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HomeMy WebLinkAboutOrdinance No. 19605ORDINANCE N0. 19605 AN ORDINANCE CONCERNING THE DOWNTOWN PEDESTRIAN MALL; AMENDING SECTIONS 4.810, 4.871, 4.872, 4.876, 4.871, AND 4.879 OF THE EUGENE CODE, 1971; REPEALING SECTION 4.878 OF THAT CODE; ADDING SECTIONS 4.880 AND 4.881 TO THAT CODE; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: A. In the 1960's the City of Eugene joined with private property owners and businesses to reserve and enhance the downtown core of the City. p B. This ublic- rivate partnership resulted in the formation of the p P Eu ene Renewal Agency, a plan for the Central Eugene Renewal Area encompass- g in the downtown core, a special downtown development district, and other g ublic and rivate efforts designed to enhance the downtown area as the p P of the communit 's business, cultural and social life. center y C. Public and private investment in the Central Eugene Renewal Area since 1970 is estimated at aver $40 million, and a climate to continue such investment must be fostered if the renewal area is to remain vital. D, A !ce element i n the vitality of the renewal plan and area i s the Y Eu ene Pedestrian Mall, which is designed to provide an inviting pedestrian g environment for commercial , cut tural , social and political activities. E. Si nificant public expense is devoted annually to the continuing 9 develo ment redevelo ment, operation and maintenance of the Mall and its p ~ p ' ons. When abuse of the Mall, human behavior that discourages pedestrian envir of the Mall or conflicts regarding Mall uses adversely affect the purposes use 1 the Cit needs to rompt1y respond to ensure that the investment of the Mal , y p in the Mall accomplishes its purposes. ed on 19 ears of ex erience in managing and maintaining the F. Bas y p he fol1owin continue to need policy and regulatory attention: Mal ], t g Ordinance - 1 1. Providing a beautiful environment in the downtown core of the City that lends identity to the community. 2. Stimulating a diversity of commercial, cultural, social and political events far the citizens of the community. 3. Providing an attractive and safe place for citizens to visit, free from being accosted or insulted by strangers who seek recognition or favor by harassment, coercion or confrontation. 4. Stimulating private and public investment far the purpose of developing and redeveloping the downtown core and upgrading the retail environment. G. It is necessary to continue to regulate the use of the Mall to ensure the purposes for which it was constructed are realized, to proscribe behavior which detracts from the purposes of the Ma11, to minimize conflict between the diverse uses and interests associated with the Mall, and to prevent incom- patible activities which detract from the value of the Mall. Such regulations need to: 1. Establish and enhance commercial activities on the Mall and encourage private investment and business on abutting property; ~. Assure unencumbered pedestrian passage through the Mall; 3. Assure access to and pedestrian viewing of commercial activity an the Mall and on abutting private property; 4. Assure access for emergency vehicles; 5. Separate Mall activities by time, p1 ace and manner; fi. Recognize the unique features of the Mall and that its capacity and facilities are limited; 1. Allow a diversity of activity on the Mall. H. The evaluation of the intent and success of the Mall has led the ordinance - 2 Council to identify certain accomplishments and areas of continuing concern on the Mall: 1. The installed awnings have served to provide some shelter from the elements to pedestrians and have therefore served to enhance pedes- trian use of the Ma11. z. The Pushcart program and the Kiosks insure the quality of mer- chandising and contribute to the aesthetics of the Mall. 3. Two different community surveys have confirmed that transients or large groups of people congregating or loitering on the Mall and accosting or insulting pedestrians or other Mall users while seeking recognition ar favors by harassment, coercion or confrontation have a chilling effect on the economic vitality of the Mall because pedestrians so accosted or insulted seek other places to transact their business free of such behavior. 4. Assigning areas of the Mall for pedestrian ways and for commer- ci al pursuits al 1 ows free flow of pedestrians and reasonable unfettered access to each commercial activity. 