HomeMy WebLinkAboutOrdinance No. 19914CITY OF EUGENE
INTER DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
To:
Kathy Deland -Deputy City Recorder Date: June 2,1993
Subject: Corrections to Private Commerce in the Public Way Qrdinance No.19914
This will confirm telephone conversations today concerning the need to
administratively correct some section numbers and references to section numbers in
ordinance No. 19914. These corrections are necessary in order to ensure that all the
provisions relating tv private commerce in the public way remain in sequence. As drafted,
the current Section 3.345 of the Eugene Code, 1971, which regulates licenses and permits
for public passenger vehicles, would precede the final section of the private commerce
provisions. The changes are as follows:
Renumber Section 3.342 to 3.341
Renumber Section 3.343 to 3.342
Renumber Section 3.344 to 3.343
Renumber Section 3.346 to 3.344
Correct the following references:
Section 3.335 - In the 2nd, 6th, and last lines, change 3.346 to 3.344;
New Section 3.341 - In the last line of subsection (2) change 3.342(1) to
3.341(1;
New Section 3.342 -Change 3.342 to 3.341 in the second line;
New Section 3.343 -Change 3.342 to 3.341 in the second line, and 3.346 to
3.344 in the third line;
New Section 3.344 -Change 3,342 to 3.341 in the last line of Subsection (3}(b},
in the lzrst line of Subsection (3}(d~, and in the last line of Subsection (4}(a~,
In Section 7 of the Grdinance, amending the dehnition set forth in Section
4.571 for Mall activity permit, change 3.342 to 3.341.
If you have any questions, please call,
v~ Lorr.G WATKINSQN LARD ~
RUBENSTE , i- rC~ ` CITY ATTQRNEYV
e Klein
GK:jw
Date: 06/01/93
From: Joan Wise CEEXJXW - RIS1
To: Kathy Fieland CEFNKA~` - RIS1
Subject: Private Commerce Ordinance
This is to clarify some of the amendments in the Private Commerce in
the Public Way ordinance that we discussed today.
Section 2 of the Ordinance - The prior definitions under "Sidewalk
Vending" and "Street Vendor" have been incorporated under the "Private
Commerce on Public Property" heading. Same of the definitions have been
amended, and some new ones added.
Section 6 of the ordinance - A new Section 3.335 is added to the Code.
Sections 3.336, 3.337, 3.338, 3.340, and 3.342 are amended. New Sections
3.343 and 3.344 are added to the Code. Section 3.339 is renumbered 3.346
and amended; Section 3.877 is amended and incorporated as Subsection ~2~
of Section 3.346 tthe effect of which is to delete 3.877 from the Code;
Section 7.450 is amended and incorporated as Subsection ~3~ of Section
3.346, and Section 7.455 is amended and incorporated as part of Subsec-
tion ~3y~cy of Section 3.346 effectively deleting 7.450 and 7.455 from
the Code; Section 4.876 is amended and incorporated as Subsection (4) of
Section 3.346, and Section 4.881 is amended and incorporated as Subsec-
tion ~4~~cj of Section 3.346 again deleting 4.876 and 4.881 from the
Cadet'.
If you have any questions, give me a call.
ORDINANCE N0. ~ l
AN ORDINANCE CONCERNING PRIVATE COMMERCE IN THE PUBLIC
WAY, AMENDING SECTIONS 3.005, 3.015, 3.055, 3.33fi,
3.331, 3.338, 3.340, AND 3.342 OF THE EUGENE CODE, 1911;
AMENDING AND RENUMBERING SECTIONS 3.339, 3.811, 4.816,
4.881, 1.450 AND 1.455 OF THAT CODE; ADDING NEW SECTIONS
3.335, 3.343, 3.344, AND 3,346 TO TNAT GODS; REPEALING
SECTIONS 4.811, 4.$19, AND 4.880 OF THAT CODE; AND
DECLARING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOIIOWS:
Section 1. The Business Regulations General definitions set forth in
Section 3.005 of the Eugene Code, 1971, are amended by adding "Special event"
i n alphabetical order therein, to provide:
3.005 Definitions. For the purposes of this chapter, the following words
and phrases shall mean:
General
Special event. An activity, use, or event of a type normally
regulated, permitted or licensed under provisions of this code,
except that the activity, use, or event occurs only on a schedul ed
date ~ s ~ for a peri od of time not to exceed 14 calendar days .
