HomeMy WebLinkAboutAdmin Order 58-17-07-FADMINISTRATIVE ORDER NO. 58-17-07-F
Public Works Department
City of Eugene, Oregon
AMENDMENT OF THE CITY'S PARK AND OPEN SPACE RULES AND
REPEAL OF ADMINISTRATIVE ORDER NOS. 58-16-05-F AND 58-17-04.
The Executive Director of the Public Works Department of the City of Eugene finds
that:
A. Section 2.019 of the Eugene Code, 1971 authorizes the City Manager to adopt rules
for administration of provisions of the Eugene Code. Pursuant to the authority of Administrative
Order No. 21-03-12 issued by the City Manager, the Executive Director of the Public Works
Department is authorized to regulate City parks, protect park visitors and the park environment,
and adopt rules regarding the use of parks.
B. On September 9, 2013, the City Manager issued Administrative Order No. 21-13-
01 reaffirming me as the Executive Director of the Public the Works Department.
C. On April 18, 2016, 1 issued Administrative Order No. 58-16-05-F adopting the
City's Parks and Open Space Rules. On March 16, 2017, 1 issued Administrative Order No. 58-
17-04 adopting a temporary amendment to the Park Rules by adding subsection (10) to Rule 1.030
to establish regulations specific to unauthorized vehicles parked overnight in parks. That
temporary Rule will expire on September 12, 2017, and is included in these proposed Rule
amendments to be adopted as a permanent Rule.
D. On May 2, 2017, 1 issued Administrative Order No. 58-17-07 proposing to amend
the Park Rules as, generally, described below:
1. ' Park Rule 1.004 (Use Permits). Require that a Special Event Permit be
obtained if an event will use amplified sound for any period of time, eliminating the current
two hours of amplify sound threshold.
2. Park Rule 1.007 (Possession or Consumption Alcoholic Liquor).
(a) Eliminates the current distinction between hard liquor and other
alcoholic liquor.
(b) Unless authorized under a Standard Use Pen -nit or a Special Event
Permit, the possession and consumption of all alcoholic liquor in all parks is
prohibited.
(c) Unless permitted by authorized City staff, the possession and
consumption of alcoholic liquor at or near the Alton Baker Park Disc Golf Course
and BMX Track is prohibited.
3. Park Rule 1.010 (Prohibited Activities).
(a) Remove the prohibition on commercial photography and filming at
I lendricks Park and Owen Rose Garden.
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(b) Prohibit assembling, disassembling and distributing bicycles or bicycle
parts without City permission. Restrict the number of bicycles and bicycle parts
that may be in a person's possession.
4. Park Rule 1.030 (Vehicles). Require that vehicles be parked within parking
lines and that they occupy only one parking space unless written permission is obtained
from City. Provide that unauthorized vehicles in parks after closure are subject to being
cited for violation of Park Rules and towed at owner's expense.
5. Park Rule 1.045 (Community Gardens
). Remove the provision for a Site
Coordination Team. Change the schedules for submission of plot permits. Amend plot
use requirements.
6. Park Rule 1.050 (Pets). Prohibit dogs weighing over 25 pounds from being
in the "Small Dog" off -leash areas.
E. Notice of the proposed Rule amendment was published in the Register -Guard on
May 4, 5, 6, 7 and 8, 2017, and was made available to any person who had requested such notice.
The proposed amendments were also made available for review at the City's Public Works
Department, and on the City's website. The Notice provided that written comments would be
received for a period of 15 days from the first publication date of the Notice. A summary of the
comments received, and my findings addressing the comments, are set out below:
1. Comments revrdin2 eliminatin1l the two hour amplified sound threshold for
Special Event Permits (Rule 1.004). A few comments were received asking that rules not be
loosened to allow more, or any, amplified sound in parks. One comment was received from an
event organizer who didn't want to incur additional permit fees for amplified sound.
Findings. The amendment will not change the amount of amplified sound allowed in
parks. Instead, it will require that a Special Event Permit be obtained if amplified sound is used
for any amount of time, rather than requiring the Permit only if amplified sound is used for more
than two hours. Although this amendment will impact events that will use amplified sound for
less than two hours, the amendment is necessary to enhance the enjoyment of the park by other
park users. No changes are being made to this proposed Rule amendment as a result of these
comments.
2. Comments re$!ardin11 prohibition of alcohol consumption without written
permission (Rule 1.007). A couple comments were received supporting a ban on alcohol in parks,
citing that groups imbibing tend to get more noticeable and loud with time. Many comments
received were opposed to a ban of alcohol in all parks. Comments submitted opposing a ban
included the following points:
• If the problem with alcohol in the parks is attributable to criminals, or the unhoused, or
another sub -set of the public, please find another means of addressing it.
• Alcohol in parks helps build community in neighborhoods through informal
neighborhood gatherings.
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• Alcohol ban seems to target the homeless.
• Prohibiting wine in parks is one more attack on simple pleasures for ordinary citizens.
• Costs of permit and insurance for alcohol at a small neighborhood or family gathering
is a deterrent.
• Other laws currently exist to prevent the unruly behaviors and safety concerns.
• Requiring a permit for alcohol at neighborhood and family gatherings would be time
consuming and onerous, and would discourage these gatherings.
• Passing rules and laws that won't be enforced emboldens this small group of people
who blatantly commit offences due to a lack of consequences.
• Instead of making more laws targeting one group of people, why aren't you providing
places for them to shelter?
Findings. As a result of these comments, the proposed Rule prohibiting alcohol
consumption in all parks without written permission is withdrawn. However, the proposed
amendment to prohibit the possession and consumption of alcoholic liquor at or near the Alton
Baker Park Disc Golf Course and BMX Track without permission is being adopted as proposed.
City staff plan to meet with park user groups to discuss this issue further.
3. Comments regarding prohibited activities (Rule 1.010):
(a) Removing prohibition on commercial photography and filming at Hendricks
Park and Owen Rose Garden. A couple comments received supported removing the prohibition
on commercial photography and filming at Hendricks Park and Owen Rose Garden; the
commenters saw no reason not to allow it. In addition, it might generate revenue for parks. One
comment was received opposing commercial photography and filming in Hendricks Park because
it is already overcrowded.
Findings. Removing the prohibition on commercial photography and filming in Hendricks
Park and Owen Rose Garden will eliminate the discrepancy between allowed activities in these
two parks and the rest of the park system and the elimination is consistent with other Park Rules.
No changes are being made to this proposed Rule amendment as a result of these comments.
(b) Prohibit assembling, disassembling and distributing bicycles or bievele parts
without City permission. Restrict number of bicycles and bicycle parts in person's
possession. A couple comments were received in support of this proposed Rule citing the extreme
bike theft problem in Eugene. A couple comments were received in opposition to the proposed
Rule citing that unhoused people who rely on bikes for transportation need to be able to make bike
repairs in public without law enforcement intervention.
Findings. The proposed Rule will allow up to four bikes, or three bikes with parts missing,
which should not adversely impact a person's access to transportation by bike and does not apply
to anyone that needs to fix their own bike, even if that means taking it apart. It addresses larger
scale dismantling and distribution of bikes and bike parts and the refuse it leaves behind. No
changes are being made to this proposed Rule amendment as a result of these comments.
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4. Comments regarding requirement that vehicles be parked within marked parking
spaces and occupy only one space and that unauthorized vehicles left in parks after closure
are subject to citation and towing (Rule 1.030), Only a few comments were received regarding
this proposed Rule amendment. Comments from those opposed cited lack of enforcement of rules
and that obtaining a permit to use for more than one parking spot seemed like an undue burden on
someone with an RV or trailer who wants to stop in at a park. Comments supporting proposed
Rule made the following points:
• Parking at Alton Baker Park is now difficult with all the RV's and trailers parked there.
• Vehicles parked overnight should be ticketed.
• The parking rule changes are long overdue!
Findings. This Rule amendment is necessary in order to provide equity to the other park
users by not allowing large vehicles to monopolize the parking lots.
5. Comments Regarding prohibiting dogs weighing over 25 pounds from being in the
"small dog" off -leash area (Rule 1.050). The majority of comments support a 251b. weight limit
for the small dog area. Comments submitted in support included the following points:
• I do support the large dog restrictions at the small dog park. Looking at behavior rather
than size may be better.
• I started this dog park with a handful of others. We did so much research to get this small
dog park started. A twenty five pound rule saves lives. It protects our small dogs. The
research supports it. Please make it so.
• Several comments stated safety of very small dogs from larger more aggressive dogs as an
important need for the weight limit.
• This weight limit is needed and is keeping with the intent to keep small dogs safe, which
is why a group of us came together to ask the City to allow us to build the small dog area.