5. The physical construction of the Ma11 limits the places where emergency vehicles should travel in the Mall if damage to the Mall is to be minimized. ~. Past regulation of the Mall has not fully achieved the purposes of the Mall. while the existing system of regulation has created a firm founda- tion and accomplished much that is necessary to meet the goals established for the Mall, there have continued to be complaints from pedestrians that they are accosted on the Mall and frustrated in their attempts to enjoy the Mall, there have been complaints from merchants i n property abutting the Mall that occasional congregations of people on the Mall which have not served the pur- Ordinance - 3 poses of the Mall have prevented these merchants from receiving the necessary services and support from the Mall, and there have been complaints from same persons in the downtown area surrounding the Mall that boisterous activity an the Ma11 has disturbed their normal business. Far these reasons it has proven necessary to regulate mare precisely some Ma11 activities. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based on the above findings, which are adopted herein, Sec- tions 4.870, 4.511, 4.812, 4.81b, 4.577, and 4.879 of the Eugene Code, 1971, are amended, Section 4.578 is repealed, and Sections 4.550, and 4.881 are added thereto, to read and provide: 4.814 Pedestrian Mall - Pur oses. Eugene's downtown pedestrian ma11 has been built to renew, preserve, and enhance the economic and aes- thetic value of the city's central business district and to provide facili- ties conducive to a harmonious blend of civic, social, cultural, and economic pursuits. Vehicular traffic is generally excluded to provide a pleasant public thoroughfare for pedestrians. Vehicle traffic was removed from the area of the mall to increase and expand pedestrian oriented activities, in- c1 udi ng economic and commercial activities, a place for civic and cut tural events, and elements of a public market and an urban park. One significant purpose of the mall i s to enhance the economic vitality of adjacent property . The mal 1 i s intended to encourage private investment i n the downtown area and to enhance the value of such investments by encouraging pedestrians to came to the area. The multiple uses of the ma11 are to be accommodated by reserving different areas of the ma11 ~ 1 } as visual amenities designed for everyone's enjoyment, ~Z~ for pedestrian uses, ~3} for use by abutting mer- chants, 44} for uses by other commercial pursuits and ~5} for public events. When compatible such uses may also occupy the same areas of the ma11. 4.871 Pedestrian Mall -Definitions. For purposes of sections 4.810 to 4.881 of this chapter, the following wards shall have the meanings ascribed to them by this section: Authorized activit . Any activity for which a mall activity permit may issue or a city sponsored activity. City manager. The city manager or his ar her designee. Cit s onsored event. An activity carried out by a city employee in the performance of assigned duties or an activity auth- ori zed by the city manager or city counci 1 to use the city's name. Ordinance - 4 Commercial ursuits, Any activity related to or connected with trade, commerce or fund raising involving the receipt of money or property, such as, but not limited to: advertising, displaying, distributing, selling, taking arders or offering to sell or take orders for goods ar services; providing a place for customers to sit; fund raising activities; street entertaining ar entertainment events where admission is charged ar donations are directly or indirectly solicited; inspections or maintenance of utility equip- ment and facilities; activities related to construction or demoli- tion on abutting private premises. Disp~. visual portrayals or physical objects affixed to or standing upon the mall, including but not limited to signs, pic- tures, markers, inscriptions, objects that are inanimate or mech~ anically or electronically animated but which remain stationary in location. Entertainment events. The conducting, presenting, partici- pating in musical, theatrical, cinematic, choreographic or athletic performances which is likely to attract an audience of twenty-five or more persons or which uses four or more performers. Fund rai„sing. Actions which directly or indirectly request anything of~~va1ue from persons with whom the requestor has not been previously associated as a family member, friend or companion. Impede. To prevent progress or movement. Interferes with, A person "interferes with" an authorized activity if that person does one or more of the following: ~a} Enters in or upon and uses an area of the mall which has been reserved for an authorized activity far a purpose other than in accordance with the authorized use; ~b~ Engages in conduct which imminently threatens to cause or causes a speaker or performer to cease speaking or performing or threatens to cause or causes an audience to be unable to hear the speaker or performer~s~; ~c} Except