HomeMy WebLinkAboutOrdinance No. 19742ORDINANCE NO. 19742
AN ORDINANCE CONCERNING LICENSED ACTIVITIES AND UNIFORM
BUSINESS PRACTICES; AMENDING AND RENUMBERING SECTION
3,012 OF THE EUGENE CODE, 1971 TO 2.019; ADDING SECTIONS
3.205, 3.207, 3.209, 3.211, AND 3.213 TO THAT CODE;
AMENDING SECTIONS 2.020, 3.005, 3.011, 3.015, 3.020,
3.035, 3.040, 3.041, 3.050, 3.055, 3.060, 3.131, 3.175,
3.285, 3.281, 3.288, 3.289, 3.291, 3.292, 3.293, 3.882,
3.886, AND 3.890 OF THAT CODE; REPEALING SECTIONS 3.lll,
3.192, AND 3.295 OF THAT CODE; AND DECLARING AN EMERGENCY
AND AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.012 of the Eugene Code, 1911, is hereby renum-
bered 2.019 and amended to provide:
2.019 City Manager - Administrative and Ruiemaking Authority and Proce
lures.
~1} The city manager or designee shall have the authority to:
~a} Administer oaths;
fib} Audit records to assure conformance with this code;
~c} Certify official acts;
~d} Subpoena and require attendance of witnesses at meetings
or hearings to determine compliance with this code;
fie} Require production of relevant dacuments;
~f} Swear witnesses;
fig} Take testimony of any person by deposition; and
~h} Perform all other acts necessary to administer or
enforce the provisions of this code.
~2} Notice of Rulemakin . Prior to the adoption, amendment, or
repeal of any rule, the city shall give notice of intended rulemaking by:
~a} Making copies of the notice of intended rulemaking
available to any person who has requested such notice, and to any
business which possesses a license issued pursuant to the rule;
fib} Publishing the notice of intended rulemaking in a news-
paper of genera] circulation for at least five days.
~3} Contents of Notice. The notice of intended rulemaking sha11
state the subject matter and purpose of the intended action in sufficient
detail to inform a person that the person's interests may be affected, and
the time, place, and manner in which interested persons may present their
views on the intended action. This notice shall include:
~ a} A ci tati on of the city's legal authority to promulgate
the rule;
fib} A statement of the need for the rule and a statement of
haw the rule is intended to meet the need; and
~c} A 1 i st of the principal documents, reports, or studies,
if any, prepared by or relied upon by the city in considering the
Ordinance - 1
need for and in preparing the rule, and a statement of the loca-
tion at which those documents are available for public inspection.
~4} 0 ortunit for Comment. The city shall give interested per-
sons reasonable opportunity of not less than 15 days to submit data ar views.
The city manager shall make findings that consider fully any written submis-
si ons.
~5} Temporaryy Rules. Notwithstanding the above, the city manager
may adapt temporary rules that shall expire 180 days from the date of adop-
tion of any addition to or revision of this code.
~6} Emergency.._Rules. Notwithstanding the above, the city manager
may adopt, amend, or suspend a rule without prior notice or hearing or upon
any abbreviated notice and hearing that he/she finds practicable, if the
city manager issues:
. ~a} A statement of findings that failure to act promptly
will result ~n serious pre~ud~ce to the public interest or the
interest of the parties concerned and the specific reasons for
the findings of prejudice;
fib} A citation of the city's legal authority to promulgate
the rule;
~c} A statement of the need far the rule and a statement of
haw the rule is intended to meet the need; and
~d} A list of the principal documents, reports, or studies,
if any, prepared by or relied upon by the city in considering the
need for and in preparing the rule, and a statement of the loca-
tion at which those documents are available far public inspection.
Any rule adopted, amended, or suspended under this section is temporary and
may not be effective for a period of longer than 180 days. The adoption of
a rule under this section does not preclude the subsequent adoption of an
identical rule under the permanent rule adoption procedures.