Section 2. The definitions set forth under the licensed Businesses in
Section 3,005 of the Eugene Code, 1971, for Sidewalk vending and Street Vendor
are amended, and new definitions added thereto, to provide
3.005 Definitions. For the purposes of this chapter, the following words
and phrases shall mean:
licensed Businesses
„r~ v.ate Commerce on P ., ,,,,,,,~,,,,,,,_,,, ,,,
.~ ~ ~~~... - ~_~_~ubl i c Property.
Commerce. A ~Itransactian occurring on public property
involving the sale of, ar offer tv sell, goods or services.
Downtown mall. As described in section 4.811 of this code,
li cense~,operat,,,i ng area. The sidewalk from the midpoint of one
block 1 ength, as d~ef i ned i n section 9.015 of this code, to the
midpoint of a connecting black length on the same block.
O.ccupi ed v,end i ng,~~ unit. A pushcart or other non-motorized
Ordinance - 1
movable cart, stand, or device propelled, occupied by, or attached
to a vendor and ut i 1 i zed to engage i n commerce on a publ i c way.
Outdoor cafe. A restaurant that provides seating i n the
adjacent pubs is right-af-way for service of food and beverages to
its patrons.
Park blacks. That area generally bounded by East 8th Avenue,
West Park Street, South Park Street, and East Park Street.
Public ra ert . Sidewalks, streets, park blocks, and the
downtown mall.
5 i dewal k. That part i on of the street between the curb line
or the 1 ateral 1 i ne of a roadway and the property 1 i ne of the
adjacent property.
Sidewalk commerce, Commerce occurring on a s i dewal k.
Street vendor, A person who sells or offers for sale, or
distributes goods Or services on a publ i c street as defined i n
section 9.015 of this code.
vending equipment. Items or dispensing units other than
~wrwwwi r~ oii ni m wrrrw
occupied vending units.
vendin location. The specific area within a license
operating area for which a person is licensed under this chapter to
engage i n commerce on public property.
vendor. Any person engaged in private commerce on public
property.
Section 3. The definition set forth for Commercial Solicitor under
Uniform Business Practices in Section 3.005 of the Eugene Code, 1911, is amended
to provide:
3.005 Definitions. For the purposes of this chapter, the following words
and phrases shall mean:
Uniform Business Practices
Commercial Solicitor.
Commercial Solicitor. A person who goes from house to house
or place to place, sell i ng or taking orders or offering to set l or
take orders for. goods Or services for present or future delivery,
or for the make ng, manufacture ng, or repairing of an article or
thing for present or future delivery, except a person selling to
merchants for resale. Commercial solicitors do not include:
Persons selling or taking orders for the sale of fruits,
vegetables, dairy products, poultry, meats, or farm products
raised or produced by him/her;
Carriers of newspapers of general ci rcul ati an or
Charitable solicitors.
Section 4. Subsection ~ 1 } of Section 3.055 of the Eugene Code, 1911, i s
amended to prOV i de:
Ordinance - 2
use Hess ~ censes_
_ ' _ _ _ ,__~,~~,S,ummary Suspension.
~ 1 } Upan determining that a l~i tensed activity or device presents
an immediate danger to person or property, or that a required health or safety
certification or insurance or bond required by this code or rules promulgated
hereunder has lapsed ar been cancelled, the city manager may summarily suspend
the license for the activity or device.
Section 5. Subparagraph ~f} of Section 3.015 of the Eugene Code, 1971,
i s amended to provide
3.015 Business Licenses -Administrative Powers of the City Manager
ar Designee. The city manager shall have the authority to approve
rules under section 2.019 and administrative orders under section 2.020
concerns ng the administration and enforcement of this chapter. The rules and
orders may address, but are not limited ta:
~ f } The form and content of records required to be
maintained by a 1 i censee, perms ttee, or certificate holder,
including financial information relating to revenues and expenses;
Section 6. The caption preceding Section 3.336, and Sections 3.336,
3.331, 3.338, 3.340, and 3.342 of the Eugene Code, 1911, are amended; Sections
3.339, 3.811, 4.816, 4.581, 1.450, and 1.455 are renumbered and amended; and new
Sections 3.335, 3.343, 3.344 and 3.346 are added thereto, to provide;
Private Commerce an Public Property
3.335 Private Commerce On Public Property -General. The provisions of
ww ~ i ~ p o i m ni i iu i^ ^ ins a iru ^~u~~i~i ~~nn~i~i ~~iriiirrrrr-
sections 3,33fi to 3.34fi of this Cade are intended to authorize and
regulate private commerce activities on public property. Except as specs f i cal l y
provided to the contrary, the procedures and requirements of sections 3.015 to
3.015 of this code apply to the activities authorized by sections 3.336 to
3.346. In addition to the administrative powers set forth in sections 2.019,
3.015 and 3,340, the city manager is authorized to contract with a private
entity to administer all or any part of the private commerce on public property
activities authorised under sections 3.336 to 3.346.