when viewing ar participating in an auth- orized activity, engages in conduct within ~0 feet of an authorized activity which prevents reasonable people with narmal sensitivities participating in the properly author- ized activity from carrying on a narmal conversation. Ma act ~ ~ t e v' y p,,,,,,,rmi t. A permi t applied for and issued i n accordance wit,.. sect~~ h ' on 4.871 of th i s code. Ma11 or Eu ene Pedestrian Mall. ~a} That area known as the Central Plaza, at the south- east corner of Broadway Avenue and Willamette Street, and ly- ing between the south margin of Broadway Avenue and aline parallel, and 19.6 feet south of, that margin, and between the east margin of Willamette Street and aline parallel to, and 55 feet east of, that margin; plus the following parts of the following thoroughfares that are constructed from time to time pursuant to Eugene Ordinance No. I59o7, except the traffic lanes an Willamette Street and on Broadway Avenue East that provide access for motor vehicles to financial institutions: Broadway Avenue from the east margin of Charnel ton Street to the west margin of Oak Street. Ordinance - 5 Olive Street from the south margin of Eighth Avenue to the north margin of Tenth Avenue. Willamette Street fram the south margin of Eighth Avenue to the north margin of Tenth Avenue. The alley between Charnelton Street and Olive Street from 30 feet north of the narth margin of Broadway Avenue to 30 feet south of the south margin of Broadway Avenue. The alley between Olive Street and Willamette Street fram 30 feet north of the north margin of Broadway Avenue to 30 feet south of the south margin of Broadway Avenue. The al 1 ey between Wi 11 amette Street and Oak Street fram the south margin of Broadway Avenue to 160 feet south of the south margin of Broadway Avenue; alley between Broadway Ave- nue and Tenth Avenue from the east margin of Willamette Street to 16o feet east of the east margin of Willamette Street. The alley between Broadway Avenue and Tenth Avenue from the west margin of Willamette Street to 160 feet west of the west margin of Willamette Street and fram the east margin of Olive Street tv 152 feet east of the east margin of Olive Street. The alley between Tenth Avenue and Eleventh Avenue from the centerline of Willamette Street to 193 feet east and 193 feet west of said centerline. fib} All public improvements made within the area desw cribed in subpart ~a} of this definition. Noise disturbance, A noise disturbance which is plainly audible to two ar more persons who are located within a roam with all windows and doors to the outside shut which is in a building open for business and abutting the mall. The definitions of sec- tion 4.0801} of this code sha]1 apply to this subpart. Permittee. Includes any person designated as the applicant i n the application for the mal 1-activity permit and any employee, agent, representative or volunteer assisting with an authorized activity. Street entertainer. Three or fewer persons conducting, pre- senting, participating in musical, theatrical, cinematic, choreo- graphic or athletic performances to an audience of not more than twenty-four persons. Written material. Any literature, pamphlet, packaging ar similar material intended to communicate any message through writ- ing, 4.812 Pedestrian Mall -Prohibited Acts. ~1} Except when approved as part of an authorized activity, the fol 1 owl ng acts are prohibited on the mall ; ~a} Interfering with an authorized activity. fib} Climbing any tree. ~c} Except for stairways and childrens' pi ay area apparatus, climbing any mall structure which is more than six feet in height on either side. Ordinance - 6 ~d} Climbing any structure in such a manner as to create a danger of personal injury or property damage. fie} Impeding any pedestrian or emergency access lanes. ~f} Sitting an any Central Plaza fountain step when other persons or objects are currently occupying more than one half of that step. fig} Except far on-duty trained dogs being used to assist handicapped persons or police, bringing or allowing any uncaged animal onto the mall. ~h} Depositing or leaving any substance other than water in a fountain or using the water in a fountain for any purpose other than wading. ~i} Except in an emergency or except for grassy areas lying down. ~j} Except for children under six years of age, sleeping. ~k} Impeding any pedestrian or emergency access lanes. ~l } Riding a bicycle. gym} Riding or using a skateboard or rollerskates. fin} Engaging in a commercial pursuit. ~o} P1 aci ng a di sp1 ay. gyp} ,Except as provided in section 4.819, conducting or parti- c~pat~ng ~n the conduct of any activity with four or more persons or which is likely to attract at any one time an assembly of over 25 people. ~q} Creating or continuing a noise disturbance. fir} Except for publicly awned vehicles ar public utility vehicles when responding to an emergency, operating or parking a motor vehicle. ~s} Except for subpart ~f} of this section, sitting on any mall surface intended for pedestrian purposes. fit} Entering into a shrubbed or flowered area ar acting in a manner harmful to any plant life on the mall. ~2} No person on the mall shall, while in charge of a child under 12 years, allow the child to violate any provision of this section or of sec- t~on 4.881. 