HomeMy WebLinkAboutAdmin Order 58-23-25 -- Extending Emergency Park Order Re. Notices of Restriction (Exp. 12-6-23)ADMINISTRATIVE ORDER NO. 58-23-25
ofthe
Executive Director of the Public Works Department
EXTENSION OF EMERGENCY AMENDMENT OF PARKS AND OPEN
SPACE RULES ADOPTED BY ADMINISTRATIVE ORDER NO. 58-17-07-F.
The Executive Director of the Public Works Department of the City of Eugene finds
that:
A. Section 2.019 of the Eugene Code, 1971 (EC), authorizes the City Manager or
designee to adopt rules for implementation of any provisions of that Code. EC 2.019(6) authorizes
the City Manager to adopt emergency rules without prior public notice or hearing. 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 July 17, 2017, Administrative Order No. 58-17-07-F was issued adopting the
City's Parks and Open Space Rules.
C. On September 3, 2020, I issued Emergency Administrative Order No. 58-20-29
amending Park Rule l.007(2)(b) to add Gilbert Park to the list of22 parks and open spaces where
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 order to address the
current and ongoing safety issues and criminal activity attributed, in part, to people that are
consuming alcoholic liquor in Gilbert Park. The consumption of alcoholic liquor in Gilbert Park
negatively impacts those seeking to utilize the play structure located in the park and those in the
surrounding neighborhood. For those reasons, Rule 1.007(2)(b) was amended without prior public
notice pursuant to EC 2.019(6) because failure to act promptly to prohibit alcoholic liquor in
Gilbert Park would have resulted in serious prejudice to the public interest.
D. Administrative Order No. 58-20-29 also amended Park Rule 1.074(2) to provide
for the parks and open space hearing and appeal procedure to stay a notice of restriction pending
resolution of the appeal. The amendment was needed to provide a procedural safeguard in the
event an individual files an appeal of a notice of restriction of use. The need for this procedural
safeguard was identified in a recent federal district court case. For that reason, Rule 1.074(2) was
amended without prior public notice pursuant to EC 2.019( 6) because failure to act promptly would
have resulted in serious prejudice to the interest of individuals that appeal a notice of restriction of
parks and open space use.
E. Park Rule 1.074 requires requested informal hearings to be held within 72 hours of
the request, a written decision be issued within 72 hours of the informal hearing, and an appeal of
the informal hearing to municipal court be automatically scheduled to be held within 14 days of
the decision. All of these timelines are based on the Notice of Restriction of Use going into effect
immediately. The amendment to Park Rule 1.074(2) described in paragraph D, above, stays a
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Notice of Restriction of Use upon the request for an informal hearing and during the pendency of
the appeal process. Due to the significant increase in the number of appeals, the short timelines
are difficult for all parties to meet. Amendments to the appeal process were needed to better
accommodate all parties and, because a Notice of Restriction of Use is stayed during the appeal
process, taking additional time for the appeal process would not compromise anyone's rights. For
that reason, on December 16, 2021, I issued Administrative Order No. 58-21-59 which further
amended Rule 1.074(2), and added amendments to Rule 1.074(3), (5), and (6) without prior public
notice pursuant to EC 2.019(6) because failure to act promptly would have resulted in serious
prejudice to the interest of individuals that appeal a notice of restriction of parks and open space
use.
F. Since its adoption on September 3, 2020, Administrative Order No. 58-20-29 has
been amended and extended with the most recent extension adopted by Administrative Order No.
58-22-28 which is set to expire on June 9, 2023. It is necessary to extend the Emergency Rule
amendment adopted by Administrative Order No. 58-22-28.
NOW, THERFORE, based upon the above findings and pursuant to the authority in
subsection ( 6) of Section 2.019 of the Eugene Code, 1971, I order that the amendments to Park
and Open Space Rule 1.007(2)(b) and Rule 1.074(2), (3), (5) and (6), shown in legislative format
below are extended effective June 9, 2023, and shall remain in effect until December 6, 2023 (180
days from June 9, 2023) unless replaced earlier by an emergency rule, temporary rule, or
permanent rule adopted in accordance with the provisions of EC 2.019 of the Eugene Code, 1971.
EMERGENCY AMENDMENT TO
PARK AND OPEN SP ACE RULES
1.007 POSSESSION OR CONSUMPTION OF ALCOHOLIC LIQUOR.
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(2) Possession and Consumption.
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(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. Chamel Mulligan Park;
5. Fairmount Park;
6. Hendricks Park (main garden section);
7. Monroe Park;
8. Scobert Park;
9. Sladden Park;
10. University Park;
11. Washbume Park;
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1.074
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 8th 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; and
23. Gilbert Park.
PARKS AND OPEN SPACE DIVISION HEARING AND APPEAL
PROCEDURE.
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(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. Upon filing a request
for an informal hearing, the Notice of Restriction of Use is stayed until:
(a) The person/ails to appear at the informal hearing as described
in subsection (3); or,
(b) Fourteen days from the date of the written decision of the
Division Director has elapsed and no appeal to Municipal Court is filed; or,
(c) A timely filed appeal of the Division Director's decision is
resolved by Municipal Court.
(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] 7
days from the receipt of the request for hearing. If the person that requested the informal hearing
Administrative Order --Page 3 of 4
fails to appear at the scheduled informal hearing, the Notice of Restriction of Use is final and
in effect and cannot be appealed to Municipal Court pursuant to subsection (6).
*****
(5) Within [72 hours] 5 days of the informal hearing the Division Director will
issue a written decision affiiming , 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 to Municipal Court within [by appearing at
Municipal Court at the time sp e cified in th e d ecision for a hearing on th e app eal. The appeal
h earing 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. [lf.-the
p erson to whom the Division Director 's decision is issued does not app ear at Municipal Court at
the time specified for th e app eal , the written decision shall become final at the time set for the
appeal.]
Dated this ~{e ~ay of __ /1_~-+-------
Matthe Klflf LPlrnues
Public orks Executive Director
Administrative Order --P age 4 of 4