A few comments were received in opposition to a 251b. weight limit for the small dog area and
included the following points:
• A weight limit is arbitrary and that they want to bring a larger dog with "good"
temperament or a puppy or elderly dog. One also suggested a height limit of 14 inches at
shoulders instead of weight -as small short legged dogs can weigh over 25 lbs. but be
attacked by larger dogs.
• The weight limit should be 35 lbs. instead of 25 lbs.
Maybe make the 'small dog' area a'small dog, puppy & timid dog' area?
Findings. Most of the comments received were in support of a 251b. weight limit for the
small dog area. This Rule amendment will provide more safety for small dogs. No changes are
being made to the proposed Rule amendment as a result of these comments.
6. Comments concerning the Park Rule amendments as a whole. A few comments
were received in support of all proposed Rules.
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Findings. No changes to the proposed Rule amendments are necessary as a result of those
comments.
BASED UPON the above findings and the findings in Administrative Order No. 58-17-
07, and pursuant to the authority of Section 2.019 of the Eugene Code, 1971, and Administrative
Order No. 21-03-12, 1 order:
1. The unamended provisions of the Park and Open Space Rules adopted by
Administrative Order No. 58-16-05-F remain in full force and effect and are incorporated into the
amended Park and Open Space Rules set out in this Order.
2. Administrative Order Nos. 58-16-05-F and 58-17-04 are repealed as of the effective
date of this Order.
3. The Park and Open Space Rules are amended and adopted to provide as follows:
PARK AND OPEN SPACE RULES
1.000 PARK AND OPEN SPACE AREAS COVERED.
The following rules shall apply to all park property and facilities thereon belonging
to the City of Eugene, including park property and facilities outside the corporate limits of the City
and County parks within the corporate limits of the city, except park property and facilities for
which other specific rules or regulations have been adopted. The following rules also apply to all
"open space" areas. For purposes of these rules, "open space" areas include all natural areas owned
or leased by the City and managed for their natural resource value by the City's Parks and Open
Space Division of the Public Works Department. References herein to "park," "park area," or
"open space" shall be deemed to include, where applicable, any facilities located thereon or
recreational programs conducted therein or thereon.
1.002 RESPONSIBILITY FOR ADMINISTRATION OF RULES.
Responsibility for the acquisition, maintenance, use and operation of City parks,
park lands, open space areas, park facilities, and recreation programs has been delegated by the
City Manager as follows:
(1) To the Executive Director of the Public Works Department:
(a) The authority under Section 2.019 of the Eugene Code, 1.971 to
promulgate park rules;
(b) The responsibility for the acquisition, maintenance, use and
operation of City parks, park lands, and open space areas.
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(2) To the Executive Director of the Library, Recreational & Cultural Services
Department (LRCS) the responsibility for the administration, use and operation of park facilities
and recreation programs.
Therefore, references to "Executive Director," "City," and "authorized City personnel" in these
rules shall be deemed to include the Executive Director of Public Works and personnel from that
department. It shall also be deemed to include the Executive Director of LRCS and personnel of
that department when the use, conduct or authority involves recreation programs or activities, or
park facilities directly associated with those recreation programs or activities.
1.003 HOURS PARKS AND OPEN SPACE AREAS ARE CLOSED.
(1) Unless a specific exemption has been granted by the City Council, between
the hours of 11:00 p.m. of one day and 6:00 a.m. of the succeeding day, no person other than law
enforcement or authorized personnel shall be in a park or open space unless driving, bicycling,
walking, or otherwise moving through the park or open space on lawful business within the public
street right-of-way or officially -designated bicycle path or sidewalk, or authorized to be in the park
or open space by the City Manager or the City Manager's designee. In addition to any closures or
reductions in services dictated by budgetary constraints, the Director of Public Works may
temporarily close all or any portion of a park, open space, or facility upon finding that conditions
that threaten the welfare or safety of nearby residents exist, and the need to preserve their welfare
and safety outweighs the public's right of access to the park, open space, and/or facility. The
Director of Public Works' determination shall be by Administrative Order, shall contain the
required findings, set forth the specific area that is closed. to entry, the date of closure, and the date
upon which it will be reopened. Clearly visible signs shall be posted at park or open space entry
points and such other locations deemed appropriate by the Director of Public Works advising the
public that entry is prohibited and the penalty for violation. No person other than law enforcement
officers or authorized personnel may enter or remain within a park, open space, or facility during
the closure period set forth in the Director of'Public Works' order.
(2) In addition to a closure ordered under Subsection (1) of this Section, the
Director of the Public Works Department may restrict vehicular access to City parks or open space
during regular open hours upon finding that such restriction is necessary for the preservation of
the health, welfare and safety of the citizens of the City of Eugene. Upon such a determination,
the gates at park or open space entry points may be closed, and appropriate signs posted indicating
the hours that vehicular access is prohibited. A closure under this Subsection shall not limit the
public's right of non -vehicular access to a park or open space between 6:00 a.m. and 11:00 p.m.
1.004 USE PERMITS
(1) Permit Required. Unless specifically authorized by the City pursuant to a
written agreement, license, permit or other Administrative Rule., no person may conduct a public
assembly, private gathering, parade, picnic, or other event involving more than 20 individuals in a
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City park, open space or park facility without first obtaining either a Standard Use Permit or a
Special Event Pen -nit,
(a) A request to use a City park, open space or park facility must be
submitted to the Public Works Department (1820 Roosevelt Blvd., Eugene, OR
97402) by completing an application form provided by the City. The application
must be accompanied by an application fee as established by Administrative Order
of the City Manager pursuant to section 2.020 of the Eugene Code, 1971. The City
will not accept an application for processing it if is not accompanied by the required
application fee. Application fees for Standard Use or Special Event permits are not
refundable. If an event is canceled, facility rental fees are refundable in the manner
prescribed by Administrative Order of the City Manager. Applicants requesting to
use a City park, open space or park facility multiple times for a reoccurring
Standard Use Permit event need only submit one application form and fee per
month.
(b) Permit applications must be accompanied by a signed statement (on
a form provided by the City) providing that the applicant will defend, indemnify
and hold harmless the City, its officials, agents and employees, for all claims of
injury to property or persons that may arise as a result of any activity occurring at
the event for which the applicant seeks a City permit.
(c) Except as provided in subsection (d) below, permit applications will
be accepted only for the current calendar year and permit applications will be
processed in the order of receipt, beginning on the first working day in January.
The order of receipt of applications received prior to 9 a.m. on the first working day
in January shall be determined by lottery.
(d) The City will accept permit applications for the next calendar year
if the applicant can demonstrate that the subject event has been permitted by the
City for the last three consecutive years at a specific location on a specified
weekend or specific date(s). The City will accept these applications no sooner than
the December prior to the year of the event.
(e) A person must obtain a Standard Use Permit to reserve a City park,
open space or park facility for private gatherings of invited guests, such as
weddings, bar mitzvahs, birthday parties, scheduled business gatherings, etc.
(f) A person must obtain a Special Event Permit to hold an event in a
City park, open space or facility if the event will:
1. Have a controlled admission; or,
2. Require the erection of canopies, tents, booths, or stages; or,
3. Be advertised as a public event; or,
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4. Amplify sound; or,
5. Use a park or open space facility as a staging site for a
public event.
(g) Use permits will be issued consistent with park classifications and
in accordance with this subsection. Park classifications are shown on Map I of the
City's Parks, Recreation and Open Space Project and Priority Plan, adopted by City
Council Resolution No. 4863.
1. Neighborhood parks are intended to primarily serve
residents living within a '/2 mile radius of the park; on-site parking is not
generally provided. Unless the event receives endorsement from the
governing neighborhood association, the City will not issue a use permit for
a neighborhood park if the anticipated attendance of the proposed event will
exceed 250 people or if the event is being advertised as a community -wide
event.
2. Community parks are intended to serve the meeting and
recreational needs of more than one neighborhood; on-site parking is
generally provided. If a person applies for a neighborhood park use permit
but the proposed attendance of the event will exceed 250 people or the event
is being advertised as a community -wide event, unless the park permit
application is denied pursuant to Section 1.004(8) of these rules, the City
shall offer to issue the park use permit for a community park if one is
available.
(h) Up to twenty-four (24) months prior to the date of an event, a person
may obtain a "Date Hold" for the event.
