HomeMy WebLinkAboutOrdinance No. 19337ORDINANCE N0. 19337
AN ORDINANCE CONCERNING SPECIFIC BUSINESS LICENSE REGULA-
TIONS; AMENDING SECTIONS 3.x05, 3.410, 3.411, 3.415, 3.990,
8.445, 5.624, AND 5.115, OF THE EUGENE CODE, 1971; ADDING
SECTIONS 3.180, 3.182, 3.183, 3.154, 3.155, 3.285, 3.287,
3.285, 3.289, 3.291, 3.292, 3.293, AND 3.295 TO THAT CODE;
AND REPEALING SECTIONS 3.194, 3.195, 3.200, 3.245, 3.214,
3.215, 3.217, 3.219, 3.224, 3.253, 3.314, 3.315, 3.315,
3.317, 3.315, AND 3.319 OF THAT CODE.
THE CITY DF EUGENE DOES DRDAIN AS~FO LLOws:
Section 1. Section 3.045 of the Eugene Code, 1971, is amended by add-
ing, immediately after the definitions for "Ambulance", the caption and
definitions for "Detective ar Security Agency", adding immediately after the
definitions for "Gambling" , the caption and definitions for "Gas Fitter" ,
and deleting therefrom the present definitions for "Detective", "Merchant
N ..
Police", "G'as appliance dealer", "Gas dealer -liquefied petroleum gas",
'Gas f i tter" , and "Gas instal 1 ati on contractor" , al 1 to read and provide:
3.405
Detective or Security A ency:
Detective or Security Agency. Any person engaged in the busi~
Hess of watching, ~uard~~ ng,~~~~~ or protecting property or persons, or
engaged in the business of investigation, excluding any law enforce
ment agency of the United States or any state, county or city while
engaged in the performance of his/her official duties, or exclud-
ing any person comprising an on premise agency employing indivi~
duals to watch, guard, or protect its awn premises, property, or
persons thereon.
Armed Detective or Security Dfficer. Any person engaged in
the occupation of watching, guarding or protecting property or per-
sons, or engaged in the occupation of investigation, who has a
firearm in his/her possession while so employed, excluding any
officer or employe of any law enforcement agency of the united
States, or any state, county or city while engaged in the perform-
ance of his/her official duties.
Inyesti atia.n. Any activity that has the purpose of obtaining
information about any of the fallowing matters; actual or poten-
tial crimes or wrongs against any government; the habits, conduct,
movements, associates, transactions, reputation or character of
Ordinance - 1
persons; the credibility of witnesses or 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 ar injury to real or personal property.
~;ac ~;+t~ar~
Gas Fitter - Natural and Manufactured. A person who installs,
repairs, alters, or services any container, regulator, gas consum-
ing apparatus ar piping system or appurtenance thereto for use with
natural or manufactured gas.
Gas Fitter - Li uefied Petroleum Gas. A person who installs,
repairs, alters or services any container, regulator, gas-consuming
apparatus or piping system, or appurtenance thereto for use with
liquefied petroleum gas.
Section 2. Section 3.010 of the Eugene code, 1971, is amended by delet-
ing from the table of licensed businesses the provisions for Detective agency,
Detective, private, Electrical sales, Gas appliances and service, Merchant
police agency, Merchant police 1, 11, and I1I, Nate 2, Note 3, Note 4, Note 5,
Note 17, Note 18, and Note 19.
Section 3. Section 3.011 of the Eugene Code, 1971, is amended to read
and provide:
Business Licensin Procedures
3.011 Business Licenses - Procedures Generally.
~1} The procedures and requirements of sections 3.012 to 3.075 of
this code apply to all persons licensed under this chapter, unless otherwise
provided.
~2~ Application, issuance, denial, revocation and suspension of
certification cards required under this chapter shall be governed by proce-
dures and requirements in sections 3.012 to 3.075 of this chapter.
Section 4. Subsection ~1~ of Section 3.015 of the Eugene Code, 1971,
is amended to read and provide:
3.015 Business Licenses - Administrative Powers of the city Mana er or
Desi nee.