+ ~1} Mailinq,_List. Any person may request in writing that the
city mail him/her copes of notices of intended action given pursuant to ~Z}
~a}. Upon receipt of any request, the city shall acknowledge the request,
establish a mailing list, and maintain a record of all mailings made pursuant
to requests.
. . ~8} Petition Re nest i n Ado ti on of Rule. Any interested person
may pets t~ on the c~ ty requesting the promulgation, amendment, or repeal of a
rule. The city manager may prescribe by rule the form or contents of such
petitions and the procedure for their submission, consideration and disposi-
tion. Not later than 30 days after the date of submission of a petition,
the city manager shall take action on the petition.
~9} Basis far Rule. Unless otherwise provided by ordinance, the
adoption, amendment, or repeal of a rule by the city manager need not be
based upon or supported by an evidentiary record.
~ 10} validity of,; Rul es . Al 1 rut es shall be adopted i n substanti a1
compliance with the prov~s~ons of this section in effect on the date the
rut e i s adopted.
Section 2. Subsection ~3} of Section 2.020 of the Eugene Code, 1811,
i s amended to provide
Ordinance - z
2.020 Cit Mana er - Authorit to Set Fees and Char es.
~3} At least 15 days prior to the initiation of anew fee or
change in the amount of such a fee, the city manager shall give notice of
the proposed fee by:
~a} Making copies of a notice of intended charges available
to the mayor and city council;
fib} Making capies of a notice of intended charges available
to any persons who have requested such natice;
~c} Publishing a natice of intended charges in a newspaper
of general c~ rcul ate on within the city i f the fee or charge i s or
~s likely to be $250.00 or greater; and,
~d} Posting such notice at two locations at city hall.
Section 3. Section 3.005 of the Eugene Code, 1911, is amended by add-
ing a caption "General" and definitions for "City Manager," "License,"
"Licensee," and "Material information" therein; adding in alphabetical
order under Licensed Businesses provisions for "Investigator"; amendin
g
the definitions under "Detective or Security Agency"; and amending the
definition for "Commercial Solicitor" set forth under Uniform Business
Practices all to provide:
3.005 Definitions. For the purposes of this chapter, the fallowing words
and phrases shall mean:
General
Cit mans er. City manager or designee.
License. Includes licenses, certifications, or permits.
Licensee. Includes all persons possessing licenses, certifi-
cations or permits.
Material Information. Any information requested as part of
of the application process either for anew license, permit or
cert~f~cat~on, or a renewal of an existing license, permit or cer-
tification.
Licensed Businesses
~n~estigator:
armed~~~ i nvesti ator. Any person en a ed i n the occu ati on of
~. g g p
~nvest~gat~on who has a firearm in his/her possession or readily
accessible within any vehicle occupied by the person, or has any
Drdinance - 3
other type of arms, including, but not limited to a guard dog,
while so employed, excluding any officer ar employe of any law
enforcement agency of the United States, or any state, county or
city while engaged in the perfarmance of his/her official duties.
Investi ati on. Any activity that has the purpose of obtaining
information about any of the following matters: actual or poten-
tial crimes ar wrongs against any government; the habits, conduct,
movements, associates, transactions, reputation or character of
persons; the credibility of witnesses yr other persons; the loca-
tion or recovery of lost or stolen property; the securing of evi-
dence to be used before governmental agencies, boards of award or
arbitration, or courts; or the cause, origin, or responsibility for
fire, accidents or injury to real or personal property.
Unarmed investi ator. Any person engaged in the accupation
of investigation who does not have a firearm or other arms in
his/her possession ar readily accessible within any vehicle occu-
pied by the person while so employed.