1. Date Hold requests must be submitted to the Public Works
Department (1820 Roosevelt Blvd., Eugene, OR 97402) by completing an
application form provided by the City. The application must be
accompanied by a Date Hold application fee, as established by
Administrative Order of the City Manager pursuant to section 2.020 of the
Eugene Code, 1971. The City will not accept a Date Hold application for
processing it if is not accompanied by the required application fee. Date
Hold application fees are not refundable, however, at the time of Special
Event Permit application submission, a portion of the Date Hold application
fee will be applied to the Special Event Application fee and facility fees in
accordance with an Administrative Order of the City Manager adopted
pursuant to section 2.020 of the Eugene Code, 1971.
2. If a date is held for an event in accordance with this sub-
section, but the responsible person does not submit a Special Event Permit
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application in December prior to the year of the event, the held date will be
released on January I of the year of the event.
3. An event qualifies for a Date Hold if all of the following
conditions are met:
i. A person has submitted a complete Date Hold
application, including the required non-refundable Date Hold
application fee; and,
ii. The anticipated attendance of the event will exceed
500 people; and,
iii. A person has submitted to the Eugene Special Events
Team (ESET) an Event Notification Form and ESET has made a
recommendation regarding the event; and.,
iv. The City has not permitted an event at the requested
location and on the requested date for the last two consecutive years;
and,
V. The applicant has demonstrated that the proposed
event complies with Section 1.004(1)(g) of these rules.
(2) Special Event Permit Applications Must Include:
(a) For events with an anticipated attendance exceeding 500 people, a
certificate of insurance naming the City of Eugene as an additional insured. The
certificate must demonstrate that the special event organizers maintain a
commercial general liability insurance policy with coverage of at least $2,000,000,
combined single limit per occurrence. The policy must be a primary policy, not a
policy that contributes to any coverage that the City may carry.
(b) A site plan for the park or open space, if the permit holder intends
to bring to the park or open space equipment, booths, garbage dump boxes, portable
restrooms or a stage.
(c) A schedule of entertainment, if the pen -nit holder intends to use
amplified sound.
(d) A route map for the park and streets, if the permit holder intends to
use the park to hold a race/walk/bike event. If the proposed event will impact public
ways that are usually open to two-way traffic, the route map must address how the
applicant intends to mitigate the impact on the two-way traffic by showing how
two-way traffic will be maintained during the event or showing how and where
two-way traffic will be controlled and diverted.
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(e) A traffic control and parking plan, if the permit holder anticipates
that attendance at the event will exceed 500 people. The traffic control and parking
plan must specify where parking will be provided for the anticipated number of
event attendants, where vendor parking will be provided and where the applicant
intends to provide overflow parking if event attendance exceeds the anticipate
number of persons. If the proposed event will impact public ways that are usually
open to two-way traffic, the traffic control and parking plan must address how the
applicant intends to mitigate the impact on the two-way traffic by showing how
two-way traffic will be maintained during the event or showing how and where
two-way traffic will be controlled and diverted.
(f) For events with an anticipated attendance exceeding 500 people, a
roster/schedule that identifies the contact person(s) that will be on-site at the event
and provides the telephone number of the cell phone that the contact person(s) will
be carrying while at the event site. The roster/schedule must cover every hour of
the event and the identified contact persons(s) must have the authority to correct
problems that arise at the event.
(g) The applicant's consent to attend a pre -event conference and/or
post -event conference with City staff., if a request for one or both of these
conferences is made by the City.
(3) Alcoholic Beverages.
(a) 'The consumption and/or sale of alcohol at an event for which the
City has issued a permit must comply with section R-1.007 of this Rule and all rules
established by the Oregon Liquor Control Commission (OLCC).
(b) If an event involves the consumption or sale of alcoholic beverages,
event organizers must maintain. a commercial liquor liability insurance policy and
submit a certificate of insurance with the permit application.
1. Standard Event Permit holders must maintain liquor liability
coverage of at least $2,000,000, combined single limit per occurrence.
2. Special Event Permit holders Must maintain liquor liability
coverage of at least $2,000,000, combined single limit per occurrence.
(c) if an event involves the consumption or sale of alcoholic beverages
but no permit is required for the event, event organizers must maintain commercial
Liquor liability insurance with liability coverage of at least $2,000,000, combined
single limit per occurrence, and submit a certificate ofinsuranceto the City prior
to the event.
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(d) If an event involves the sale of alcoholic beverage, event organizers
must obtain an OLCC license and provide the City with a copy of the license at
least 20 days prior to the date of the event.
(e) Even if an event organizer is not required to obtain insurance
pursuant to another provision of these Rules, if alcoholic beverages will be
consumed as part of an event, or by event attendees, the City will not issue a
Standard Use Permit or a Special Event Permit, or enter into a rental agreement for
a community center or a senior center, unless the event organizer has provided the
City with proof of insurance coverage for the event.
(4) Food.
(a) If food at the event is to be sold, catered, or given away for charitable
purposes, event organizers must provide the City with a copy of the restaurant
license and a certificate of insurance by the last business day of the week prior to
the date of the event. If a vendor fails to provide the City with a copy of the license
by the last business day of the week prior to the date of the event the vendor is
prohibited from setting up at the event. For the purposes of this section, "business
day" means Monday through Friday, 9 a.m. to 5 p.m., exclusive of holidays. This
food licensing requirement does not extend to personal gatherings where food is
exchanged among participants, such as potluck events.
(b) A Special Event Permit holder may restrict event attendants from
bringing outside food and non-alcoholic beverages into the areas that are subject to
a separate rental agreement with the City and that have a controlled admission. A
Special Event Permit holder may not otherwise prohibit outside food and non-
alcoholic beverages at special events.
(5) Signs and Concessions.
(a) A Special Event Permit holder is exempt from Section 1.060(1) of
this Rule which prohibits anyone, except in specifically designated areas, from
erecting a sign, marker or inscription. of any type within a park or open space area.
(b) A Special Events Permit holder is exempt from Section 1.060(2) of
this Rule which prohibits anyone from operating a fixed or mobile concession,
soliciting, selling, offering for sale, peddling, hawking or vending any goods or
services or advertising any goods or services.
1. Event organizers arc responsible for maintaining control
over the vendors who sell goods or services at. permitted events.
2. Sales of goods and services must be confined to the
boundaries of the event.
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3. If the City has an existing contract with a vendor for business
in a City park or open space, that contract will supersede the event
organizer's pen -nit allowing the organizer to contract with a vendor.
(6) Security/Traffic Control. For special events with an anticipated
attendance exceeding 500 people, event organizers Must provide security and traffic control
personnel for the event. An event organizer must hire enough security/traffic personnel to
effectively manage the anticipated size of the event. Event organizers must provide documentation
establishing that the personnel hired :for traffic control have adequate experience in traffic control
to effectively manage the anticipate size of the event. Personnel providing traffic control services
must do so in accordance with both state and local law. If an event organizer uses City of Eugene
police officers to provide security or traffic control services for the event, the event organizer will
be charged for the services provided by the officers. Fees for event services provided by City of
Eugene police officers are established by Administrative Order of the City Manager pursuant to
section 2.020 of the Eugene Code.
(7) Vehicle Access to Park Sidewalks, Pathways and Irrigated Turf.
Driving or parking motorized vehicles on irrigated turf, internal park sidewalks and pathways or
upon the regional pedestrian/bicycle path system is prohibited without written permission from the
City. Applicants for a Standard Use Permit or Special Event Use Permit may include with their
permit application a request for City permission to have vehicle access to the event site via these
prohibited areas. A request for such permission must specify the number of vehicles for which
permission is sought, and must specify for what purpose permission is sought. The City will grant
permission only for event -necessary activities such as equipment delivery and pick-up. If
permission is granted, prior to issuance of the Vehicle Access placard(s) that must be placed on
the dashboard of the authorized vehicle(s), the applicant must pay a Vehicle Access fee as
established by Administrative Order of the City Manager pursuant to section 2.020 of the Eugene
Code, 1971.
(8) Vehicle Access to Non -Irrigated Grass, Landscaped Areas and Under
Tree Canopies.
(a) Driving or parking vehicles on landscaped areas or under tree
canopies is prohibited.
(b) Driving or parking vehicles on. non -irrigated grass areas is
prohibited unless explicitly approved as part of a Standard Use Pert -nit or Special
Event Use Permit. A request for such approval must be included with the permit
application and must identify the requested parking zone(s). Requests for event
participant parking on non -irrigated grass will be considered on a first-come, first -
serve basis and will be granted or denied based on the existing condition of the turf
one week prior to the scheduled event; if the turf shows discernable tire ruts from
one -ton trucks or if the turf has a visible loss of vegetative cover from previous
activities, the request may be denied. Requests may be denied based on forecasted
wet weather. If approved, prior to the issuance of the event permit the applicant
must pay a Vehicle Access fee (for event -necessary activities such as equipment
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delivery and pick-up) or an Overflow Event Parking fee as established by
Administrative Order of the City Manager pursuant to section 2.020 of the Eugene
Code, 1971.
