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HomeMy WebLinkAboutOrdinance No. 20322 COUNCIL ORDINANCE NUMBER 20322 COUNCIL BILL NUMBER 4872 AN ORDINANCE CONCERNING THE DOWNTOWN AREA, AND AMENDING SECTIONS 3.344, 4.871 AND 4.872 OF THE EUGENE CODE, 1971. ADOPTED: May 24, 2004 PASSED: 7/0 REJECTED: OPPOSED: ABSENT: SOLOMON EFFECTIVE DATE: 30 days from date of Mayor's signature ORDINANCE NO. 20322 AN ORDINANCE CONCERNING THE DOWNTOWN AREA, AND AMENDING SECTIONS 3.344, 4.871 AND 4.872 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsections (2)(b), (3)(a), and (4)(a), (b) and (c) of Section 3.344 of the Eugene Code, 1971, are amended as follows: 3.344 Private Commerce on Public Propertv- Specific Authorized Activities. (1) Sidewalk Commerce. (a) Sidewalk commerce licenses shall be restricted to vending locations located within a geographical area on Kincaid Street from 100 feet north of 12th Avenue to 100 feet south of 13th Avenue. In assigning a vending location, the city shall consider the following: 1. Any license operating area requested by the applicant; 2. The licensed activities of any other sidewalk commerce enterprise in the same license operating area; 3. Other sidewalk uses in the license operating area; 4. The public health and safety, including the possibility of restricted visibility for persons using the public way; 5. Compatibility of the request with rules adopted under this chapter. (b) A vending location may be assigned upon compliance with section 3.338 of this code. (c) If the city manager finds that a sidewalk within a license operating area is being fully utilized for its primary purpose of pedestrian traffic, or that the issuance of a sidewalk commerce license will have an adverse impact on the primary use of the sidewalk because of existing levels of pedestrian use, the city manager may restrict or prohibit the issuance of sidewalk commerce licenses for a specified license operating area. (d) At no time shall the city issue more than six sidewalk commerce licenses for a license operating area. (2) Street Vendor. (a) A street vendor shall: 1. Sell, offer for sale, or distribute only the items approved by the city; 2. Conduct business only from a vehicle legally parked alongside the curb; Ordinance- 1_ 3. Comply with all applicable federal, state and local laws and regulations. (b) A street vendor shall not: 1. Conduct business in such a way as to restrict or interfere with the enjoyment or use of property by nearby property owners or occupants; 2. Increase traffic congestion or delay; 3. Create a hazard to life or property; 4. Stop on the traveled portion of any street or in any bicycle lane; 5. Stop in one location for more than fifteen minutes within the same hour while conducting business. (3) Outdoor Cafes. (a) The city manager or the manager's designee, may issue a permit for an outdoor cafe allowing the service of food or beverages within a public right of way provided the following conditions are met: 1. The permit applicant assumes all risks associated with the use of the right of way; 2. The permit applicant lawfully operates a restaurant adjacent to the right of way for which the applicant seeks a permit; 3. The owner of the restaurant property consents to issuance of the permit; 4. The permit applicant demonstrates that the use of the right of way will not interfere with existing utilities, pedestrian use of the right of way nor pose a hazard to vehicular traffic; 5. The permit applicant obtains all other necessary state and local permits; 6. If the applicant seeks to use the right of way in front of properties contiguous to the restaurant, the applicant demonstrates that a restaurant is a permitted use for the contiguous property and the owner of the contiguous property consents to the issuance of the permit; 7. The permit applicant demonstrates that the use of the right of way will comply with all ordinances and codes of the city including but not limited to the structural safety, sanitation and fire codes; 8. The permit applicant demonstrates that seating in the right of way will be provided for no more than 20 persons or, if seating is provided for a greater number that off-street parking as required by chapter 9 of this code is provided in a ratio of no less than one parking space for each 4 seats over and above 20. This subsection does not apply to outdoor cafb permits in the downtown activity zone, as that term is defined in section 4.871 of this code; Ordinance - 2 9. The permit applicant demonstrates that the proposed use of the right of way is not inconsistent with the use for which the right of way was dedicated to the city. (b) No outdoor cafe permit shall be issued for premises located within the downtown activity zone as defined by section 4.871 of this code except by an activity permit issued pursuant to section 3.341 of this code. (c) A permit issued pursuant to section 3.341 of this code may be temporarily suspended if the public interest requires use of the right of way for a public event, construction, repair, or any other purpose. (4) Downtown activity zone. Words and phrases used in this subsection shall have the meanings ascribed to them in section 4.871 of this code. (a) Except for participants in a city-sponsored event, no person or business shall conduct any of the following activities on public pedestrian areas within the downtown activity zone without first receiving an activity permit pursuant to section 3.341 of this code: 1. Any commercial pursuit except for personal solicitation, fund raising activities which do not involve the sale of goods, and street entertainment. 2. Placing a display or allowing a display in one's charge to remain. 