Security Agency:
Armed Security,,,_afficer. Any person engaged in the occupation
of watching, guarding or protecting property or persans, who has a
firearm in his/her possession or readily accessible within any
vehicle occupied by the persan, or has any other type of arms, in-
cluding, but not limited to a guard dog, while so employed, exclud-
ing any officer or employe of any law enforcement agency of the
United States, or any state, county or city while engaged in the
performance of his/her official duties,
Securit A enc . Any person engaged in the business of watch-
ing, guarding, or protecting property or persons, or providing
crowd control services, excluding any law enforcement agency of the
United States or any state, county or city while engaged in the
performance of his/her official duties, or excluding any person comW
pr~s~ng an on premise agency employing individuals to watch, guard,
or protect its own premises, property, or persons thereon.
Unarmed securit officer. Any person engaged in the occupa-
tion of watching, guarding or protecting property or persons, who
does not have a firearm or other arms in his/her possession or
readily accessible within any vehicle occupied by the person while
so empl ayed.
Uniform Business Practices
Commercial Solicitor
Commercial Solicitor. A person who goes from house to house
or place to place, selling or taking orders or offering to se11 or
take orders for goods or services for present or future delivery,
or for the make ng, manufacturing, or repairing of an arti c1 a or
thing for present or future delivery, except a person selling to
merchants for resale. Commercial solicitors include:
Persons selling or taking orders for the sale of fruits,
Ordinance - 4
vegetables, dairy products, poultry, meats, or farm products
raised ar produced by him/her;
Carriers of newspapers of general circulation;
Charitable solicitors; or
Persons who sell or offer for sale goods or services on
the public street or sidewalk.
Section 4. Section 3,011 of the Eugene Code, 1971, is amended to pro-
vide:
_' i tenses ,_,,___,,Procedur s Gener.,.,.____
3.011 Bus ~ Hess ~,,,., .~,_.,, - e ,__~_ al 1 y.
~1} The procedures and requ~~~~~rements of sections 3.015 to 3.075 of
this code apply to all licensees unless otherwise provided.
~Z} Application, issuance, denial, revocation and suspension of
certification cards required under this chapter shall be governed by proce-
dures and requirements in sections 3.015 to 3.075 of this chapter.
Section 5. Section 3.015 of the Eugene Code, 1971, is amended to pro-
vide:
3,015 Business Licenses -Administrative Powers of the City Manaaer or
Desi nee. The city manager shall have the authority to approve
rules under section 2.019 and administrative orders under section Z.oZO cony
cerning the administration and enforcement of this chapter. The rules and
orders may address, but are not limited to:
~a} Fees, penalties and assessments for hearings and appl i ca-
tions calculated to reimburse the full cost of processing the
application, conducting the hearing, and administering the program
being regulated;
~ b} The procedures to be fol 1 owed and information to be re-
quired regarding an application for anew or renewed license, cer-
tification card, ar permit;
~c} The procedure to be used in reviewing applications far
all new and renewal licenses, permits and certifications;
~d} A requirement for the provision of ~1} bonds and/or insur-
ance, and the amounts and types thereof, sufficient to protect the
public and city against loss or injury, and ~Z} the designation of
an agent who can accept legal process,
fie} The form and content Of application, permit, certifica-
tion, and identification forms;
~f} The form and content of records required to be maintain-
ed by a licensee, permittee, or certificate holder;
fig} The form and content of tests to be administered;
~h} Required equipment;
~ i } Required markings; and
~j} Such other matters as may be specifically authorized
elsewhere in this code.
Ordinance - 5
Section 6. Section 3,020 of the Eugene Code, 1911, is amended to pro-
vide:
3.024 Business Licenses - A lication for License.
~ 1 } An app~~ ~~~cati on forr a 1 i~cense, or for renewal of a l i tense
required by this chapter shall be completed by each and every principal in
the business. A principal in the business includes all owners, shareholders,
partners, directors, officers and managers. The city manager may exempt
certain principals from completing an applicativn if the city manager deter-
mines that granting such an exemption is consistent with the objectives of
this code, and where the business demonstrates to the satisfaction of the
city manager that those principals play na role in the operation of the
company.
t2} An applicatian for a ]icense, or for renewal of a license re-
quired by this chapter shall be accompanied by an application fee in the
amount set by the city manager. The applicatian fee is not refundable.