(9) Permit Application Decision. The Executive Director or designee must
grant or deny an. application for a park use pen -nit within fourteen days of the application being
deemed complete, unless the Executive Director or designee extends the processing period by an
additional. fourteen days by written notice to the applicant. An application is deemed complete
upon submission if it contains all of the information required by these rules. If City staff notifies
the applicant of missing application materials, an application is deemed complete upon the
applicant's submission of the missing application materials. Regardless of whether an applicant
has submitted the missing application materials, the application will be deemed complete thirty
(30) days prior to a special event or ten (10) days prior to a standard event. If, after submission of
an application but before the Executive Director or designee renders a decision, the applicant
submits revised or supplemental application materials, the Executive Director or designee must
grant or deny the application within fourteen days of receipt of the revised or supplemental
application materials. Any application not acted on by the deadline shall be deemed granted,
conditional upon any of the requirements being satisfied,
(10) Permit Denials.
(a) A denial of a permit application must be made in writing and sent
by first class mail to the applicant at the address stated in the application. The
notice of denial shall set forth the grounds upon which the permit was denied, and
where feasible, shall contain a proposal by the Executive Director or designee for
measures by which the applicant may cure any defects in the application or
otherwise procure a permit.
(b) An applicant may appeal the denial of a permit to a hearings officer
in the manner prescribed by section 2.021 of the Eugene Code. The hearings
officer's decision is final. Pursuant to ORS 34.020, an applicant has the right to
appeal the hearing officer's final order by filing a Writ of Review in Circuit Court.
(c) To the extent permitted by law, the Executive Director or designee
may deny an application for a permit on any of the following grounds:
1. The applicant or the person on whose behalf the application
for permit was made has on prior occasions made material
misrepresentations regarding the nature or scope of an event or activity
previously permitted or has violated the terms of prior permits issued to or
on behalf of the applicant;
2. The application for permit (including any required
attachments and submissions) is incomplete or improperly executed;
Administrative Order — Page 13 of 36
3. The applicant has not tendered the required application fee
with the application or has not tendered the required user fee,
indemnification agreement, insurance certificate, or security deposit within
the times prescribed by the Executive Director or designee;
4. The application for permit contains a material falsehood or
misrepresentation;
The applicant is legally incompetent to contract or to sue and
be sued;
6. The applicant or the person on whose behalf the application
for permit was made has on prior occasions damaged City property and has
not paid in full for such damage, or has other outstanding and unpaid debts
to the City;
7. A fully executed prior application for permit for the same
time and place has been received, and a permit has been or will be granted
to a prior applicant authorizing uses or activities which do not reasonably
permit multiple occupancy of the particular park or part hereof,
8. The use or activity intended by the applicant would conflict
with previously planned programs organized and conducted by the City and
previously scheduled for the same time and place;
9. The proposed use or activity is prohibited by or inconsistent
with the classifications and uses of the park or part thereof designated
pursuant to City code or Administrative Rule;
10. The use or activity intended by the applicant would present
an unreasonable danger to the health or safety of the applicant, or other users
of the park, of City employees or of the public;
11. The applicant has not complied or cannot comply with
applicable licensure requirements, ordinances or regulations of the City
concerning the sale or offering for sale of any goods or set -vices;
12. The use or activity intended by the applicant is prohibited by
law, the City Code, or by the City's administrative rules.
(11) Security Deposit. When a permit application is approved, at the time of
permit issuance, the applicant must submit to the City a security deposit and, if applicable, a key
deposit, as established by Administrative Order of the City Manager pursuant to section 2.020 of
the Eugene Code, 1971. Refunded security deposits will be mailed to the permit applicant two
Administrative Order — Page 14 of 36
weeks following the event. Unless the City has a reason to withhold the security deposit, an
applicant may pick up the security deposit at 1820 Roosevelt Blvd. in Eugene when keys are
returned. Security deposits paid by cash must be picked up in person by the permit applicant. The
security deposit is fully refundable unless:
(a) The event extends beyond the permitted time;
(b) The facility, structures, amenities or turf areas are damaged;
(c) City property is missing or damaged;
(d) Activities at the event required police assistance; or
(e) The facility or park was not returned to its original condition,
including but not limited to, failure to remove litter or other debris, failure to
remove bagged garbage or recycling.
1.005 ENFORCEMENT.
These rules may be enforced by authorized City personnel or by police officers.
(1) Enforcement by Authorized City Personnel.
(a) If a violation of these rules takes place in the presence of authorized
City personnel or other person in lawful charge of the premises they may:
Request that the person cease the conduct that is violating
the rules; or
2. Request that the person leave the park or open space area,
recreational facility, or activity; or
3. Issue a Notice of Violation of Park and Open Space Rules to
the person; or
4. Place the person under arrest for trespass, subject to the
provisions of subparagraph (b) of this subsection.
(b) If the violator:
I . Fails to comply with a request by authorized City personnel
or other person in lawful charge of the premises to leave the park area, open
space area, recreational facility, or activity, or
Administrative Order — Page 15 of 36
2. Is in violation. of a previously issued Notice of Violation Of
Park and Open Space Rules which excludes the violator from park areas,
open space areas, recreational facilities or activities, pursuant to subsection
(3)(a) of this section, the authorized City personnel or other person in lawful
charge of the premises may place the violator under arrest for trespass. If
such action is taken, the police department shall. be contacted immediately
for further action pursuant to subsection (2) of this section.
(c) A Notice of Park and Open Space Rule Violation issued by
authorized City personnel pursuant to subsection. (1)(a)3. of this section shall:
Specifically state the rule or rules alleged to have been
violated;
2. Be signed by the department personnel issuing the notice;
and
3. Contain a statement that a complaint may be filed in the
Municipal Court of the City of Eugene.
(d) Within 24 hours after issuing the Notice of Park and Open Space
Rule Violation to the violator, the authorized City personnel issuing the notice shall
prepare a written report containing a clear and concise statement of the incident,
the alleged violation, the names and addresses of any witnesses to the incident, and
their statements, and shall deliver the same, together with a copy of the Notice of
Park and Open Space Rule Violation to the City Prosecutor who shall determine
whether a complaint shall be issued.
(e) If the City Prosecutor authorizes issuance of a complaint, it shall be
signed and sworn to by the person issuing the Notice of Park and Open Space Rule
Violation in the manner other Municipal Court complaints are processed. The
person signing the complaint shall be responsible for filing the original complaint
with the Municipal Court; securing from the Court a citation with the appearance
date and amount of scheduled bail affixed thereon; and thereafter delivering the
citation to the police department for service upon the defendant.
(1) After a complaint has been filed and served on the defendant, all
subsequent proceedings shall be in accordance with the rules and procedures of the
Municipal Court.
(2) Enforcement by City of Eugene Police Officers.
(a) In addition to any other existing authority for citation and/or arrest,
if a violation of these rules takes place in the presence of a police officer, the
violator may be subject to arrest by the officer, or, the officer may issue a
misdemeanant citation in lieu of arrest.
Administrative Order -- Page 16 of" 36
(b) A police officer may also take into custody or issue a misdemeanant
citation for trespass to a person if the officer is contacted and advised that
authorized City personnel or other person in lawful charge of premises has placed
the violator under arrest for trespass for:
1. Failure to comply with a request by authorized City
personnel or other person in lawful charge of the premises to leave the park
area, open space area, recreational facility, or activity; or
2. Violation of a previously issued Notice of Restriction of Use
issued pursuant to subsection (3) of this section which excludes the violator
from park and open space areas, recreational facilities or activities.
(c) If a violator is arrested or issued a misdemeanant citation by a police
officer, the officer's report, together with the report of the person acting under
subparagraph (b) of this subsection, if applicable, shall be promptly forwarded to
the City Prosecutor who shall determine whether a complaint shall be issued.
(d) After a complaint has been filed and served on the defendant, all
subsequent proceedings shall be in accordance with the rules and procedures of the
Municipal Court.
(3) Notice of Restriction of Use.
(a) The City may, in its discretion, notify any person who engages in
conduct in a park, open space, recreational facility or at a City sponsored activity
that results in the person being asked to leave the park area, open space area,
recreational facility, or activity, being issued a Notice of Rule Violation pursuant
to subsection (1)(a)3. of this section, being arrested or cited by a police officer for
any violation of park and open space rules, the Eugene Code, 1971, or state or
federal law, that they are prohibited from future use of City parks, open space, or
facilities, or from participation in City sponsored programs or activities, and their
entry therein or thereon will constitute trespassing and that further legal action will
be taken accordingly.