3.336 Private Commerce on Public Property,,,,,,-,, ,,~L c,en,s,e,,,_Requi red. No person
shat 1 engage i n commerce on public property within the corporate
limits of the city without having obtained a license pursuant to sections 3.336
to 3.346 of this code.
3.331 Private Commerce on Public Pro ert - Exem t Acti vi ti es. Sections
Ordinance - 3
3.33fi to 3.344 of this code shall not apply to commerce conducted
as part of a special event, as defined in section 3.005 of this code, provided
the activity has been specifically approved or i sued a speci al permit by the
city.
3.338 Private Commerce on Public Pro ert -License Re ui rements, In
addition to the requirements of section 3.041, each vendor desiring
to engage i n commerce not exempt under section 3.337 of this code shall
ta} Submit to the city, upon approval of an application, the
hold harmless agreement required by rues adopted under this chapter
sufficient to protect the city from damage or liability;
~ b} Submit to the city, upon approval of an application,
proof of applicable 1 i obi 1 i ty insurance required by rut es adopted
pursuant to this chapter;
~c} locate anywhere except in areas zoned RA, R-1,R-2, R-3,
or R-4 under chapter 9 of this code;
~d} Use only an occupied vending unit or vending equipment
that meets the requirements of rules adopted under this chapter;
fie} Sell only the items designated on the ] icense;
~ f } Conduct business only at the 1 ocat i on designated on the
license; and
fig} Pay fees according to the schedule adopted by the city
manager pursuant to section 2.020 of this code.
3.340 Private Commerce an Public Pro ert - Rul emaki n Rowers of the Ci t
Mona er. The rules adapted under section 2.419 concerning 1 i censes
far commerce on public property may address, but are not 1 i mi ted to, the
following areas:
~a} Maximum dimensions and other safety features of an
occupied vending unit ar vending equipment;
fib} Restrictions on vending locations, including
restr~ ct~ ons on how close vendors may 1 ocate to a busi Hess selling
similar products, on the nature of items to be sold, and on the
number of different items that can be sold by a single vendor;
~ c } The minimum and type of 1 i ab i 1 i ty insurance coverage
requ~ red fora 1 ~ cense for commerce an public property to protect
the city and public from 1 oss or injury;
~d} Requirements of and restrictions on the conduct of
business by vendors;
fie} The amount of the app1 i cabl a fees;
~f} The allocation of 1 icense operating areas and vending
1 ocat~ ons;
fig} The form and content of the hold harmless agreement to
be subm~ tted by each vendor, suff ~ c~ ent to protect the city from
damage or 1 i obi 1 i ty;
~h} The issuance of special event permits far commerce on
public property;
~ i } Such other matters as are consistent with the purpose
of sects ons 3.336 to 3.344 of this code.
Ordinance - 4
3.342 Private Commerce on Public Pra ert -Issuance of license.
. ~ 1 } In determining whether to grant or deny a 1 i cense, the city
shall consider;
~a}
vehicular
public;
fib}
public or
appl i cati c
: the free flow of pedestrian and
sidewalks and areas open to the
health, safety or welfare or to
may result from approval of an
The need to maintair
traffic on streets,
Any danger to pub] i c
private property that
~n;
~c} The need to preserve and enhance the aesthetic qual ities
of the license aperat i ng area; and
~d} The need to prevent interference with the peaceful
enjoyment of the areas near places where commerce i s accurri ng.