~3} .An applicant sha11 make a request for a license on forms pra-
v~ded by the c~ ty manager and shall ~ nc1 ude all requested information and
attachments. Review of an application shall not begin until all requested
information has been provided. Except as provided in subsection ~4} of this
section, if an applicant fails to submit required information within 30 days
from the date the application is filed, the application shall be deemed with-
drawn.
~4} When reviewing the applicatian, the city manager may require
the applicant to supply ~nfvrmat~on necessary to determine under section
3.050 the applicant's qualifications for the license. A request for addi-
tional information under this subsection shall be in writing, and shall
specify a reasonable date by which the information must be submitted. The
application shal 1 be deemed withdrawn i f the information i s not submitted by
the date specified.
~5} The city manager shat 1 issue a deci si on on the applicatian
within 30 days of the submi ssi an of a compl ete application form and al 1 re-
quested attachments.
~6} An applicatian shall be deemed withdrawn if the applicant
fa~1s to deliver to the city manager, w~th~n 30 days after approval of the
application, any documents required as a condition of approval.
~1} If an application is deemed withdrawn under subsections ~3},
~4}, or ~6} of this section, there shall be no refund of any fees paid by
the applicant.
~8} A separate license must be obtained for each 1 ocati on at
which the 1 i tensed activity i s conducted .
Section 7. Section 3,035 of the Eugene Code, 1911, is amended to pro-
vide:
03 5 Bus ~ Hess , L ~ ce,n,ses Tran sf ,,,,,.,,,,,,,~
' -,., erability. Licenses, permits and certi-
f~cates issued under this chapter shall not be transferred to any
other person except where expressly allowed by this chapter, and only with
Ordinance - 6
the prior written approval of the city manager. Where this code authorizes
transfer, the city manager shall approve a request to transfer a license
only if the new licensee qualifies for a license.
Section 8. Subsection ~3} of Section 3.040 of the Eugene Code, 1911,
is amended to provide:
3.040 Business Licenses - Dis la of License.
~3} A permi t fora vehicle shat 1 be displayed on the vehicle as
required by the city manager.
Section 9. Section 3.041 of the Eugene Cade, 1971, is amended to pro-
vide:
3.041 Business Licenses - License Re uirements. In addition to any
other requirement of this chapter, each licensee shall:
~a} Conform,to all federal, state, and local laws and regu-
lations, the provisions of this code, and any rules adopted there-
under.
fib} Notify the city manager in writing within 10 days of any
change in material information. No new principal may become in-
volved in a licensed business until an application form is submitted
to and approved by the city manager for that principal. 1f anew
principal does become involved in a business prior to approval, the
city manager may revoke the license pursuant to the procedures in
section 3.050.
Section 10. Subsection ~1} ~c} of Section 3.050 of the Eugene Code, 1911
is amended to provide:
3.050 Business Licenses - Denial or Revocation of License.
~1} The city may deny or revoke a 1 icense upon finding that:
~c} The applicant has violated a law, including a violation
which does not lead to a conviction, unless the applicant demon-
strates to the satisfaction of the city manager that the violation
has no bearing an the applicant's fitness to undertake the licensed
activity without endangering property ar the public health, safety
ar welfare. The city manager may consider as a basis for denial
ar revocation:
1. Only those vi of ati ans which would constitute fe1 oni es,
if convicted, which occurred within the preceding ten years;
Ordinance - 7
2. All other violations only if they occurred within the
preceding two years,
Section 11. Subsection €1} of Section 3.055 of the Eugene Code, 197,
is amended to provide:
us~ness ~censes Summar S
~~`, ~ ,. ~~. ~~,..,_. Y u s p, e ra s i o n.
~1} Upon determining that a ~~censed activity or device presents
an immediate danger to person or property, or that insurance or bond required
by this code or rules promulgated hereunder has lapsed or been cancelled, the
city manager may summarily suspend the 1 i tense far the activity or device.