3. An activity, event, or performance for which admission is charged, and that occurs in or upon a specific area of public property which the coordinator or sponsor desires to reserve for its exclusive use. 4. Creating or continuing a noise disturbance. (b) A permit shall be valid for the period of time specified on the permit, not to exceed six months, with the exception of a pushcart permit, which may not exceed one year. (c) Except for the sale of written material, distribution of written material may occur without obtaining an activity permit. Distribution of written material is allowed provided any person making the distribution removes all distributed material discarded or abandoned on any part of the downtown activity zone within 200 feet of each place where the written material was distributed. Such removal shall occur every four hours or when distribution ceases, whichever first occurs. Failure to promptly remove such material may result in the city performing the removal required of the distributor and billing and collecting the cost from any person responsible. Any person or organization which fails to remove discarded written material distributed by that person or organization shall have committed a violation of this code. (d) An owner or person in charge of property or a business located within the boundaries of the downtown activity zone shall keep Ordinance - 3 free from litter or other debris those portions of sidewalks that abut the property or business. Section 2. The definitions for "Authorized activity," "Commercial pursuits," and "Display" are amended, a definition for "Admission" is added, and the definitions are arranged in alphabetical order, to Section 4.871 of the Eugene Code, 1971, as follows: 4.871 Downtown Activity Zone - Definitions. For purposes of sections 4.870 to 4.872 of this chapter, the following words shall have the meanings ascribed to them by this section: Admission. A monetary fee charged for the privilege of attending, observing, or participating in an activity, event, or performance occurring in or upon public pedestrian areas in the downtown activity zone. "Admission" includes a monetary fee charged on a fixed basis or a donation basis. The charging of "admission" prevents those persons who have not paid the monetary fee from accessing the area in which the activity, event, or performance is occurring. Where access to the area is not restricted, "admission" does not include soliciting donations during an activity, event, or performance. Authorized activity. Any activity for which a downtown activity permit has been issued or a city-sponsored activity. City manager. The city manager or the city manager's designee. City-sponsored event. An activity carried out by a city employee in the performance of assigned duties or an activity authorized by the city manager or city council to use the city's name. Commercial pursuits. Any activity related to or connected with trade, commerce or fund raising involving the receipt of money or property, such as, but not limited to: advertising, displaying, distributing, selling, taking orders or offering to sell or take orders for goods or services; providing a place for customers to sit; fund raising activities; activities, events, and performances for which admission is charged; activities related to construction or demolition on abutting private premises. Display. Visual portrayals or physical objects affixed to or standing upon public property within the downtown activity zone, including but not limited to signs, pictures, markers, inscriptions, and objects that are inanimate or mechanically or electronically animated but which remain stationary in location. Downtown activity permit. A permit applied for and issued in accordance with section 3.341 of this code. Ordinance - 4 Downtown activity zone. Publicly-owned property and rights-of-way located within the area bounded by the centedines of Sixth Avenue, Lincoln Street, Eleventh Avenue, and High Street, including all public improvements located therein. Downtown core. Publicly-owned property and rights-of-way located within the area bounded by a line that runs from the intersection of 10th Avenue and Pearl Street, north to 8th Avenue, west on 8th Avenue to Lincoln Street, south on Lincoln Street to 10th Avenue, east on 10th Avenue to Charnelton Street, south on Charnelton Street to 11th Avenue, east on 11th Avenue to Willamette Street, north on Willamette Street to 10th Avenue, and east on 10th Avenue to Pearl Street, including sidewalks on both sides of the streets and avenues that define the area and all public improvements located therein. Fund raising. Actions which directly or indirectly request anything of value from persons with whom the requestor has not been previously associated as a family member, friend or companion, and the resulting proceeds are given to a person, entity or organization other than the person engaged in the fund raising activity. "Fund raising" does not include personal solicitation. Impede. To prevent progress or movement, or to engage in an activity that would deter a reasonable person from progressing or moving in the area of the activity. Interferes with. A person "interferes with" an authorized activity if that person does one or more of the following: (a) Enters in or upon and uses an area of the downtown activity zone which has been reserved for an authorized activity for a purpose other than in accordance with the authorized use; (b) Engages in conduct which imminently threatens to cause or causes a speaker or performer to cease speaking or performing or threatens to cause or causes an audience to be unable to hear the speaker or performer(s); (c) Except when viewing or participating in an authorized activity, engages in conduct within 20 feet of an authorized activity which prevents reasonable people