinance. Council may move to modify the area of exemption from what was proposed at the July 23 work session to the new smaller area defined in the map attached as exhibit B. Following the July 23, 2007 work session to address Council recommendations, some changes were made to the proposed ordinance and are included in attachment A. These include: ?Clarification at the beginning of 4.190 subsection (4) (b) that the private property was property extended for use as a parking facility not covered in subsection (4) (a). This change was made to restrict the exemption to parking areas, eliminating buildings, homes, etc., which could be within the boundaries of the area covered by the ordinance. ?Adding subsection (4) (b) 5-6. These additions describe actions that are not allowed in the exempted area such as providing alcohol to minors and the consumption of alcohol by minors. ?Adding subsection (4) (b) 7, which states that persons who violate the law or create a nuisance can be evicted and lose parking privileges pursuant to the authority of the property owner or parking lot operator. Concern was expressed by some City Councilors regarding the university’s willingness to provide similar information to tailgaters using their facilities. The question of fairness between what is allowed in the Autzen parking lot and at neighboring pay-for-use lots was important to several council members as well as community members, affected not-for-profit organizations, etc. The university has indicated that they are interested in continuing their educational approach to tailgating and ticket-holder behavior and could provide similar information to tailgaters using their facilities. The new standards include the promotion of more responsible behavior by tailgating fans. RELATED CITY POLICIES Eugene Code (EC 4.190) currently prohibits public consumption of alcohol on a number of properties where it now occurs on home game days. Equal application of the law or a change in code would ensure the City maintains the integrity of its code. COUNCIL OPTIONS Following the public hearing, the City Council may: 1.Schedule action on the proposal for a future meeting. 2.Direct staff to amend the proposed ordinance and schedule action for a future meeting. 3.Take no action at this time; public consumption of alcohol will remain restricted to the area currently exempted by ordinance. 4.Remove the exemption currently provided through City Ordinance 4.190 and thus eliminate consumption of alcohol at Autzen Stadium on home football game days. F:\CMO\2007 Council Agendas\M070910\S0709103.doc An amendment to the existing ordinance that would grant an exemption to City Ordinance 4.190 for pay-for-use parking lots neighboring the University of Oregon football stadium is included in the packet as attachment A. The expanded exemption is similar to that presently granted to the University of Oregon for the Autzen parking lot. Property owners or managers would be eligible for the exemption only when showing compliance with conditions intended to manage problems associated with unregulated public consumption of alcohol. The amended ordinance would require pay-for-use parking lot operators to post signs and distribute handbills to individuals and groups using their facility to clearly communicate: Consumption of alcoholic beverages is allowed on the property only during the following time -- o four hours before the start of the game and up to two hours following the end of the game. Providing alcohol to minors and consumption of alcohol by minors is prohibited. o The sale of alcohol is prohibited. o Disorderly behavior is not tolerated. o Violations regarding tailgating may result in eviction or loss of future parking privileges. o Violations regarding tailgating may be reported to the City of Eugene. o The City Code change would apply only on home football game days for pay-for-use parking lots in the area as depicted on the map submitted as attachment B. Documented violations would result in fines and, after the third violation in a 12-month period, the property would lose the tailgating exception. For the following 12 months after the third violation, the property would be subject to the City’s normal public consumption regulations, making it illegal for anyone to consume alcohol on the property unless exempted by another provision of the Code. Investigation of complaints and enforcement of new standards would be handled by the Planning and Development Department. Eugene Police would retain responsibility for enforcing local and state laws for disorderly conduct, minor in possession and illegal alcohol sales. CITY MANAGER’S RECOMMENDATION The City Manager recommends that City Council adopt Option 2, above, which would change the boundaries as depicted on attachment B and provide for council action on September 24, 2007. SUGGESTED MOTION Move to amend the ordinance by substituting the phrase: "as depicted on map 4.190(4)(b) appended to this chapter and attached as exhibit A to the ordinance amending this provision," for the phrase: "by Coburg Road on the west, the Willamette River on