HomeMy WebLinkAboutItem C: Exceptions for Tailgating Around Autzen Stadium
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Exceptions for Tailgating Around Autzen Stadium
Meeting Date: July 23, 2007 Agenda Item Number: C
Department: Eugene Police Staff Contact: Captain Pete Kerns
www.eugene-or.gov Contact Telephone Number: 682-5252
ISSUE STATEMENT
This is a work session to discuss a proposed amendment to the Eugene City Code (EC 4.190) that would
allow public alcohol consumption at certain properties around Autzen Stadium on home football game
days, provided they comply with certain conditions. The amended ordinance would resolve the disparity
in which an exemption exists for people tailgating in the Autzen Stadium parking lot, but not for those in
neighboring, private pay-for-use lots, and correct an enforcement dilemma in which standards are
enforced elsewhere throughout the City except around Autzen Stadium on home football game days.
Finally, the new standards are intended to promote more responsible behavior by tailgating fans.
BACKGROUND
The City Council held a work session February 26, 2007, to discuss options for addressing tailgating
activities near Autzen Stadium on game days. On scheduled home football game days, the Eugene City
Code exempts Autzen Stadium from code prohibitions on alcohol consumption in a public place and on
private property. The exemption currently does not extend to neighboring properties where similar
activity occurs.
The council asked staff to consider a number of factors when recommending a solution, including a
licensing requirement for the property owners making parking spaces available for tailgaters. A number
of not-for profit organizations fund programs through pay-for-use parking on game days. The City also
must be able to effectively deter consumption of alcoholic beverages by minors, unlawful sales of
alcohol, and disorderly conduct associated with alcohol. And, there is the question of fairness between
what is allowed in the Autzen parking lot and at neighboring pay-for-use lots.
The City’s police resources are limited on game days and little enforcement of alcohol violations are
possible. In addition, the City does not have the capacity to significantly add to its permitting and
licensing responsibilities. Due to these limitations, the proposed solution relies on public information to
educate the tailgating public as to the special circumstances that allow tailgating, rather than utilizing a
purely regulatory approach to resolve the issues. The University of Oregon has indicated that it is
interested in continuing its educational approach to tailgating and ticket-holder behavior and could
provide similar information to tailgaters using its facilities.
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RELATED CITY POLICIES
Eugene Code (EC 4.190) currently prohibits public consumption of alcohol on a number of properties on
which it now occurs on home game days. Equal application of the law or a change in code would ensure
that the City maintains the integrity of its code.
COUNCIL OPTIONS
Following the work session, the City Council may:
1.Direct staff to schedule a public hearing on the proposed ordinance.
2.Direct staff to amend the proposed ordinance.
3.Take no action at this time.
An amendment to the existing ordinance that would grant an exemption to City Ordinance 4.190 for
pay-for-use parking lots neighboring the University of Oregon football stadium is included in the packet
as Attachment A. The expanded exemption is similar to that presently granted to the University of
Oregon for the Autzen parking lot. Property owners or managers would be eligible for the exemption
only when showing compliance with conditions intended to manage problems associated with
unregulated public consumption of alcohol. The amended ordinance would require pay-for-use parking
lot operators to post signs and distribute handbills to individuals and groups using their facility to clearly
communicate:
Consumption of alcoholic beverages is allowed on the property only during the following
o
time -- four hours before the start of the game and up to two hours following the end of
the game.
Providing alcohol to minors and consumption of alcohol by minors is prohibited.
o
The sale of alcohol is prohibited.
o
Disorderly behavior is not tolerated.
o
Violations regarding tailgating may be reported to the City of Eugene.
o
The code change would apply only on home football game days to pay-for-use parking lots in the area
bordered by Coburg Road on the west, Willamette River on the south, Interstate 5 on the east and
Intrastate 105 on the north. A map of the area is provided as Attachment B.
Documented violations would result in fines and, after the third violation in a 12-month period, the
property would lose the tailgating exception. For the following 12 months after the third violation, the
property would be subject to the City’s normal public consumption regulations, making it illegal for
anyone to consume alcohol on the property unless exempted by another provision of the code.
Investigation of complaints and enforcement of new standards would be handled by the Planning and
Development Department. Eugene Police would retain responsibility for enforcing local and state laws
for disorderly conduct, minor in possession and illegal alcohol sales.