(b) Any person(s) using or renting a park area, open space area, or
recreational facility pursuant to a license or permit issued by the City, or any person
permitted to participate in City sponsored park, open space, or recreational
activities may have that license, or permit or permission revoked and may be
immediately removed from a park area, or open space area, recreational facility or
activity by authorized City personnel or a police officer if the person is in violation
of these park and open space rules or of any term or condition of the license or
permit. This remedy is in addition to any other remedies available under these rules
or the license or permit.
Administrative Order — Page 17 of 36
The City may, in its discretion, notify any person who engages in conduct
that results in the person having a license or permit revoked and being removed
from a park area, open space area, recreational facility, or any person who engages
in conduct that results in the person's permission to participate in City sponsored
park, open space, or recreational activities being revoked and being removed from
that activity that it may thereafter refuse to accept applications for use of park areas,
open space areas, or recreational facilities or may refuse to allow participation in
park, open space, or recreational activities by a person who violates these rules,
state statutes, the Eugene Code, 1971, or any term or condition of a license or permit
issued by the City.
As used in this subsection, "person" includes, but is not limited to, a
business, corporation, association or organization.
(c) Notices restricting future use under subsections (3)(a) and (3)(b) of
this section shall be issued by the Executive Director or designee, and shall set forth
the reason(s) therefore. The notice shall state the specific time period to which the
prohibition on future use applies.
(d) Any notice that restricts a person's future use pursuant to subsections
(3)(a) and (3)(b) of this section shall contain a statement advising of the right to
request a hearing in the manner set forth in section 1.074 or section 1.075 of these
rules.
(e) Nothing in this Section shall be construed to authorize the exclusion
of any person lawfully exercising free speech rights or other rights protected by the
state or federal constitution. However, a person engaged in such protected activity
who also commits acts that are not protected and that violate applicable provisions
of law, shall be subject to exclusion as provided in this Section.
1.007 POSSESSION OR CONSUMPTION OF ALCOHOLIC LIQUOR.
mean:
(1) Definitions. For purposes of this Rule, alcoholic liquor and hard liquor
(a) Alcoholic liqwor. An alcoholic beverage containing more than one-
half of one percent of alcohol by volume, including but not limited to beer, ale,
porter, stout, and wine.
(b) Hard liquor. An alcoholic beverage, including sweet wines and all
spirituous liquors, containing 14 percent or more of alcohol by volume.
Administrative Order — Page 18 of 36
(2) Possession and Consumption.
(a) No person may consume hard liquor or possess a receptacle
containing hard liquor that has been opened or had the seal broken or the contents
partially removed in any park or open space.
(b) No person may consume alcoholic liquor or possess a receptacle
containing alcoholic liquor that has been opened or had the seal broken or the
contents partially removed in the following parks and open spaces:
1. West Eugene Wetlands;
2. Spencer Butte;
3. Ridgeline Park System;
4. Charnel Mulligan Park;
5. Fairmount Park;
6. Hendricks Park (main garden section);
7. Monroe Park;
8. Scobert Park;
9. Sladden Park;
10. University Park;
11. Washburn Park;
12. Washington/Jefferson Park;
13, West University Park;
14. Maurie Jacobs Park (described as that contiguous park land
west of Owen Rose Garden to a point on the west boundary
where the improved area ends and the natural river front
zone begins);
15. The Park Blocks (described as that area generally bounded
by East 81h Avenue, West Park Street, and East Park Street);
16. Along the Willamette River between the water's edge and
the adjacent pedestrian/bicycle path or, where there is no
adjacent path, within 100 feet of the water's edge;
17. Martin Luther King Jr. Park;
18. Golden Gardens Park;
19. Along Amazon Creek between the water's edge and the
adjacent pedestrian/bicycle path, whether hard or soft, or,
where there is no adjacent path, on the adjacent city -owned
natural area;
20. On any pedestrian/bicycle path, whether hard or soft, that is
along Amazon Creek and within any city -owned natural area.
adjacent to a multi -use path that is along Amazon Creek;
21. Mangan Park; and
22. Within Community Gardens.
(c) Unless the City has authorized the possession and consumption of
alcoholic liquor therein as part of a Standard Use Permit or a Special Event Permit,
Administrative Order — Page 19 of 36
no person may consume alcoholic liquor or possess a receptacle containing
alcoholic liquor that has been opened or had the seal broken or the contents partially
removed in the following parks and open spaces:
I . Alton Baker Park;
2. Owen Memorial Rose Garden; and
3. Westmoreland Park.
(d) If a park or open space is not identified in subsection (b) above,
alcoholic liquor may be possessed and consumed within the park and open space.
However, within such park and open space no person may consume alcoholic liquor
or possess a receptacle containing alcoholic liquor that has been opened or had the
seal broken or the contents partially removed within 25 feet of the following:
1. Children's playground areas;
2. Athletic fields;
3. Wading pools;
4. Tennis courts;
5. Parking lots;
6. Skateboard facilities;
7. Rest rooms; and,
S. Sheltered picnic areas, unless explicitly authorized by the
City in writing in conjunction with the rental of a sheltered
picnic area.
(e) No person may consume alcoholic liquor or possess a receptacle
containing alcoholic liquor that has been opened or had the seal broken or the
contents partially removed within the following facilities or within 200 feet of the
following facilities, unless explicitly permitted by the facility supervisor or the
person in charge of the facility (indicated in parenthesis):
1. Amazon Community Center;
2. Amazon Pool;
3. Celeste Campbell Senior Center;
4. Cuthbert Amphitheater;
5. Echo Hollow Pool;
6. Hilyard Community Center;
7, Petersen Park Barn;
8. Sheldon Community Center;
9. Sheldon Pool;
10. River House;
11. Washington Park Center;
12. Laurelwood Golf Course, Pro -Shop, Upstairs rental space
(Golf course operator);
13. Shelton McMurphy Johnson I louse (Non-profit group);
14. Trude Kaufman Senior Center (Non-profit group), -
Administrative Order — Page 20 of 36
15, Wayne Morse Ranch Park (Caretaker);
16, Westmoreland Community Center (Non-profit group);
17. The Science Factory (Lessee);
18. Lamb Cottage;
19. Disc Golf Course at Alton Baker Park (Contract course
operator); and,
20. Alton Baker BMX Track (Emerald Valley BMX).
1.008 USE OF TOBACCO PRODUCTS AND SMOKING INSTRUMENTS.
The use of any smoking instrument or device is prohibited in all park and open
space areas and facilities thereon. This prohibition also applies to the areas outside park and
open space facilities that are within 25 feet of doors, entries, or pathways thereto, such as patios,
walkways, and sidewalks. The oral use of tobacco products (i.e., chewing tobacco) is prohibited
within all public restrooms, parking lots, pools, playgrounds, skate bowls and community
centers.
As used herein, "smoking instrument or device" is defined as cigarettes, cigarillos,
cigars, clove cigarettes, e -cigarettes, pipes, and other related products. This prohibition shall be
incorporated in and made a part of all permits or licenses for use of City Park and Open Space
facilities.
1.010 PROHIBITED ACTIVITIES.
In addition to any other prohibitions in these rules, the following activities are
prohibited within a park or open space area:
(1) Setting up or using an amplified sound system without the written
permission of the City.
(2) Setting up or constructing any temporary structures or enclosures,
including, but not limited to canopies, sleeping bags, artificial lighting generators, and tents,
without written permission of the City.
(3) Operating or using any battery or vehicle operated noise -producing device
in a manner that disturbs other park visitors.
(4) Participating in a disturbance or riotous behavior that interferes with the
reasonable use by the general public of the park, open space, or facility.
(5) Using a metal detector within a park or open space area without the written
permission of the City.
(6) Use of bicycles on Pre's Trail, Adidas Trail and Rexius Trail.
Administrative Order — Page 21 of 36
(7) Playing sports outside recreation areas set aside for that purpose if the
activity is harmful to plant life or fixtures, or interferes with other uses of the park or open space.
(8) Playing golf outside of the areas designated for golf
(9) Playing sports or engaging in other activities in areas set aside for organized
sports activities during a time when such areas are scheduled by the City for use without the written
permission of the City.
(10) Organized non -City sponsored sports activities on athletic facilities without
written permission from the City.
(11) Organized group events such as picnics, weddings, etc. within the
Hendricks Park Rhododendron Garden section, as such activities would disturb the tranquility of
the area.
(12) Wading, swimming or bathing in any of the pools, ponds, or canals of Alton
Baker Park.
(13) Unless necessary to assist a disabled person, as defined in ORS 174.407, or
a child under the age of eight years old, with his or her use of a restroom, no more than one person
at a time may occupy a restroom stall in any park or open space area.