Section ~~. Section 3.060 of the Eugene Code, I971, is amended to pro-
vide:
3.060 Business Licenses - Appeal.
_~ } ~~ pp .., p
1 An~ ~ a 1 ~~~cant~~ whose ~a^pl i cati on for a 1 i tense has been denied,
or a licensee whose license has been denied renewal, has been suspended, or
is to be revoked, may, within 15 days after the date of notice of the denial,
suspension ar revocation, appeal in writing to the city manager. The appeal
shall be accompanied by a fee as established by the city manager and shall
state
~a} The name and address of the appellant;
fib} The nature of the determination being appealed;
~c} The reason the determination is incorrect; and
~d} what the correct determination of the appeal shou] d be.
An appellant who fails to file such a statement within the time permitted
waives his/her objections, and his/her appeal shall be dismissed. Except
as provided in subsection ~6} of this section, the appeal fee is not refundW
able.
~2} ~f a notice of revocation is appealed, the revocation does
not take effect until final determination of the appeal.
~3} Unless the appellant and the city agree to a longer period,
an appeal shal 1 be heard by a heari rags off i ter within ~5 days of the receipt
of the notice of intent tv appeal. At least 10 days prior to the hearing,
the city shat 1 mai 1 notice of the time and 1 ocati on thereof to the. appal 1 ant.
~4} The hearings officer shall hear and determine the appeal an
the basis of the appellant's written statement and any additional evidence
he/she deems appropriate. At the hearing the appellant may present testi-
mony and oral argument personally or by counsel. The rules of evidence as
used by courts of law do not apply.
~5} If the appeal is from a denial, the applicant shall carry the
burden of proving that he/she is entitled to the license and wherein the
city erred i n its denial . If the appeal i s from a revocati on ar suspension,
the city shall carry the burden of proving that the revocation or suspension
was proper.
~6} The hearings officer shall issue a written decision within ~0
Ordinance - 8
days of the hearing date. The decision of the hearings officer after the
hearing is final, and may include a determination that the appeal fee be re-
funded to the applicant upon a finding by the hearings officer that the appeal
was not frivolous.
Section 13. Subparagraph ~h} of Section 3.131 of the Eugene Code, 1971,
is amended to provide:
.131 Ambulance Lice u~re
__ __ - ,,,,,' nse Req,,,.' ments. In addition tv the requirements
of section 3.041,~~~~~~each ambu~l once operator shall
~h} Submit to the city, upon approval of application, proof
of bond and/or all insurance required by rules adopted under this
chapter.
Section 14. Section 3.175 of the Eugene Code, 1911, is amended to pro-
vide:
3.175 Fire Safet -License Re uired.
. ~1} No person shall use a building or premises or engage in any
act~v~ty for which a permit ~s required by sections 4.101 to 4.102 of the
Uniform Fire Code as adopted and amended by sections 8.190 and 8.200 of this
code without first obtaining a license therefor. When more than one fire
safety permit,is required for the same facility, such fire safety permits
may be consolidated into a single license.
~2} In ,addition to the permits authorized i n subsection ~ 1 } above,
a special event fire safety permit may be issued for a period of up to 30
days or far the duration of the special event, whichever is shorter, upon
compliance with the criteria established therefor by administrative rule of
the city manager.
Section 15. Sections 3.111 and 3.192 of the Eugene Code, 1971, are
repealed.
Section 16. Sections 3.205, 3.207, 3.209, 3.211, 3.213, and 3.215 and
the following caption are added to the Eugene Code, 1971, to provide:
.Invest,~,gator
3.205 Investi anon A enc . No person shall operate an investigation
agency in whole yr in part, within the corporate limits of the city
without first abtai ni ng an agent certification from the city.