4.876 Pedestrian Mail - Activities Re uirin Permits, Except for partiY cipants in a city sponsored event, na person or business shall con- duct any of the following activities without first receiving a mall activity permit: ~a} Any commercial pursuit. fib} Placing a display or allowing a display in one's charge to remain. ~c} An entertainment event. ~d} ,Conducting or participating in the conduct of a meeting that ~s likely to attract at any one time an assembly of mare than 25 persons. fie} Creating ar continuing a not se disturbance on the mal 1. ~f} Operating or parking a motor vehicle an the mall. Ordinance - 7 4.877 Pedestrian Mall - Permit A lication Procedure. ~1} Application. ~a} Except as otherwise specifically provided in this section, a mall-activity permit is subject to the provisions of sections 3.020 to 3.060 of this code. An application for a permit shall be obtained from and filed with the city manager. fib} The city manager sha11 determine whether to issue the permit within the time specified for each activity below. The time shall commence upon the city manager receiving a complete applica- tion. If an activity falls within multiple categories, the longer time shall control. Any application for an activity permit not apprOVed within the time specified shall be deemed denied. Time to Process Activit Application Activity involving less than 4 persons 1 day Activity not 1 i ke1 y to attract an audience of 25 people I day Fund raising 1 day Street entertainer 1 day Activity involving 4 or more people 5 days Activity likely t0 attract an audience of 25 or more people 5 days Entertainment event 5 days Sale of goods or services ~5 days All other activities ~5 days ~ 2} A royal of a 1 i cat i an . f .~a} The city manager may issue a mall activity permit upon finding that the applicant has met all requirements of federal, state, and county law, this code, and rules made pursuant to this code, fib} ~f an application for anew or renewed permit is approved, the city manager shall notify the applicant in writing. The notice sha11 state any conditions placed on the approval and any further requirements the applicant must meet before a permit will be issued. ~c} The city manager may subject the permit to such additional conditions as are necessary to assure proper use of the mall. Such conditions may include but are not limited to payment to the city for anticipated additional and unusual expenses required of the city because of the authari zed activity. ~d} Use of the mall by permit may be carried on only i n accordance with the conditions of the permit and applicable 1 aws and regulations. Fai 1 ure to comply with this subsecti an shal ] be cause for summary suspension of the permit by any officer of the city, and revocation thereafter as provided in subsection ~5} of this section. fie} Permits issued under this section shall not be transfer- red to any other person. ~f} Except for emergencies or when the public interest is served, use of the mall authorized by a permit granted in accord- ance with this section may not be carried on between midnight and 6:00 a.m, on any day. The permit shall specify time limits for the permitted use. Ordinance - 8 ~3} Term and Renewal. ~a} A permit shall be valid for the period of time specified on the permit, not to exceed six months. fib} An application far renewal of a mall activity permit shall be submitted to the city manager prior to the expiration date of the permit and shall be accompanied by the required fee and other required documents. ~4} Evidence of Permit. The permit shall be shown upon request from any officer of the city, If the permit is not so shown, the activity shall immediately cease until the permit is so shown, and any persistence in the activity during that time shall constitute a violation of this code and a cause for summary suspension and passible revocation thereafter as provided in subsection ~5} of this section. ~5} Denial, Revocation ar Sus ension of Permit. Except as other- wise provided in sections 4.870 to 4.811, the provisions of sections 3.050 to 3.055, where applicable, shall apply to the denial, revocation or suspen- sion of mall activity permits. ~6} Appeal. The provisions of section 3.06o shall apply to an appeal of a decision of the city manager. 