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HomeMy WebLinkAboutAdmin Order 53-16-13ADMINISTRATIVE ORDER NO. 53-16-13 -of the City Manager REISSUANCE OF TEMPORARY RULE REGARDING OVERNIGHT SLEEPING ("DUSK TO DAWN") PROGRAM REGULATIONS ADOPTED BY ADMINISTRATIVE ORDER NO. 53-16-06. 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 November 23, 2015, the City Council adopted Ordinance No. 20559 which established a temporary permitted overnight sleeping ("Dusk to Dawn") pilot program allowing persons to sleep overnight between specified hours at approved City locations until March 31, 2016. C. On December 16, 2015, I issued Administrative Order No. 53-15-18 establishing temporary regulations to implement the Dusk to Dawn pilot program until March 31, 2016. D. On March 14, 2016, the City Council adopted Ordinance No. 20563 which amended the pilot program's provisions to allow the City Manager to, among other things, consider the seasonal sunset in determining the hours of permitted overnight sleeping at designated sites, and extended the program's sunset date to March 31, 2017. E. Since the issuance of Administrative Order No. 53-15-18, due to Council's amendment of the Dusk to Dawn pilot program and extension of the program's sunset date, I reissued the temporary Rule regarding the Dusk to Dawn program regulations by Administrative Order No. 53-16-06. That Administrative Order will expire on October 5, 2016. F. Council discussions that will be taking place in the upcoming months concerning the Dusk to Dawn program may result in the need to amend the regulations. While Dusk to Dawn program options are being considered, it would be most efficient to reissue the temporary Rule adopted by Administrative Order No. 53-16-06, so that the regulations will remain in effect for the duration of the Dusk to Dawn 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 ("DUSK TO DAWN") PROGRAM REGULATIONS For purposes of the implementation of Ordinance Nos. 20559 and 20563, the following regulations are implemented for the Dusk to Dawn locations ("the property") approved by City Council: A. Property Provider/Site Manager Responsibilities: 1. A property provider/site manager will be designated who shall be responsible for providing supervision during site operating hours. 2. Site will be occupied no earlier than 4:30 p.m. and no later than 7:30 a.m. in a 24 hour period. The City Manager, may adjust site operating hours upon considering, among other things, the seasonal sunset. However, the City Manager may not adjust operating hours such that sites are open earlier than 4:30 p.m. or later than 7:30 a.m. 3. Personal property will be stored in compliance with criteria set by the property provider/site manager and must be taken with guests when they vacate the site each day. 4. Provide one or more portable toilets with weekly cleaning, and weekly trash/recycling pick up. 5. Keep the site and surrounding property free from accumulation of trash or items left behind by guests. 6. Maintain a current roster of individuals who are authorized to be at the property ("guests"). 7. Shall open a site only after the City Manager has provided written authorization allowing the site to open. The written authorization shall include the number of people permitted to use the site, and any other regulations applicable to the specific site. 8. Make sure that the number of people at the site(s) between 4:30 p.m. and 7:30 a.m. does not exceed the number of people permitted by the City Manager's written authorization. 9. Ensure that guests comply with all provisions of these regulations and Ordinance No. 20559. 10. All applicable provisions of federal, state and local laws will be complied with, including the requirements of the fire code. B. Guest Responsibilities: The following activities/items are prohibited from the property: Administrative Order - Page 2 of 3 •Alcohol; illegal drugs • Weapons •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. *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. 2. Compliance with all applicable provisions of federal, state and local laws, including the requirements of the fire code. 3. Guests shall be selected by the property provider/site manager and may stay on the property until the property provider/site manager 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. 4. 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. 5. Guests shall use bathroom facilities provided by the property provider/site manager, or available to the public off-site. 6. Guests must comply with any additional rules or regulations not covered here but established by the property provider/site manager. C. Closure of Site by the City Manager. The City Manager may close a site at any time upon determining that allowing camping at a site would create or continue dangerous conditions or a threat to the public health, safety or welfare, or if the property provider/site manager fails to comply with these regulations or the provisions of Ordinance Nos. 20559 and 20563. Dated this ;&Oay of September, 2016. Jon R. Ruiz City Manager Administrative Order - Page 3 of 3