(14) Engaging in any commercial or special use of a park, open space area, or
park facility such as, but not limited to, commercial photography and production of videos or
movies without first obtaining a license or permit therefore from the City.
(15) Engaging in any activity or conduct within a park, open space area, or park
facility that is prohibited by these rules, state statutes, the Eugene Code, 1971, or posted signs.
(16) Engaging in any activity or conduct which is disruptive or incompatible
with the appropriate use of the premises or which interferes with the reasonable use and enjoyment
of the park, open space area, or park facility by others, including, but not limited to, using
playground equipment, picnic tables or picnic shelters for reasons other than their intended use.
(17) Engaging in any activity or conduct which is disruptive or interferes with
the enjoyment by others of City sponsored park, open space, or recreational programs or activities.
(18) Engaging in any of the above activities, or other activities such as, but not
limited to, demonstrations, vending, or still photo sessions in a manner that blocks a park or open
space entrance or pathway, or interferes with the intended use of that portion of the park or open
space.
(19) Entering in or upon a park facility, open space, or park area during the
period of time the facility or area is rented or reserved for use by others, and failing to leave the
Administrative Order Page 22 of 36
facility or area when requested to do so by the person renting or reserving the park facility, open
space, or park area.
(20) Entering in or upon a park facility, open space, or park area, or a portion
of such an area, that is posted, delineated, fenced, or barricaded to close it to public use.
(21) Assembling, disassembling, distributing or attempting to distribute
bicycles or bicycle parts without the written permission of the City.
(22) Possessing five or more bicycles, more than three bicycles if parts are
missing, a bicycle frame with either gears or brake cables cut, or more than four bicycle parts.
1.015 HUNTING AND FIREARMS.
(1) In a park or open space area, no person may:
(a) Hunt, pursue, trap, kill, injure, molest, or disturb any wildlife.
(b) Discharge a firearm, pellet gun, bow and arrow, slingshot, or other
weapon capable of injuring a person or wildlife.
(2) City staff or staff from other wildlife management agencies are exempt
from subsection (1) of this section when performing authorized duties of their position.
1.020 UNCLAIMED ARTICLES.
No person shall leave personal property unattended. An article found in a park or
open space area or facility shall be turned over to the City department responsible for the park
area, open space area, or facility and disposed of in accordance with applicable city and state law.
1.025 FIRES AND FIREWORKS.
(1) Fires are prohibited in Spencer Butte Park and the Ridgeline Park System,
except prescribed vegetation management fires conducted by City staff or other authorized
personnel.
(2) Fires in all other park and open space areas shall be confined to:
(a) Park camp stoves or fireplaces provided for that purpose.
(b) Portable stoves or grills in developed park/picnic areas. Stoves,
grills, and other appliances or equipment designed to generate heat shall not be
Administrative Order — Page 23 of 36
placed on top of picnic tables and must be set at least 25 feet away from picnic
shelters or other park structures.
(c) Prescribed vegetation management fires, conducted by City staff or
other authorized personnel.
(3) No fire in a park or open space area may be left unattended; every fire must
be extinguished by the user before leaving the park or open space area.
(4) Unless specifically. authorized by the Executive Manager or designee, the
use of fireworks of all types (including sparklers, cone fountains, snakes and model rockets) is
prohibited in park and open space areas.
1.030 VEHICLES.
(1) No bicycles may be operated on trails designated as foot paths only.
(2) Motor vehicles may be operated only on roads and in parking areas
constructed or designated for motor vehicle use. Vehicles must be parked within designated
parking lines and must occupy only one parking space without first obtaining written permission
from the City.
(3) No motor vehicle may be operated on a bicycle or foot path without first
obtaining written permission from the City. Persons seeking permission to temporarily operate a
motor vehicle on a bicycle or foot path can submit an application for a Vehicle Access permit to
the Executive Director or designee. If permission to temporarily operate a motor vehicle on a
bicycle or foot path is sought from a property owner for the purpose of accessing their abutting
property, there is no fee for obtaining a Vehicle Access permit,
(4) Motor vehicles and trailers may be parked only in designated parking areas.
The parking area is clearly designated in each park or open space area.
(5) Motor vehicles not parked in a "parking facility", as that term is defined by
EC 5.010, are subject to being cited for violation of these Rules and towed at the owner's expense.
(6) No person may park under the canopy of tree, unless parking in a paved
parking area.
(7) No person may operate a vehicle within a park or open space area at a speed
exceeding 20 miles per hour unless the roadway is posted with a greater speed limit.
(8) No commercial vehicles, or vehicles with the combined weight greater than
that of a passenger automobile and its load, shall be permitted to use the roads in any parks or open
space areas of the City without first obtaining written permission from the City.
Administrative Order — Page 24 of 36
(9) This section does not apply to maintenance vehicles, emergency vehicles,
and wheelchairs (manual and electric),
(10) Unauthorized motor vehicles and trailers remaining in a park after the park
has closed are subject to being cited for violation of these Rules and towed at the owner's expense.
1.035 WASHINGTON JEFFERSON PARK ZONE I
(1) Zone 1. Boundary. Washington Jefferson Park Zone I is the area of
Washington Jefferson Park located north of the railroad tracks, south of West l" Avenue, between
Washington and Jefferson Streets.
(2) Hours. Notwithstanding section 1.003(1) of this Rule, Washington
Jefferson Park Zone I hours of operation are 6:00 a.m. until 1:00 a.m.
(3) Prohibited Activities. In addition to all other prohibitions in these rules,
the following activities are prohibited within Washington Jefferson Park Zone 1:
(a) Using a bike with metal pegs or pedals;
(b) Operating or using any motorized device, including scooters, bikes,
mopeds motorized. skateboards and remote control vehicles.
(c) Possessing a dog, except a leashed dog traveling on a pathway or a
dog assisting an individual with a disability.
(d) Using any cigarettes, e -cigarettes, cigars, pipes, or chewing tobacco.
1.040 ENCROACHMENTS.
(1) Prohibition. Unless specifically authorized by the City pursuant to a
revocable permit, no person may cause or allow an encroachment upon any park property owned
by the City of Eugene.
(a) For purposes of these rules, "encroachment" means an unlawful,
unauthorized or unpermitted use of park property including, but not limited to,
placing on park property, either temporarily or permanently, a building, structure,
garage, shed, fence, deck, driveway, playhouse, tree house, play equipment, lawn
furniture, compost/garbage bin, yard waste pile, landscaping (such as trees, shrubs,
grasses or forbs), irrigation system, or using park property as a parking space, patio,
garden, or storage area.
(b) Park encroachments will be permitted by the City only in
accordance with these riles.
Administrative Order — Page 25 of 36
(2) Notification of Encroachment.
(a) The City will send a Notice of Encroachment to the owner(s) of the
property believed to be encroaching upon City park property. The Notice of
Encroachment will:
I. Describe the identified encroachment;
2. Describe what actions constitute a removal of the identified
encroachment;
3. Set forth the five options, described in Section 1.040(2)(b)
of these rules, available to the property owner(s); and,
4. Include a copy of the Park and Open Space Rule 1.040 -
Encroachments and applicable forms.
(b) A person that is notified by the City that he/she has caused or
allowed an encroachment upon park property must respond in writing to the City
within sixty (60) days from the date of the notification. The written response
submitted to the City must do one of the following:
1. Inform the City that the identified encroachment has been
removed; or
2. Inform the City that the identified encroachment will be
removed and request that the City allow a specific amount of time for the
removal of the identified encroachment to occur; or
3. Dispute that the identified encroachment is an encroachment
upon City owned park property and include supporting documentation; or
4. Request that the City issue a revocable pen -nit for the park
encroachment because the encroachment provides access to a residence-, or
5. Request that the City issue a revocable permit to allow the
gradual removal of a pre -August 3, 2009, encroachment.
(3) Failure to Respond to Notification of Encroachment. If, after forty-five
(45) days from the date of the notification, the City has not yet received a response to its
encroachment notification, the City will send a reminder to the responsible party requesting a
response to the City's notification. If a person notified by the City that he/she has caused or
allowed an encroachment upon park property fails to respond in accordance with these rules, the
City will proceed with enforcement action to remove the identified encroachment.
Administrative Order — Page 26 of 36
(4) Enforcement Action. If the encroachment has not been voluntarily
eliminated or a revocable permit for the encroachment has not been issued, the City may:
(a) Assess penalties against the responsible party in accordance with
these Park and Open Space Rules.
1. Unless a later date is specified by the City, daily penalties of
up to $500 begin to accrue on the 61St day following the City's notification
of the encroachment.