Ordinance - 9
.201 Unarmed In,v,est~ ator - Ger,t~ f i cat,~,,on Re u~,,,,.,~
g ,_,,,,._ _ q ,'red . No person shal 1 act
or be employed within the corporate limits of the city as an inves-
tigator without first obtaining a certification card issued by the city. The
city may issue an investigator certification card upon finding that the appli-
cant:
~a} Is not under 18 years of age; and
fib} Has not been convicted of an offense involving harrass-
ment, assault on another person, theft and related offenses,
narcotics or any sex-related offense:
I. If a violent crime, including sex related crimes,
within the preceding ten years, or
2. If a felony, within the preceding five years, or
3 . I f a mi sdemeanor, within the preceding three years ;
~c} Has not been convicted of any crime in the past year; and
~d} Has not violated any requirement of this code related
to the licensed activity.
3.209 Armed Investi ator - Certification Re uired. No person shall act
or be employed as an armed investigator without first obtaining an
armed investigator certification card issued by the city. The city shall
issue an armed investigator certification card if the person qualifies for an
unarmed investigator certification card and upon proof that the applicant
has successfully completed any test or other requirements approved by the
city related to the nature of the arms used.
3.21I Unarmed Invest~i,,gator ,_,,-,,_ R_equirem,„eats.
~1} In addition to the requirements of section 3.04I of this
chapter, each unarmed investigator shall:
~a} Submit to the city, upon approval of the application,
proof of a bond and ail insurance required by the rules adopted
under this code;
fib} Not falsify, deface, or obliterate any license, ident i-
fication card or certification card required under this chapter;
~c} Nvt divulge any information acquired from or for a client
to any person other than the client, except as authorized by the
client or as required by 1 aw;
~d} Obtain and maintain a val id investigator's certification
card issued by the city;
te} Have his/her certification card i n his/her possession
whi 1 e on-duty;
~f} Exhibit his/her certification card to any peace officer,
city manager or designee upon request;
fig} Not falsify, deface or obliterate any identification card
or certification card;
~h} Nat commit any offense set out in section 3.201 of this
chapter; and
,~i} Report to the city in writing within seven days any con-
v~ct~on for any offense set out in section 3.201 of this chapter.
. ~2} violation.of this section sha11 be grounds for suspension or
revocation of the cert~f~cation card.
Ordinance - 10
.213 Arme Investigator Re uireme
~ 1 } Each armed ~ ~i nvesti gator shall
~a} Comply with all requirements contained in section 3.211;
fib} Obtain from the city and maintain a valid armed certifi-
ation card. A concealed weapon permit as issued by Lane County
shall not be accepted in lieu of the requirements of this subsec-
tion;
~c} Have his/her armed certification card in his/her posses-
s~ on why 1 e on-duty; and
~d} Exhibit his/her armed certification card to any person
upon request.
~2} Violation of this section shall be grounds for suspension or
or revocation of the certification card.
Section 17. The caption immediately preceding Section 3,285, and Sec-
tions 3.285, 3.287, 3.288, 3.289, 3.291, 3.292, and 3.293 of the Eugene Code,
1971, are amended, and Section 3.295 repealed, to provide:
Security ,,,A,* e
.285 Security Agenc Lic
__~ , ,.,,Y, - ' , ense Required.
~1} Except as provided in subsection ~2} of this section, no per-
son shall operate a security agency within the corporate limits of the city
without first obtaining a license.
~2} The city may grant an exemption hereunder for a period not to
exceed one year to a governmental entity that hires an unlicensed security
agency to operate within the city limits, provided:
~a} The services are performed only on the governmental
entity's property;
fib} The governmental entity demonstrates that it has a pro-
gram that insures any security agency hired will safeguard the
public welfare; and,
~c} The governmental entity signs an indemnity agreement pro-
vi ded by the city manager which protects the city from all l i obi l i ty
arising out of the activities of the unlicensed security agency,
3.287 Securit A enc -Securit Officer; Certification Re uired.
~1} No person shall act or be employed as a security officer,
whether armed or unarmed, without first obtaining a certification card issued
by the city manager. The city manager may issue a security officer certifi-
cation card upon finding that the applicant:
~a} Is not under 18 years of age; and
~ b} Has not been convicted of an offense involving harass-
ment, assault on another person, theft and related offenses,
narcotics or any sex-related offense:
1. If a violent crime, including sex related crimes,
within the preceding ten years, or
Ordinance - 11
2 . ~f a fe1 ony, within the preceding five years, or
3. If a misdemeanor, within the preceding three years;
~c} Has not been convicted of any crime in the past year;
~d} Has not violated any requirement of this code related to
the licensed activity; and
fie} ~s ernplayed by, ar has an offer of employment from a
security agency currently licensed with the city.