The earliest a public hearing on a proposed ordinance could be held would be September 17, 2007. If
adoption of the ordinance were to occur later in September, new standards could be in place through an
emergency rule in October. The first home football game this season is set for September 1; the final
home game is set for December 1.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends the amendment to the ordinance as outlined above.
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SUGGESTED MOTION
I move to direct the City Manager to schedule a public hearing on the proposed ordinance exempting
qualified pay-for-use parking lots from the game-day prohibition on public consumption of alcohol.
ATTACHMENTS
A.Draft ordinance revising Eugene Code 4.190
B.Map of Autzen Area
FOR MORE INFORMATION
Staff Contact: Captain Pete Kerns
Telephone: 541-682-5252
Staff E-Mail: pete.m.kerns@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. __________
AN ORDINANCE CONCERNING CONSUMPTION OR
POSSESSION OF ALCOHOL IN PUBLIC PLACES, AND
AMENDING SECTIONS 4.190, 4.990, AND 4.996 OF THE
EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (4) of Section 4.190 of the Eugene Code, 1971, is amended, to
provide:
4.190 Consumption or Possession in Unlicensed Public Places Prohibited
.
(4)
[Malt beverages and alcoholic liquors may be drunk or consumed in the
parking lot immediately adjacent to Autzen Stadium d] During a period
commencing four hours before the start of a scheduled collegiate football
game at Autzen Stadium and ending two hours after the game is completed[.],
malt beverages and alcoholic liquors may be drunk or consumed:
(a) In the state-owned parking lots immediately adjacent to Autzen
Stadium; and
(b) On private property located within the area bounded by Coburg Road
on the west, the Willamette River on the south, Interstate 5 on the
east, and Intrastate 105 on the north, extended to the public for use
by persons as a parking facility, provided the responsible person,
who may be the property owner or person with authority over
parking operations on the property, has posted signs at each
entrance to the property and distributes to each driver using the
property a handbill, containing the following language:
1. Consumption of alcoholic beverages is allowed on this
property only during the time period commencing four hours
before the start of a scheduled collegiate football game at
Autzen Stadium and for up to two hours following the end of
the game;
2. Providing alcohol to minors, and consumption of alcohol by
minors is prohibited;
3. The sale of alcohol is prohibited; and
4. Disorderly conduct will not be tolerated.
The type-face for the signs shall be clear and legible and use a type-
face with letters at least two inches high. The type-face for the
handbills shall be clear and legible and use at least a 12 point font.
The exemption authorized by this subsection (b) applies only to
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property of responsible persons who have requested the exemption
using a form developed by the city’s Planning & Development
Department. The request form shall require the property address
where the exemption will apply, the name of the responsible person,
and the mailing address for the responsible person. It shall be the
responsible person’s obligation to update the mailing address by
informing the City of any changes. Exemptions are not transferable.
Section 2.
The matrix in Subsection (1) of Section 4.990 of the Eugene Code, 1971, is
amended by adding the following in numerical order therein:
4.990 Penalties - Specific
.
(1)
Violation of the following sections is punishable by fine or confinement in
jail, or both, up to the amounts indicated opposite each:
Section Penalty
4.190(4)(b) See 4.996(3)
Section 3.
Subsection (3) of Section 4.996 of the Eugene Code, 1971, is renumbered
(4), and a new Subsection (3) is added thereto, to provide:
4.996 Administrative Civil Penalty
.
(3) Upon a determination by the city manager, or the manager’s
designee, that a responsible person failed to request the exemption
allowed under section 4.190(4)(b) and allowed drinking, or failed to post
the signs or distribute the handbills containing the information as
required by section 4.190(4)(b), the city manager may impose upon the
violator an administrative civil penalty. A first violation is subject to a
fine of $200. Second and subsequent violations are subject to fines of
$500. Upon the imposition of a third civil penalty to the same
responsible person within a period of 12 months from the first penalty
imposed, in addition to the civil penalty, the exemption provided under
section 4.190(4)(b) shall be revoked for a period of one year. Upon the
expiration of the one year period, the responsible person may again
make a request for the exemption as provided in section 4.190(4)(b).
(34) In addition to enforcement mechanisms authorized elsewhere in this code,
failure to pay an administrative civil penalty imposed pursuant to this section
constitutes a violation of this code.
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Section 4.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971 to the provisions added, amended or repealed
herein.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2007 ____ day of _____________, 2007
___________________________ ____________________________
City Recorder Mayor
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