with normal sensitivities participating in the properly authorized activity from carrying on a normal conversation. Newspaper dispenser. A box or other vending device that displays, holds or dispenses newspapers, flyers, brochures, pamphlets, newsletters or other written materials to the public, with or without requiring payment, and is intended to remain stationary in location. Noise disturbance. A noise disturbance which is plainly audible to two or more persons who are located within a room with all windows and doors to the outside shut which is in a building open for business and is located within Ordinance the boundaries of or is abutting the downtown core. The definitions of section 4.080(1) of this code shall apply to this definition. Permittee. Includes any person designated as the applicant in the application for the downtown activity permit and any employee, agent, representative or volunteer assisting with an authorized activity. Public pedestrian area. Any public sidewalk, alley, plaza, and park, excluding public areas under the primary control of entities other than the city. It also includes public streets during the time streets are closed to vehicular traffic for a city-sponsored or permitted event. Street entertainment. The conducting of, presenting, or participating in musical, theatrical, cinematic, choreographic or athletic performances for which no admission is charged, and no specific area of public property is reserved for its use. Written material. Any literature, pamphlet, packaging or similar material intended to communicate any message through writing. Section 3. Subsection (1) of Section 4.872 of the Eugene Code is amended by deleting subsections (e) and (j), and re-lettering subsections (f) and (g) to (e) and (f) respectively; and subsection (2)(g) of Section 4.872 of that Code is amended as follows: 4.872 Downtown Activity Zone - Prohibited Acts. (1) Except when approved as part of an authorized activity, the following acts are prohibited in the public pedestrian areas within the downtown activity zone: (a) Interfering with an authorized activity. (b) Impeding access to any public pedestrian area or to any public or private building adjacent to the public pedestrian area. (c) Engaging in a commercial pursuit, except for personal solicitation and street entertainment. (d)Placing a display. (e)Placing a newspaper dispenser: 1. Within ten feet of a street corner; 2. Within one foot of a street curb; 3. Within one foot of, or connected or affixed by any means to, a sidewalk fixture, such as a light pole, bicycle rack, planter, bench or art work; 4. Except with the permission of the person in charge of the building, between the central traveled portion of the adjacent sidewalk and any window abutting a public pedestrian area; or 5. Within the central traveled portion of the sidewalk or in any other location likely to impede pedestrian traffic. Ordinance - 6 (f) Setting up or operating a public address system or other amplified sound equipment. (2) In addition to the acts prohibited in subsection (1) of this section, except when approved as part of an authorized activity, the following acts are prohibited in the public pedestrian areas in the downtown core: (a) Climbing anytree. (b) Except for stairways, climbing any structure that is more than six feet in height on any side. (c) Climbing any structure in such a manner as to create a danger of personal injury or property damage. (d) Leaving a dog or other animal unattended, whether leashed or unleashed. (e)Creating or continuing a noise disturbance. (f) Entering into a landscaped planting area or acting in a manner harmful to any plant life, including walking, lying or sitting in a landscaped planting area. A "landscaped planting area" is any public area set aside for planting of trees, shrubs, flowers or other vegetation, except grass. (g) Setting up any temporary structures or enclosures, including but not limited to canopies, tents or tables, or restricting access to any portion of the public pedestrian area so that other persons may not freely enter such area. (h) Picking or cutting flowers or other vegetation from landscaped planting areas. (i) Allowing a child who is in one's charge and is under 12 years old to violate any provision of this section or of section 3.344. Section 7. 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 24th day of May, 2004. ~ day of ~.~ ,2004. Ordinance - ? CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mary Feldman, City Recorder Date: September 9, 2004 Subject: Scrivener Error Correction to EC 4.872 / Ordinance No. 20322 On May 24, 2004, Council took action on Ordinance No. 20322 concerning the downtown area and amending sections 3.344, 4.871 and 4.872 of the Eugene Code, 1971. Council amended the ordinance by striking language in section 4.872(2)(j) concerning a curfew. During preparation of the final ordinance, an error was made in the explanatory statement set out in Section 3, by stating that subsection (1)(j) be deleted, rather than (2)(1). We believe this was a scrivener error, and you are requested to correct the explanatory statement in Section 3 as follows: "Section 3. Subsection (1) of Section 4.872 of the Eugene Code is amended by deleting subsection[s] (e) [ard-~], and re-lettering subsections (f) and (g) to (e) and (f) respectively; and subsection (2)[(-g-)] of Section 4.872 of that Code is amended as follows:" If you concur with our conclusion, please revise the entry and attach a copy of this memorandum to Ordinance 20322. This correction is authorized by Section 7 of Ordinance 20322. If you have any questions, please do not hesitate to contact me. HARRANG LONG GARY RUDNICK, P.C. CITY ATTORNEYS JL:cmc cc: Robert M. Lehner RECEIVED SEP 1 0 2004 CITY RECORDER