~2} The city shall furnish a security agency with a copy of the
criminal records check for an applicant if the applicant has completed a re-
l ease of information form supplied by the city.
3.288 Securit A enc -Armed Securit Officer; Certification Re uired.
No person shall act or be employed as an armed security officer
without first obtaining a certification card issued by the city. The city
shal 1 issue an armed security officer certification card upon proof that the
applicant has successfully completed any test or other requirements approved
by the city related to the nature of the arms used.
3.289 Securit Agency - License Requirements. In addition to the re-
qui cements of~~~ section ~~3~.041 of ~th~i s chapter, a securi ty agency
shall:
~a} Maintain and make available to the city manager upon
request, all records required by rules adapted under this code;
fib} Employ as security agents only those persons who have a
valid security officer certification card issued by the city;
~c} Employ as armed security officers only those persons who
have a valid armed certification card issued by the city;
~d} Not employ any person who cannot be bonded or insured;
fie} Report to the city in writing within seven days any known
or suspected convictions of any employe of any offense set out in
section 3.287 of this chapter;
~f} Require each armed security officer to have his/her cer-
tification card to carry a firearm in his/her possession while
on-duty;
fig} issue to each empi oye an i denti f i cati an card that cam-
p1 ies with the rules adopted under this code;
~h} Require each employe to have his/her identification
card and security officer certification card in his/her possession
wh i 1 e an duty;
~i} Submit to the city, upon approval of the application,
proof of all insurance required by the rules adopted under this
code;
~j} Not falsify, deface, ar obliterate any license, identi-
fication card ar certification card required under this chapter;
and,
~ k} Not divulge any information acquired from ar for a client
to any person other than the client, except as authorized by the
client or as required by law.
Ordinance - 12
3.291 Securit A enc -Securit Officer; Certification Re uirements.
~1} A security officer shad
~a} Obtain and maintain a valid security officer certifica-
tion card issued by the city;
fib} Have his/her certification card in his/her possession
while on-duty;
~c} Exhibit his/her certification card to any person upon
request;
~d } Not falsify, deface ar obliterate any identification card
or certification card;
fie} Nat commit any offense set out in section 3.281 of this
chapter;
~ f } Report to the city i n writing within seven days any con-
vlct~on for any offense set out ~n section 3.287 of this chapter;
fig} Deliver his or her identification card and certification
card to his or her employer within three days from the date of ter-
urination of employment or the expiration of the term thereof; and,
~h} Comply with all requirements of section 3.041 of this
chapter.
~2} Violation of this section shall be grounds for suspension or
revocation of the certification card.
3.292 Securit A enc -Armed Securit Officer; Certification Re uire-
ments.
~1} An armed security officer shall:
~ a} Obtain and maintain a val i d armed certification card
issued by the city. A concealed weapon permit as issued by Lane
County shall not be accepted in lieu of the requirements of this
subsection ;
f fib} Have his/her armed certification card in his/her posses-
sion while on-duty;
~c} Exhibit his/her armed certification card to any person
upon request;
~d} Nat falsify, deface ar obliterate any identification
card or certification card;
fie} Deliver his or her identification card and certification
card to his or her employer within three days from the date of ter-
mi nati on of employment or the expiration of the term thereof; and,
~f} Comply with the requirements of section 3.041 of this
chapter.
~2} Violation of ,this section shall be grounds far suspension or
or revocation of the cert~f~cat~on card.
