HomeMy WebLinkAboutAdmin Order 58-23-28 -- Emergency Amendment of POS Rules - Remove 'Sleeping Bags'that:
ADMINISTRATIVE ORDER NO. 58-23-28
of the
Executive Director of the Public Works Department
EMERGENCY AMENDMENT OF PARKS AND OPEN SPACE RULE
1.010(2) ADOPTED BY ADMINISTRATIVE ORDER NO. 58-17-07-F.
The Executive Director of the Public Works Department of the City of Eugene finds
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 ("POS Rules").
C. On March 24, 2023, the Eugene City Council adopted Ordinance No. 20689
concerning prohibited camping and amending, among other code provisions, Eugene Code (EC)
4.815. The Council's amendments to EC 4.815 include deleting references to bedding material
from the definition of prohibited camping. Ordinance No 20689 went into effect on June 25, 2023.
D. Pursuant to EC 4.680 and POS Rules 1.003(1 ), parks and open space areas are open
to the public between 6:00 a.m. and 11 :00 p.m. POS Rules govern the activities that can be
conducted in parks and open space areas during those open hours, including Section 1.010(2)
which currently prohibits "[ s] etting 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." To remove any potential inference of inconsistency with
Ordinance No. 20689, it is necessary to amend POS Rule 1.010(2) to eliminate "sleeping bags"
from the list of open-hour prohibitions.
E. This amendment removing "sleeping bags" as an example of"temporary structures
or enclosures" should be implemented without prior notice pursuant to subsection (6) of Section
2.019 of the Eugene Code, 1971. Failure to act promptly to amend POS Rule 1.003(2) will result
in serious prejudice to the public interest by creating confusion for both the public and law
enforcement regarding how the public may use the City's parks and open spaces.
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 amendment to Park and
Open Space Rule 1.010(2) shown in legislative format below remain in effect for 180 days 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.
Administrative Order --Page 1 of 2
1.010 PROHIBITED ACTIVITIES.
*****
(2) Setting up or constructing any temporary structures or enclosures , including,
but not limited to canopies, [ sleeping bags ,] aiiificial lighting generators, and tents ,
without written permission of the City .
. ..J. IA
Dated this ~ clay of July, 2023.
es
orks Executive Director
Admin istrative Order --Page 2 of2