~ 2 } The.. ci ty may i ssue a l i cense upon finding that the applicant
has met all ,requirements of this code and rules adopted under this chapter, and
that the cry tern a of sects on 3.342 ~ 1 } are satisfied.
€3} Upon sale, transfer or termination of business, the vending
1 ocat ~ on shall be allocated ~ n accordance with rules adapted under this chapter.
3.343 Private Commerce on Public Pro ert -Restrictions. No licensee
under section 3.342 of this code shall:
~a} Operate in a manner which creates a danger to persons
ar property;
~ b} Use private property wi thaut the written permission of
the owner of the property;
~c} Use private property in violation of any ]and use
provisions of chapter 9 of this code;
~d} Del iberate1y hinder or impede pedestrian traffic;
fie} Obstruct the clear vision of the driver of any vehi cl e
approaching or entering an intersection; or
~ f } Operate i n a manner which wi l 1 hinder emergency or
ut~l ity services.
3.344 Private Commerce on Public Pro ert -license Revocation. In
addition to revocation of a 1 i cense issued pursuant to section 3.342
for violation of any provisions of sections 3.33fi to 3.34fi of this code, or any
rule issued thereunder, a 1 i cense may be revoked i f the city manager finds that:
~a} The 1 i censee has failed to occupy the vending 1 ocation
for mare than 15 consecutive days;
fib} The need to maintain the free flow of pedestrian and
vehicular traffic on streets, sidewalks and areas open to the publ i c
necessitates revocation of the license; or
~c} A danger to public health, safety or welfare or to
public ar private property may result from continuation of the
licensed commerce at that location.
3.34fi Private Commerce on Public Pro ert - S eci f i c Authori Zed
Activities.
Ordinance - 5
~ 1 } Sidewalk Commerce .
~a} In assigning a vending location, the city shall consider
the following:
1. Any license operating area requested by the
applicant;
2. The licensed activities of any other sidewalk
commerce enterprise in the same license operating area;
3. Other si dewal k uses i n the 1 i cense operating area;
4, The public health and safety, including the
possibility of restricted visibility for persons using the
public way;
5. Compat i bi 1 i ty of the request with rules adapted
under this chapter.
fib} A vendi ng 1 ocati on may be assigned upon compliance with
section 3.338 of this code.
~c} If the city manager finds that a sidewalk within a
license operating area i s being fully uti 1 i zed for its primary
purpose of pedestrian traffic, or that the issuance of a s i dewal k
commerce license will have an adverse impact on the primary use of
the s i dewal k because of existing 1 evel s of pedestrian use, the city
manager may restrict or prohibit the issuance of sidewalk commerce
licenses for a speci f i ed license operating area.
~d} At no time shall the city issue more than six sidewalk
commerce 1 icenses fora 1 icense operating area.
~ 2 } Street Vendor.
~a} A street vendor shall:
~. Sell, offer for sale, or distribute only the items
indicated on the 1 icense issued;
2. Conduct business only from a veh i cl e 1 egal ly
parked alongside the curb;
3 . Comply with al 1 app] i cabl a federal , state and
1 ocal 1 aws and regulations.
fib} A street vendor shall not:
1. Conduct business i n such a way as to restrict ar
interfere with the enjoyment or use of property by nearby
property owners or occupants;
2. Increase traffic congestion or delay;
3. Create a hazard to life or property;
4, Stop on the traveled portion of any street or in
any bicycle 1 one;
5. Stop in one location for more than five minutes
within the same hour wh i 1 e conducting business .
~3} Cutdoor Cafes.
~a} The city manager or the manager's designee, may issue
a permit for an outdoor cafe allowing the service of food or
beverages wi th i n a publ i c right of way provided the following
cond~t~ons are met:
1. The permit applicant assumes all risks associated
with the use of the right of way;
2. The permit applicant lawfully operates a
restaurant adjacent to the right of way for which the
applicant seeks a permit;
Ordinance - 6
3. The owner of the restaurant property consents to
issuance of the permit;
4. The permit applicant demonstrates that the use of
the right of way will not interfere with existing utilities,
pedestrian use of the right of way nor pose a hazard to
vehicular traffic;
5. The permit applicant obtains all other necessary
state and local permits;
6. I f the applicant seeks to use the right of way i n
front of properties contiguous to the restaurant, the
applicant demonstrates that a restaurant i s a permi tted use
for the contiguous property and the owner of the contiguous
property consents to the issuance of the permit;
1. The permit applicant demonstrates that the use of
the right of way wi 11 comply with all ordinances and codes of
the city including but not 1 i mi ted to the structural safety,
sanitation and fire codes;
8. The permit app1 i cant demanst~rates that seating i n
the right of, way wi 11 be, provided for no mare than 24 persons
or, ~f seating ~s provided for a greater number that off-
street parking as required by chapter 9 of this code i s
provided i n a rat i o of no 1 ess than one parking space for each
4 seats over and above 20;
9. The permit applicant demonstrates that the
proposed use of the right of way i s not inconsistent with the
use for which the right of way was dedicated to the city.
