HomeMy WebLinkAboutOrdinance No. 20392
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COUNCIL ORDINANCE NUMBER 20392
COUNCIL BILL NUMBER 4953
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.
ADOPTED: September 24, 2007
PASSED: 6:2
REJECTED:
OPPOSED: Bettman, Taylor
ABSENT:
EFFECTIVE: October 26, 2007
ORDINANCE NO. 20392
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) During a period commencing four hours before the start of a scheduled
collegiate football game at Autzen Stadium and when 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 as depicted
on the map 4.190(4)(b) appended to this chapter and attached to
the ordinance amending this provision, 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 when
. 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;
6. Disorderly conduct will not be tolerated; and
Ordinance - 1
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
Penaltv
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 Penaltv.
(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
Ordinance - 2
to the civil penalty, the exemption provided under 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).
(4) 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
24th day of September, 2007
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Cit~e~2r:;U'--
Approved by the Mayor this
~ day of September, 2007
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Ordinance - 3
Map C - Autzen Area
Map 4.190(4)(b)
Eugene Police Department
Eugene, Oregon
9/18/2007 - SOL
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Map C - Autzen Area
Map 4.190(4)(b)
Eugene Police Department
Eugene, Oregon
9/18/2007 - SOL
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