3.293 Securit A enc -Termination of Securit Officer. within seven
days of the termination from employment of any security officer,
whether certified or has an application pending, a security agency shall:
~a} Notify the city in writing of the termination;
4b} Recover the empl oye's certification cards and return
them to the city;
~c} Recover the employe's identification card;
~d} Nati fy the city of any fai 1 ure to comply with this sec-
tion.
Ordinance - 13
Section 18, Section 3.882 of the Eugene Code, 1971 is amended by add-
ing a new subparagraph (d) to Subsection (1) thereof and a new subparagraph
(q) to Subsection (2} thereof, to provide:
3.882 Towing ,- , Re,g,u1 ati ons .
~1} A parking facility owner shall not:
~d} violate any applicable federal , state, ar 1 oval 1 aw or
regulation.
~2} Any person engaged in the towing business or the vehicle stor-
age business shall not:
~q} violate any applicable federal , state, or 1 ocal law or
regulation.
Section 19. Section 3.886 of the Eugene Code, 1911, is amended to pro-
vide:
Towi n_ __ Posting,,. Rate Sch,,.,, ^
- ._,edu1 es .
~1} Persons engaged in the vehicle storage or towing business
shall display at their place of business a sign containing the schedule of
fees for all towing, recovery, care, or storage services. The letters and
numbers an the sign shall be machine or block lettered and readable from the
areas of the business open to the public,
~2} when towing vehicles from parking facilities there shall be
displayed an the tow vehicle in a manner easily read from outside the tow
vehicle, the schedule of fees for towing and disconnecting services. The
sign shall also declare no fee shall be charged prier to connection. The
letters and numerals on the sign shall be machine or block lettered and
readable from a distance of 20 feet.
,~3} Persons engaged in the vehicle storage or towing business
shall delver to the city manager a schedule reflecting the fees charged
for all towing, recovery, care or storage services, shall provide to the city
manager 15 days advance written notice of any proposed changes to those fees,
and shall not charge any fee other than as reflected vn the schedule on file
with the city manager,
Section 20, Subsection ~1} of Section 3.890 of the Eugene Code, 1911,
i s amended by adding anew subparagraph 4f } thereto, to provide:
3.890 Used_ Merchand~.se Deal er,_ - Requ..i rements.
~~~ ~ A used ~ merchand~~~se dealer shall:
Ordinance - 14
~ f } Comply with al 1 applicable federal , state, and 1 ocal
laws and regulations.
Section 21. The provisions of this Ordinance establish the procedures
to be followed from the effective date hereof, and shall not affect any
currently issued license, fee, rule or administrative order, which shall
remain in effect until the expiration of the term or amendment, repeal, or
repromulgation in accordance with the provisions hereof. Any person po sses-
sing a valid certification may undertake the activities regulated by the
certification through the expiration of that certification, without first
paying new license or certification fees. However, nothing in this section
shall exempt any person from compliance with all other requirements of this
Ordinance and regulations adopted hereunder, including requirements related to
criminal history checks, photo identification and certification cards, and
payment of fees for new identification/certification cards. The City Manager
is authorized to adapt rules to carry out the provisions of this Ordinance.
Section 22. The City Retarder, 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, and in particular, refer-
ences to Section 3.012.
Section 23. That the matters contained herein concern the public wel -
fare and safety and in order to provide for the orderly implementation hereof,
an emergency is hereby declared to exist, and Sections 1 and 2 of this OrdiY
Hance and the provisions adopted therein shall became effective immediately
upon the passage of this Ordinance by the City Council and approval by the
Mayor, and Sections 3 through 22 hereof and the provisions adopted therein
Drdinance - 15
shall became effective an February 14, 1991, except the City Manager is spe-
fically authorized to commence rule-making and fee-setting procedures neces-
sary for implementation of those provisions prior to their effective date.
Passed by the City Council this
14th day of January, 1991
/~~~` ~ /~
City Recor r
Approved by the Mayor this
14th day of January, 1991
r
.r
,,
Mayor
Ordinance - lfi