the south, Interstate 5 on the east, and Intrastate 105 on the north.” ATTACHMENTS A.Draft ordinance revising Eugene Code 4.190 B.Map of Autzen area FOR MORE INFORMATION Staff Contact: Captain Pete Kerns Telephone: 541-682-5252 Staff E-Mail: pete.m.kerns@ci.eugene.or.us F:\CMO\2007 Council Agendas\M070910\S0709103.doc Attachment A ORDINANCE NO. __________ AN ORDINANCE CONCERNING CONSUMPTION OR POSSESSION OF ALCOHOL IN PUBLIC PLACES, AND AMENDING SECTIONS 4.190, 4.990, AND 4.996 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection (4) of Section 4.190 of the Eugene Code, 1971, is amended, to provide: 4.190 Consumption or Possession in Unlicensed Public Places Prohibited . (4) [Malt beverages and alcoholic liquors may be drunk or consumed in the parking lot immediately adjacent to Autzen Stadium d] During a period commencing four hours before the start of a scheduled collegiate football game at Autzen Stadium and ending two hours after the game is completed[.], malt beverages and alcoholic liquors may be drunk or consumed: (a) In the state-owned parking lots immediately adjacent to Autzen Stadium; and (b) On property extended for use as a parking facility not covered by subsection (4)(a) and located within the area bounded by Coburg Road on the west, the Willamette River on the south, Interstate 5 on the east, and Intrastate 105 on the north, provided the responsible person, who may be the property owner or person with authority over parking operations on the property, has posted signs at each entrance to the property and distributes to each driver using the property a handbill, containing the following language: 1. It is illegal to consume alcoholic liquor or possess an open alcoholic beverage container in a public place or on private property extended to the public for use; 2. An exemption is provided for the consumption of alcoholic beverages on this property during the time period commencing four hours before the start of a scheduled collegiate football game at Autzen Stadium and ending two hours after the game is completed; 3. The exemption applies only to the parking area on this property; 4. Providing alcohol to minors and consumption of alcohol by minors is prohibited; 5. The sale of alcohol is prohibited; F:\CMO\2007 Council Agendas\M070910\S0709103.doc 6. Disorderly conduct will not be tolerated; and 7. Persons violating the law or creating a nuisance are subject to eviction and loss of parking privileges pursuant to the authority of the property owner or parking lot operator. The type-face for the signs shall be clear and legible and use a type- face with letters at least two inches high. The type-face for the handbills shall be clear and legible and use at least a 12 point font. The exemption authorized by this subsection (b) applies only to property of responsible persons, who may be property owners or persons with authority over parking operations on the property, who have requested the exemption using a form developed by the City. The request form shall require the property address where the exemption will apply, the name of the responsible person, and the mailing address for the responsible person. It shall be the responsible person’s obligation to update the mailing address by informing the City of any changes. Exemptions are not transferable. Section 2. The matrix in Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by adding the following in numerical order therein: 4.990 Penalties - Specific . (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each: Section Penalty 4.190(4)(b) See 4.996(3) Section 3. Subsection (3) of Section 4.996 of the Eugene Code, 1971, is renumbered (4), and a new Subsection (3) is added thereto, to provide: 4.996 Administrative Civil Penalty . (3) Upon a determination by the city manager, or the manager’s designee, that a responsible person failed to request the exemption allowed under section 4.190(4)(b) and allowed drinking, or failed to post the signs or distribute the handbills containing the information as required by section 4.190(4)(b), the city manager may impose upon the violator an administrative civil penalty. A first violation is subject to a fine of $200. Second and subsequent violations are subject to fines of $500. Upon the imposition of a third civil penalty to the same responsible person within a period of 12 months from the first penalty imposed, in addition to the civil penalty, the exemption provided under F:\CMO\2007 Council Agendas\M070910\S0709103.doc section 4.190(4)(b) shall be revoked for a period of one year. Upon the expiration of the one year period, the responsible person may again make a request for the exemption as provided in section 4.190(4)(b). (34) In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this section constitutes a violation of this code. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971 to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ____ day of ____________, 2007 ____ day of _____________, 2007 ___________________________ ____________________________ City Recorder Mayor F:\CMO\2007 Council Agendas\M070910\S0709103.doc