Ordinance - 2
~~} The city manager shall have the authority to approve rules
concerning the administration and enforcement of this chapter. The rules
may address, but are not limited to:
~a~ Application fees required with each business license ar
certification card application calculated to reimburse the cost of
processing the application;
~b~ The procedures to be followed and information to be re-
quired regarding an application fora new or renewed license or
certification card
~c~ The procedure to be used in reviewing applications far
all new and renewal licenses and certification cards;
~d~ A requirement for the provision of bonds and/or insur-
ance, and the amounts and types thereof, sufficient to protect the
public and city against lass or injury;
Section 5. The fallowing Sections are added to the Eugene code, 1971,
tv read and provide:
Fire Safety
3.184 Fire Safety - Term of License.
~1~ The city may be divided into regions in order to stagger the
renewal dates of fire safety licenses to allow for efficient inspection and
enforcement.
~C~ Different renewal dates may be established for each region,
with licenses effective fora period of one year from the renewal date.
~3~ Anew license shall be effective from the date of issuance to
the next renewal date for that region, with initial fees prorated on the
basis of the time remaining in the license period.
3.182 Gas Fitter - License Re uired. No person shall install, repair,
alter, ar service any container, regulator, gas consuming appara-
tus, piping system, or appurtenance thereto which uses natural gas, manufact-
ured gas, ar liquefied petroleum gas within the corporate limits of the city
without first obtaining a license.
3.183 Gas Fitter - Administrative Powers of the City liana er. ~n addi-
tion to the administrative powers conferred in sections 3.41 to
3.075 of this chapter, the city manager may adopt rules concerning the mini-
mum training and qualifications for gas fitters necessary to protect the city
and public from lass or injury.
3.184 Gas Fitters - License Re uirements.
(1~ ~n addition to the requirements of section 3.441 of this chap-
ter, a gas fitter shall submit to the city, upon approval of application,
proof of a performance bond and comprehensive general liability insurance
required by the rules adopted under this chapter.
Ordinance - 3
~Z} A natural or manufactured gas fitter shall pass a written test
given by the city with at least a 7a percent score. The test shall be design-
ed to determine an applicant's knowledge of and competency in the standards
for safe and satisfactory instal 1 ati on, repair, alteration and servicing of
containers, regulators, gas-consuming apparatus or piping systems, and appur-
tenances thereto.
~3} ~A liquid petroleum gas fitter shall possess a current liquid
petroleum gas fitters license issued by the State of Oregon.
3.185 Gas Fitters - License Term. A gas fitter's license shall be valid
from the date of issuance fora term of three years.
Detective or Security A ency
3. Z85 Detective or Security A ency - License Re ui red . No person shal 1
operate a detective or security agency within the corporate limits
of the city without first obtaining a license.
3.Z8? Detective or Security A ency - Detective or 5ecurit Officer;
Certification Re wired.
~1} No person shall act or be employed as a detective or security
officer, whether armed or unarmed, without first obtaining a certification
card issued by the city. The city may issue a detective or security officer
certification card upon finding that the applicant:
~a} Ts not under 18 years of age; or
fib} Has not been convicted of an offense involving harrass-
ment, assault on another person, theft, narcotics or any sex-
. related offense:
1. If a felony, within the preceding five years, or
Z. ~f a misdemeanor, within the preceding three years.
~Z} A detective or security officer certification card shall be
valid from date of issuance fora term of five years.
3.288 Detective ar Security A ency -Armed Detective or Security Officer;
Certification Re wired.
~1} No person shall act or be employed as an armed detective or
security officer without first obtaining a certification card issued by the
city. The city shall issue a certification card to carry a firearm upon
proof that the applicant:
~a} Has successfully completed a course of training and test-
ing approved by the city in the use, handling and nomenclature of
firearms and the laws related to the limitations on the use of
force; and
fib} Ts not prohibited by federal or state law from carrying
a firearm,
~Z} A certification card to carry a firearm shall be valid from
date of issuance fora term of two years.