4.879 Pedestrian Ma11 - Re ulator Power. The city manager shall have the same administrative powers as set forth in section 3.015 of this code to make rules and regulations for implementation of sections 4.870 to 4.881 of this code. The manager shall promulgate rules on all necessary matters, including but not limited to: those functions assigned in sections 4.870 to 4.581, additional criteria and procedures for the use of the mall, determination of appropriate activities, their location, times and conditions of use and access to the mall and its related public facilities and areas, fees for the use of the mall, and the issuance, denial, suspension and revo- cation of permits. Such rules and regulations shall be made in compliance with the procedures set forth in section 3.012 of this code. 4.880 Pedestrian Mall -Standards for Rules. ~1} All rules made pursuant to section 4.819 of this code shall be consistent with the findings adopted by the council and with sections 4.870 to 4.SS1 of this code. ~2} In the development of rules concerning mall activity permits, the city manager shall consider the following: ~a} Permits shal l be granted unless the activity would not be in compliance with federal, state or county law, this code and rules made pursuant to this code, ar would be contrary to the pur- poses of the mall as stated in section 4.870. fib} A permit shall not be granted if the authorized activity would conflict as to time or location with another authorized acti- vity or with the flaw of pedestrian traffic through the mall to such an extent that the purposes of the mall would not be served. ~c} No permit shall be issued which would constitute a demon- strable danger to public health, peace, safety or to public or private property. ~d} All rules and regulations imposing restrictions on per- mits, and any conditions imposed on particular permits shall impose Ordinance - 9 no greater restrictions on authorized activities than is necessary to preserve the public interest and purposes of the mall. fie} The city manager shall, wherever possible, give priority in issuing permits to owners and tenants in adjacent property and to city sponsored events. ~f} Except as provided in subsection ~2}fie} of this section, the city manager sha]1 consider the limited space available for some activities and the pattern of past use of the mail in issuing per- mits for competing activities to provide the greatest amount of diverse activity passible vn the mall. 4.881 Pedestrian Mall - Distribution of Material on the Mall. ~1} Except for distribution of materials constituting a commerial pursuit, distribution of written material may occur without obtaining a mall activity permit. Distribution of written material is allowed provided any person making the distribution 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 or when distribution ceases, whichever first occurs. Failure to promptly remove such material from the mall may result in the city performing the removal required of the distributor and billing and collecting the cost from any person responsible. ~2} Any person or organization which fails to remove from the mall discarded written material distributed by that person ar organization shall have committed a violation of this code. Section 2. The City Recorder, at the request of yr with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein ar i n other provisions of the Eugene Code, 197 ~ , to provisions amended or repealed herein. Section 3. That the matters contained herein concern the public welfare and therefore, an emergency is hereby declared to exist, and this Ordinance shal l became effective immediately upon its passage by the City Counci l and approval by the Mayor. Passed by the City Council this 27th day of February, 1989 D~~City Recorder Ordinance - 10 Approved by the Mayor this 27th day of February, 1989 layor To: Subject: CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT Date: KATHY FIELAND March 10, 1989 Ordinance Nv. 19~U5 Concerning the Downtown Pedestrian Maly The final approved draft of this ordinance contains an improper reference to a section of the Eugene Code. Pursuant to section ~ of ordinance 196~5,the City Attorney's office requests that you correct this error. Section 4.87~~1}gyp} currently provides: "'Except as provided in section 4.879, * * *." The reference to section 4.879 is incorrect, this should refer to section 4.881 of the Eugene Code. Please change the reference in section 4.872(1}gyp} to section 4.881. . HARRANG, LANG, wATKINS4N, ARNGLD & LAIRD, P.C. - CITY ATTaRNEYS By: 6"(yid- ~~~'~~riC~-_ MRM:drh Milo R. Mecham RECEIVED BY: MAR 151989 CITY RECORDER