fib} No outdoor cafe permit shall be issued far premises
located within the mal 1 as defined by section 4.871 of this code
except by mall activity permit issued pursuant to section 3.342 of
this code.
~c} If the permit applicant wishes to undertake construction
in the right of way in conjunction with the operation of an outdoor
cafe, the permit applicant shall demonstrate compl i once with section
1.4451} of this code, but need not obtain a separate permit or pay
a separate application fee as required by that section.
~d} A permi t issued pursuant to secti an 3.342 of this code
may be temporari 1 y suspended i f the public interest requires use of
the right of way for a publ i c event, construction, repair, or any
other purpose.
~4} Downtown mall. Words and phrases used in this subsection
shall have the meanings ascribed to them in section 4.811 of this code.
~a} Except for participants i n a ci ty sponsored event, nv
person or business shall conduct any of the following activities on
the downtown mall without first receiving a mall activity permit
pursuant to section 3.342 of this code:
1. Any commercial pursuit except far personal
solicitation and street entertainment.
2. P1 aci ng a di spl ay or al l owi ng a di spl ay i n one's
charge to remain .
3. An entertainment event.
4. Conducting or participating i n the conduct of a
meeting that i s 1 i kel y to attract at any one time an assemb~ y
Ordinance - 1
of more than 25 persons.
5. Creating or Conti Hui ng a not se disturbance on the
mall .
fi. Except on olive Street where vehicles are allowed,
operating or parki ng a motor vehicle on the mall .
~b~ A permit shall be valid for the period of time specified
on the permit, not to exceed six months .
~c} Except for distribution of materials constituting a
commercial pursuit, distribution of written material may occur
without obtaining a mall activity permit. Distribution of written
material i s allowed provided any person making the d3 stri buti on
removes all distributed material discarded or abandoned on all areas
of the mall within 200 feet of each place where the written material
was distributed. Such removal shall occur every four hours ar when
distribution ceases, whichever first occurs. Failure to promptly
remove such material from the mall may result i n the city performing
the removal required of the distributor and bi 11 i ng and collecting
the cost from any person responsible. Any person or organization
which f a i 1 s to remove from the mal 1 discarded written material
distributed by that person or organization shal 1 have committed a
violation of this code.
Section 1. The definition for Mall activity permit set forth in Section
4.871 of the Eugene Code, 1971, is amended to provide:
4.811 Pedestrian Mall -Definitions. For purposes of sections 4.870 to
4.881 of this chapter, the following words shall have the meanings
ascribed to them by this section:
Mal 1 acti vi ty~,permi t. A permi t applied for and issued i n
accordance with section 3.342 of this code.
Section 8. Sections 4.811, 4.819, and 4.880 of the Eugene Code, 1911, are
repealed.
Section 9. The City Recorder, at the request of, or with the concurrence
of the City Attorney, may administratively correct any reference errors
contained herein or in other provisions of the Eugene Code, 1911, to the
provisions added, amended or repealed herein.
Section 10 . I n order to provide for the orderly implementation of the
provisions contained herein, this Ordi Hance shall become effective on ,
Ord i nonce - 8
1993, except the City Manager i s specifically authorized to commence rul e-
maki ng and fee-setting procedures necessary for implementation of these
provisions prior to their effective date. All rules adopted previously remain
i n effect unti 1 new rut es are adopted hereunder, except where a speci f i c
conflict exists .
Passed by the City Counci 1 thi s
29th day of April, 1993
City Reco er
Approved by the Mayor this
28th day of Apri 1, 1993
Mayor
Ordinance - 9