Loading...
HomeMy WebLinkAboutOrdinance No. 20232 ORDINANCE NO~ 20232 AN @RDINL~NCE CONCERNING THE DOVv~NTOWN M~LL; AMENDING SECTION 4.680 OF THE EUGENE CODE~ 1971; AND ADDING SECTION 4.874 TO THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.680 of the Eugene Code, 1971, is amended by adding a new subsection (3) as £ollows: Morals and Public Conduct 4~680 d~:/, no person shall: Acts Prohibked at Between the hours of 10:00 p.m. of one day and 6:00 a.m. of the succeedk~g (2) (a) Be in a cemetery without authorization. (b) Drive or park a motor vehicle in a cemetery without authorization. Between the hours of 11 :©0 p.m. of one day and 6:00 a.m. of the succeeding day, no person shall be in a city park unless driving through the park on lawful business. (3) Between the hours of 1:00 a.m. and 6:00 a.m, no person shall be in the Broadway portion of the dox;mtown rnalk which portion is defined as the area of Broadway from the east margin of Chamelton Street to the ,;vest margin of Oak Street, exclusive of intersections. The prohibition ofttfis subsection does not apply to persons who reside in that area, to employees and/or owners of businesses vdth~n that area, or to persons who walk through that area without stopping. (4) Upon finding it to be ~n the public interest and consistent with council goals and pohcies, the council ma5,, by motion, exempt a special event from fhe proh/bitions of s~bsections (2) and (3) oftl-fis section. The motion shall specify the period of time and location covered by the exemptmn. Section 2~ A new Section 4.874 of the Eugene Code, 1971, is added to provide: public Wax~ 4:874 Dowmto~ Mall ~ Ex.clusion~ (1) Any peace officer, as defined by ORS 133.005, may issue a notice of exchision from the downtown mall to any person who conm~its any offense defined in this chapter Ordinance- 1 or in the criminal laws of the State of Oregon on the downtown mall, except that this section shall not apply to violations of section 4.872. For purposes of this section only, the downtown mall includes that areabounded bythe north margin of the south sidewalk of 8th Avenue~ the south margin of the south sidewalk of l0th Avenue~ the west margin of the east sidewalk of Lincoln Street~ and the east margin of the west sidewalk of Oak Street. An exclusion will not apply to those portions of the streets that are open to vehicular traffic~ A notice of exclusion shall notify the person who committed the offense that the person will be prohibited from entering upon the downtown mall for a period of 60 days. The notice of exclusion shall be in w~ting~ shall specify the duration of the exclusion and the places from which the person will be excluded~ shall describe the procedure to appeal the notice of exclus~on~ and shall specify the time and place that the appeal will be hear& The notice of exclusion shall be signed by the officer who issues k and shall be given to the person who will be excluded from the mall. (2) Any person receiving a notice of exclusion may appeal by appearing at municipal court at the time specified in the notice of exclusion for a hearing on the appeal, which shallbe no more than five days fromthe date the notice of exclusion is issued~ The munic/paljudge shall hear the appeal at that time and shall render a decision at the conclu~sion of the hearing, which may be continued for no more than five days. The municipal judge may affirm, modify or reverse the notice of exclusion. The municipal judge may modify the notice of exclusion for the same p~.~rposes for Which the c~ty manager or designee is authorized to grant a variance under subsection (4) of th~s section~ (3} If the person to whom the notice of exclusion is issued does not appear at municipal coru~ at the time specified ~br the appeal, the exclusion shall take effeCt-at the time set for the appeal. If the person to whom the notice of exclusion is issued appears at municipal court at the time specified for the appeal, and after the hearing the judge affiants or modifies the notice of exclusion~ the exclusion shall take effect immediately upon the judge's decision. (4) At any time during theperiod of exclusion, aperson who has received a notice of exclusion may apply to the city manager or designee for a variance to allow the person to enter upon the downto~m mall for specified purposes. The city manager or designee may grant a variance if the person establishes a need to enter upon the mall fbr reasons of emplo)~nent, medical treatment or similar good cause~ or because the person has a lawfifl residence in the downtown mall. A variance may ~aclude such conditions as the citymanager or designee determines will prevent future offenses. (5) Any person who enters upon the downtown mall in violation of a notice of exclusion commits criminal trespass in the second degree~ (6) NotwSthstanding the provisions of section 2.770 of this code, the notice of exclusion appeal heating shall be governed by the procedures set forth in th/s section. Ordinance ~ 2 S__ecti~g_3. The City Recorder, at the request of~ or with the concurrence of the City Attorney, is au~orized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, t 971, to the provisions added, amended or repealed herein. Section 4. The amendments to the Eugene Code, 1971 effected by this Ordinance, which consist of renumbering Subsection 4.680(3) to 4.680(4), the addition of a new Subsection (3) to Section 4.680~ referencing that new Subsection in 4.680(4); and the addition o fa new Section 4~874, shall sunset on a date that is s~x months from the date Broadway from Chamelton to Oak Street is opened to vehicular traffic. Passed by the City Council this 6~h day o~ August, 2001 CiD Recorder Approved by the Mayor this 6a,,day of August~ 2001 This Ordinance has been corrected and re-signed to incorporate Section 4, which reflects the amendment passed unanimously by the Council on August 6, 2001, that was inadvertently omitted from the Ordinance irfitially signed by the Mayor and City Recorder. Ordinance - 3