HomeMy WebLinkAboutAdmin Order 53-16-12ADMINISTRATIVE ORDER NO. 53-16-12
of the
City Manager
REISSUANCE OF TEMPORARY RULE REGARDING OVERNIGHT
SLEEPING ("REST STOP") PROGRAM REGULATIONS ADOPTED BY
ADMINISTRATIVE ORDER NO. 53-16-05.
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971 (EC) authorizes the City Manager to adopt
rules for administration of provisions of the Eugene Code. EC 2.019(5) authorizes the City
Manager to adopt temporary rules for a period of 180 days.
B. On September 25, 2013, the City Council adopted Ordinance No. 20517 which
established a temporary permitted overnight sleeping ("Rest Stop") pilot program allowing up to
15 persons to sleep overnight at approved City locations until March 31, 2014.
C. On November 26, 2013, I issued Administrative Order No. 53-13-13 establishing
temporary regulations to implement the Rest Stop pilot program until March 31, 2014.
D. Since the adoption of Ordinance No. 20517, the City Council has adopted
Ordinance No. 20547 which amended the pilot program's provisions to allow for the possibility
of up to 20 persons to sleep overnight at a specified site. Council has also extended the sunset date
of the Rest Stop pilot program, most recently by Ordinance No. 20563 which extended the program
until March 31, 2017.
E. Since the issuance of Administrative Order No. 53-13-13, due to Council's
amendment of the Rest Stop program and extension of the program's sunset dates, I have reissued
the temporary Rule regarding the Rest Stop program regulations, most recently by Administrative
Order No. 53-16-05. That Administrative Order will expire on October 5, 2016.
F. Council discussions that will be taking place in the upcoming months concerning
the Rest Stop program may result in the need to amend the Rest Stop regulations. While Rest Stop
options are being considered, it would be most efficient to reissue the temporary Rule adopted by
Administrative Order No. 53-16-05, so that the regulations will remain in effect for the duration
of the Rest Stop program adopted by City Council.
NOW THEREFORE, based on the above findings, and pursuant to EC 2.019(5), the
following standards shall become effective on October 5, 2016, and remain in effect until March
31, 2017, unless replaced earlier by an emergency rule, temporary rule, or permanent rule adopted
in accordance with the provisions of EC 2.019.
Administrative Order - Page 1 of 3
PERMITTED OVERNIGHT SLEEPING ("REST STOP")
PROGRAM REGULATIONS
For purposes of the implementation of Ordinance No. 20517 and 20547, the following
regulations are implemented for the Rest Stop locations ("the property") approved by City Council:
A. Property Provider/Site Manager Responsibilities:
1. The property provider/operator shall designate a site manager who shall be
responsible for providing supervision when provider is not present. Designation of a site manager
does not relieve the property provider/operator of responsibility to ensure compliance with the
Contract and these regulations.
2. A contract shall be executed providing for one or more portable toilets with weekly
cleaning, and weekly trash/recycling pick up.
3. The property provider/site manager shall maintain a roster of individuals who are
authorized to be at the property.
4. The property provider/site manager shall ensure that guests and visitors comply
with all provisions of these rules, the site agreement, and Ordinance No. 20517 and 20547.
B. Guest Responsibilities:
The following activities/items are prohibited from the property:
•Alcohol; illegal drugs
oWeapons
•Illegal activity
*Open flames, unless approved by the Fire Marshal.
•Loud music or other disruptive noise
• Overnight visitors
•Physical violence, intimidating or threatening behavior or language while on or
in the vicinity of the property; damage or harm to the property or property in the
surrounding area.
•Engage in behavior on or near the property that may negatively affect the peace
and enjoyment of the property and surrounding property for other overnight
sleepers or for neighbors.
•Children, except children who are accompanied by a parent or guardian during
daytime hours.
2. Only tents are permitted on the property, unless specifically approved in writing by
the City Manager or the Manager's designee.
Administrative Order - Page 2 of 3
3. The provider, guests and visitors shall comply with all applicable provisions of
federal, state and local laws, including the requirements of the fire code.
4. Guests shall keep personal property in the permitted tent.
5. Visitors are allowed only between 9 a.m. and 9 p.m. and are not permitted to bring
animals onto the property. Guests shall be responsible for the behavior of visitors while on the
property, and visitors shall adhere to all of the obligations of guests under these regulations. Not
more than 20 people, counting both guests and visitors, may be on the property between 9 a.m.
and 9 p.m.
6. Guests shall be selected by the property provider and may stay on the property until
the provider revokes that permission. If permission to remain on the property is revoked, the
guest(s) must immediately remove themselves and their property or risk citation for trespassing,
having their vehicle towed, at the owner's expense, and their property disposed of.
7. Guests shall deposit all garbage in waste receptacles provided by the property
provider/site manager or transport it off site and dispose of it lawfully, and shall keep the area
where they are sleeping clean.
8. Guests shall use bathroom facilities provided by the property provider/site
manager, or available to the public off-site.
Dated this t 1l ay of September, 2016.
Jon R. Ruiz `
City Manager
Administrative Order - Page 3 of 3