2. Each day that an encroachment exists constitutes a separate
violation of these Park and Open Space Rules.
(b) Take action to eliminate the encroachment.
1. Action to eliminate the encroachment taken by the City
includes, but is not limited to, the initiation of'City-led work to remove the
encroachment and charging fees to defray associated costs for the City -led
removal work.
2. If the responsible party does not comply with fee payment
for the removal of the encroachment, the City may take additional
enforcement action that includes placing a lien on the responsible party's
property.
(5) Revocable Permits.
(a) The City is authorized to issue a revocable permit for a pedestrian
access encroachment if all of the following conditions are met:
1. The park encroachment provides pedestrian access to the
residence; and
2. The park encroachment does not interfere with the public's
use and enjoyment of the park; and
3. The park encroachment intrudes on park property only to the
extent necessary to provide the pedestrian access; and
4. The park encroachment existed prior to August 3, 2009; and
5. Permittee agrees to pay the annual encroachment fee
established by Administrative Order of the City Manager pursuant to
Section 2.020 of the Eugene Code, for park property utilized for the
pedestrian access.
Administrative Order -- Page 27 of 36
(b) The City is authorized to issue a revocable permit for a vehicular
access encroachment if all of the following conditions are met:
1. The park encroachment provides sole vehicular access to the
residence; and
2. The park encroachment does not interfere with the public's
use and enjoyment of the park; and
3. The park encroachment intrudes on park property only to the
extent necessary to provide the vehicular access; and
4. The park encroachment existed prior to August 3, 2009; and
5. Permitee agrees to pay the annual encroachment fee
established by Administrative Order of the City Manager pursuant to
Section 2.020 of the Eugene Code, for park property utilized for the
vehicular access.
(c) The City is authorized to issue a limited -duration revocable pen -nit
to allow for the transition of a non -access encroachment that existed prior to August
3, 2009, if all of the following conditions are met:
1. The Permittee agrees to a specific period of time during
which the Permittee will transition the encroached upon parkland back to
park use; and
2. The permit sets forth a plan that details how and when the
Permittee will remove the encroachment; and
3. The pen -nit requires the Permittee to show steady and
verifiable process towards transitioning the encroachment back to park use;
and
4. The permit sets forth dates by which transition benchmarks
must be achieved by the Permittee. Failure of a Permittee to meet a
benchmark date may result in the revocation of the permit and require the
Permittee to immediately remove any remaining encroachment; and
5. The Permittee agrees to pay the limited -duration
encroachment fee established by Administrative Order of the City Manager
pursuant to Section 2.020 of the Eugene Code, for the encroached upon park
property being transitioned back to park use.
(d) A request for a revocable permit to encroach upon park property for
a vehicle or pedestrian access and a request for a limited -duration revocable permit
Administrative Order — Page 28 of 36
to allow for the transition of a pre -August 3, 2009, encroachment back to park use
must be submitted to the Public Works Department (1820 Roosevelt Blvd., Eugene,
OR 97402) by completing an application form provided by the City. The
application must be accompanied by an application fee as established by
Administrative Order of the City Manager pursuant to section 2.020 of the Eugene
Code.
(e) Permits are revocable upon thirty (30) days' notice or immediately
upon failure of the Permitee to comply with the terms and conditions of the Permit.
(f) The terms of the revocable permit will be established by the City
and will include a specific duration of time that the encroachment can remain,
conditions to minimize damage to City property, fees to defray the cost of
evaluating and processing the permit application and monitoring compliance with
the permit requirements and any other criteria deemed necessary by the Executive
Director or designee. Limited duration revocable permits, issued in accordance
with 1.040(5)(c), are valid for one-year with the option to renew.
(g) Permit holders will be assessed an annual encroachment fee as
established by Administrative Order of the City Manager pursuant to Section 2.020
of the Eugene Code.
(h) If the City denies a request for a revocable permit, the responsible
party will have sixty (60) days from the date of denial to remove the identified
encroachment.
(6) Appeal Rights. A person aggrieved by a decision made pursuant to section
1.040 of these rules may appeal that decision to a hearings officer in the manner prescribed by
section 2.021 of the Eugene Code. The hearings officer's decision is final. A person may appeal
the City's determination that there is an encroachment upon City property only if the person
complied with Section 1.040(2)(b) of these rules.
1.045 COMMUNITY GARDENS.
(1) Plot Use Permit. Unless specifically authorized by the City pursuant to a
written agreement, license, permit or other Administrative Rule, no person may use a Community
Garden plot without first obtaining a Plot Use Permit.
(a) A request to use a Community Garden plot must be submitted to the
Public Works Department (1820 Roosevelt Blvd., Eugene, OR 97402) by
completing an application form (or renewal form) provided by the City. All permit
applications and renewal applications must be accompanied by the Plot Use Permit
fee as established by Administrative Order of the City Manager pursuant to section
2.020 of the Eugene Code, 1971 and a signed statement (on a forin provided by the
City) that the applicant has read and agrees to the Plot Use Permit Terms and
Administrative Order — Page 29 of 36
Conditions. If an applicant is not issued a Plot Use Permit the City will refund the
permit fee,
(b) Beginning the first Tuesday in October, gardeners who held Plot
Use Permits the previous year may submit a permit renewal application. The City
will accept permit renewal applications until 5:00 p.m. on the last Tuesday in
October. A garden plot subject to the prior year's Plot Use Permit for which a
permit renewal application and fee is not submitted by the October deadline may
be made available to new Plot Use Permit applicants.
(c) Beginning the second Tuesday in January, the City will post garden
plot availability and will start accepting Plot Use Permit applications. Permit
applications must be accompanied by the Plot Use Pen -nit fee as established by
Administrative Order of the City Manager pursuant to section 2.020 of the Eugene
Code, 1971. The City will accept Plot Use Permit applications until 5:00 p.m. on
the second Tuesday in February. Except as provided in subsection (d), issuance of
Plot Use Permits will be determined by lottery. The initial lottery will be drawn
from a pool of City of Eugene residents. If plots are still available after the City -
resident lottery is drawn, a second lottery will be drawn from a pool of non -City
residents.
1. Individuals chosen by lottery to receive a Plot Use Pen -nit
will be assigned a plot based on the preferences stated on the application
forms. Individuals receiving a plot assigninent will be contacted by
telephone and may choose to accept the garden plot; when a plot is accepted
the permit issuance process must be completed within 10 days of
notification. The permit issuance process is not complete until the
individual has paid the non-refundable Plot Use Permit fee as established
by Administrative Order of the City Manager pursuant to section 2.020 of
the Eugene Code, 1971. If the permit issuance process for a new plot is not
completed within 10 days of plot issuance notification, the plot may be
reassigned.
1 Individuals not chosen by lottery will be placed on a waiting
list and will be contacted when a. plot becomes available.
(d) The Executive Director or designee may deny an application for a
Plot Use Permit in, accordance with Section 1.004(10) of these Rules.
(e) The Executive Director or designee may revoke a Plot Use Pen -nit
in accordance with Section 1.005(3)(b) of these Rules. Prior to revoking a Plot Use
Permit, the Executive Director or designee may, in the Executive Director or
designee's sole discretion, choose to give a permit holder time to correct the
violation.
Administrative Order — Page 30 of 36
(2) Conduct. In addition to the other requirements of these Rules, Plot Use
Permit holders shall:
(a) Keep individual plots free from weeds and debris and in a planted,
productive state or cover -cropped or mulched as detailed in the Plot Use Permit
Terms and Conditions.
(b) Maintain plots in a working state by the spring deadline, and
winterize by the winter deadline as specified in the Plot Use Terms and Conditions.
(c) Not take produce, flowers or other materials from another plot
without permission.
(d) Drive vehicles in the garden only from May through September, and
then only to transport gardening produce, materials or supplies. All vehicles are
prohibited when soils are wet and soft.
(e) Not use registered pesticides within a Community Garden or within
25 feet of the outside perimeter of a Community Garden site.
(f) Not construct or erect permanent structures in the garden plots.
1.050 PETS.
(1) No pet shall be left unattended and unsupervised in a City park or open
space area.
(2) Except for seeing -eye dogs and other assist dogs, dogs are prohibited in park
and open space areas posted as no dog areas, picnic shelters and public restrooms.
(3) A dog brought into or kept in all other park and open space areas shall be
on a leash not more than 8 feet in length, or confined in a vehicle, and must be kept under control
at all times.
(4) No dog may deposit solid waste matter on a park or open space property
unless the dog's owner immediately removes the solid waste.
(5) A dog's owner is responsible for the dog's behavior at all times while the
dog is in the park or open space area.
(6) Authorized City employees may require a person in charge of an animal to
undertake any measure, including the removal of the animal from the park or open space area,
necessary to prevent interference by the animal with the safety, comfort, or well-being of park or
open space area visitors or resources.
Administrative Order -- Page 31 of 36
(7) No person may ride, drive, lead, or keep a horse, livestock, or any other
animal in a park or open space area except on roads, trails, or areas specifically designated for that
purpose, except by special authorization from the City.
(8) No animal may be hitched to a tree or shrub in a manner that endangers the
tree or shrub.
(9) Dogs may be allowed to run off leash if the City has explicitly given written
authorization for the off leash activity. Dogs may also be allowed to run off leash in officially
designated and signed off leash dog areas at Candlelight Park, Wayne Morse Ranch, Alton Baker
Park, and Amazon Parkway, provided:
(a) The dog is properly licensed and has received required vaccinations
(rabies);
(b) , The dog's owner or caretaker:
Removes any solid waste deposited by the dog;
1 Keeps the dog within the designated area during all times it
is off -leash;
3. Secures the dog by adequate leash when entering or leaving
the designated area;
4. Does not take a female dog in estrus into a designated area
when other dogs are present, or, it'already within a designated area, removes
such female dog in estrus when other dogs enter the area;
5. Is present in the designated area and has voice control of his
or her dog; and,
6. Uses the "Small Dog" off -leash areas only if the dog weighs
25 pounds or less.
The authorization contained herein shall not extend to a dog classified as a potentially
dangerous dog, which must remain secured by an adequate leash during any time it is present
within a designated off -leash dog area. No dog shall be permitted to fight, bite, or bark excessively
while in a designated off -leash dog area, and the owner of a dog fighting, biting, or barking
excessively may be cited therefor and/or required to remove his or her dog from the off -leash area.
1.060 SIGNS AND CONCESSIONS.
(1) Except in a specifically designated area, no person may erect signs, markers,
or inscriptions of any type within. a park or open space area without permission from the City.
Administrative Order — Page 32 of 36
(2) The following activities are prohibited in a park or open space area unless
specifically authorized in writing by the Director of the Parks and Open Space Division or
designee:
(a) Operating a fixed or mobile concession.
(b) Soliciting, selling, offering for sale, peddling, hawking, or vending
any goods or services.
(c) Advertising any goods or services.
(3) No person may distribute any circular, notice, leaflet, pamphlet, handbill,
or written or printed information of any kind, except to a person willing to accept it and it is
distributed without charge.
1.070 VANDALISM AND LITTER.
(1) Wood, flowers, seeds, or other vegetation, may not be picked, cut,
mutilated, or removed from any park or open space area without written permission from the City.
(2) No person may mutilate, deface, damage, or remove a table, bench,
building, sign, marker, monument, fence, barrier, fountain, faucet, traffic recorder, or other
structure or I'acility, or other City property of any kind in a park or open space area. Except for
City staff and other authorized personnel, no person may use paint to mark pavement areas, such
as roads, bicycle paths, sidewalks, and parking lots, or other traffic lanes such as bridge decks. No
person may lie, sleep, urinate in, defecate in, or otherwise damage or deface any landscaped
planting area in a City park or open space area. As used in this subsection, "landscaped planting
area" means an area within a City park or open space area set aside for the planting of trees, shrubs,
ground cover, flowers, or any combinations of the same.
(3) No person may dig up, deface, or remove earth, stones, rock, or other
substance, make an excavation, lay or set off any blast, roll any stones or other objects, or assist in
doing so in a park or open space area except Linder authority of the City.
(4) No refuse may be left in a park or open space area unless placed in the
receptacles designated for that purpose.
(5) No person may wash any clothing or other material in a park or open space
area.
(6) No person may clean fish in a lake or stream in a park or open space area,
except at officially designated and signed fish -cleaning stations.
Administrative Order —Page 33 of 36
(7) Dumping of yard debris and home garbage in park and open space areas is
prohibited.
1.071 GLASS BEVERAGE CONTAINERS.
Except as authorized in writing by the Executive Director or as authorized by a
valid park use permit, no person may possess a beverage container made of glass in any City park,
open space area, or County park within the City limits, or bring, carry or transport any beverage
container made of glass into any City park, open space area, or County park within the City limits.
1.072 WAIVER.
The Executive Director may, by administrative order, temporarily waive any of the
requirements of these rules upon finding that such waiver is in the public interest and will not
seriously prejudice or infringe upon the use and enjoyment of a park, open space area, or park
facility by others. The order shall specifically state the rule provision being waived, the time
period to which the waiver is applicable, and the reason(s) for the waiver, which must support the
required finding. Any waiver granted under this authorization shall be limited to the specific time
and/or place set forth in each order, and shall not be construed to be a continuing waiver of that or
any other provision of these rules, or an agreement to waive such rule at any future time for that
or any other person or entity.
1.074 PARKS AND OPEN SPACE DIVISION HEARING AND APPEAL
PROCEDURE.
(1) Any person who has received a notice issued pursuant to subsections (3)(a)
or (3)(b) of Rule 1.005 that restricts their future use of park or open space areas may request an
informal hearing to contest the notice.
(2) The request for an informal hearing must be in writing and filed with the
Parks & Open Space Division Director ("the Division Director") at the location indicated on the
notice within 48 hours (exclusive of.' weekends) of receipt of the notice.
(3) The Division Director shall schedule a time and place for the informal
hearing to be conducted, which shall be not more than 72 hours (exclusive of weekends) of receipt
of the request for hearing.
(4) At the informal hearing the Division Director shall consider testimony from
the City personnel involved in the incident that resulted in the notice, testimony from the person
requesting the hearing, and testimony from any other witnesses to the incident. The Division
Director may exclude anyone from the informal hearing, other than the person that requested the
hearing, that is not presenting testimony to the Division Director.
Administrative Order Page 34 of 36
(5) Within 72 hours of the informal hearing the Division Director will issue a
written decision affirming, modifying, or canceling the notice. The decision shall be delivered or
mailed to the person that requested the hearing on the date issued.
(6) The written decision of the Division Director shall be final unless the person
that is subject to the decision appeals the decision by appearing at Municipal Court at the time
specified in the decision for a hearing on the appeal. The appeal hearing date shall be no more
than fourteen days from the date of the written decision. The Municipal Judge may affirm, modify
or reverse the Division Director's written decision. If the person to whom the Division Director's
decision is issued does not appear at Municipal Court at the time specified for the appeal, the
written decision shall become final at the time set for the appeal.
1.075 RECREATION DIVISION HEARING AND APPEAL PROCEDURE.
(1) Any person who has received a notice issued pursuant to subsections (3)(a)
or (3)(b) of Rule 1.005 that restricts their future use of park facilities or participation in recreation
activities may request an informal hearing to contest the notice.
(2) The request for an informal hearing must be in writing and filed with the
Executive Director of the Library, Recreation & Cultural Services Department ("LRCS Executive
Director") or designee at the location indicated on the notice within 48 hours (exclusive of
weekends) of receipt of the notice.
(3) LRCS Executive Director of designee shall schedule a time and place for
the informal hearing to be conducted, which shall be not more than 72 hours (exclusive of
weekends) after receipt of the request for hearing.
(4) At the informal hearing the LRCS Executive Director or designee shall
consider testimony from the City personnel involved in the incident that resulted in the notice,
testimony from the person requesting the hearing, and testimony from any other witnesses to the
incident. The LRCS Executive Director or designee may exclude anyone from the informal
hearing, other than the person that requested the hearing, that is not presenting testimony to the
LRCS Executive Director or designee.
(5) Within 72 hours of the informal hearing the LRCS Executive Director or
designee will issue a written decision affirming, modifying, or canceling the notice. The decision
shall be delivered or mailed to the person that requested the hearing on the date issued. The written
decision of the LRCS Executive Director or designee shall be final on the 16th day after it is issued
unless prior to that time a notice of appeal is filed with the LRCS Executive Director or designee
in accordance with Section 2.021 of the Eugene Code, 1971. The appeal shall be heard by a
hearings official appointed by the City Manager and the hearings official's decision shall be the
final decision.
Administrative Order -- Page 35 of 36
1.076 PENALTIES.
Violation of these Park and Open Space Rules adopted under Section 2.019 of the Eugene Code,
1971, is punishable by a fine not to exceed $500 or confinement injail not to exceed 30 days, or
both such fine and imprisonment. (Subsection 2.1990(2), Eugene Code, 1971.)
Dated and effective this I
day of 2017.
/,/,.tKurt Corey, Executive Director
Public Works Department
Administrative Order — Page 36 of 36