3.289 Detective or Security A ency - License Re uirements. 1n addition
Ordinance - 4
to the requirements of section 3.041 of this chapter, a detective
or security agency shall:
~a} Maintain and make available to the city upon request,
all records required by rules adapted under this chapter;
fib} Employ only those persons who have a valid detective or
security officer certification card issued by the city;
~c~ Employ as armed detectives or security officers only
those persans who have a valid certification card to carry a fire-
arm issued by the city;
~d~ Not employ any person who cannot be bonded ar 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 3.2$l of this chapter;
~f} Require each armed detective or security officer to have
hislher certification card to carry a firearm in his/her possession
whi 1 e on-duty;
fig} issue to each employe an identification card that com-
plies with the rules adopted under this chapter;
~h~ Require each employe to have his/her identification
card and detective or security officer certification card in hill
her possession while on duty;
~i} Submit to the city, upon approval of the application,
proof of performance bond and all insurance required by the rules
adopted under this chapter;
(j~ Not falsify, deface, or obliterate any license, identi-
fication card or certification card required under this chapter;
and,
~ k~ Not divulge any i nformati an acquired from or fora client
to any person other than the client, except as authorised by the
client or as required by law.
3,291 Detective or security ~ ency - Detective or security Officer'
Certification Re uirements.
~ 1 ~ A detecti ve or security officer shall
~ a~ Obtain and mai ntai n a valid detective or security officer
certification card issued by the city;
~b~ Have his/her certification card in his/her possession
while on-duty;
~c} Exhibit his/her certification card to any city official
or employe upon request;
~d~ Not falsify, deface ar obliterate any identification card
or certification card;
~e~ Not commit any offense set out in section 3.2$7 of this
chapter;
~f~ Report to the city in writing within seven days any con-
viction for any offense set out in section 3,2$7 of this chapter;
and,
fig} Comply with al 1 requirements of sectian 3, 041 of thi s
chapter.
~2~ violation of this section shall be grounds for suspension or
revocation of the certification card.
ordinance - 5
3.292 Detective or Security A ency -Armed Detective or Security officer•
Certi f i cati an Re ui cements . '
~1} An armed detective or security officer shall:
~a} obtain and maintain a valid certification card to carry
a firearm 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;
fib} Have his/her certification card i n his/her possession
while on-duty;
~c} Exhibit his/her certification card to any person upon
request;
~d} Nat falsify, deface or obliterate any identification
card or certification card; and
fie} Comply with the requirements of section 3,041 of this
chapter.
~2} Vi o1 ati on of this section shat l be grounds for suspension or
or revocation of the certification card.
3.293 Detective or Security A ency -Termination of Armed Detective or
5ecuri ty officer. ~i thi n seven days of the termi nati an from em-
ployment of any armed detective or security officer, a detective or securit
y
agency shall:
~a} Notify the city i n writing of the termi nati an;
fib} Recover the employes certification cards and return
them to the city;
~c} Recover the employes identification card;
~d} Notify the city of any failure to comply with this sec-
tion.
3.295 Detective or Security A ency -Administrative Powers of the City
Mona er. In addition to the administrative powers conferred in
sections 3.012 to 3.075 of this chapter, the city manager may adopt rules
concerning:
~a} The form and content of records to be maintained by a
detective or security agency;
fib} The form and content of the identification card to be
issued by a detective or security agency to its employes;
and
(c} The form and content of the test to be administered to
applicants far an armed detective or security officer certi f i ca-
tion card.
Section 6. Subsection ~4} of Section 3.990 of the Eugene Gode, 1971,
is amended to read and provide:
3.990 Penalties - S ecific.
~4} Violation of sections 3.715 and 3.812 is punishable by a fine
not to exceed $500 or confinement in jail not to exceed 100 days, or bath
fine and imprisonment.
ordinance - 6
Section ~. Sections 3.190, 3.195, 3.200, 3.205, 3.210, 3.215, 3.217,
3.219, 3.220, 3.2$3, 3.314, 3.315, 3.316, 3.317, 3.318, and 3.319 of the
Eugene Code, 1971, are repealed.
Section 8. Subsections (16) and (17) of Section 8.005 of the Eugene
Code, 1971, are amended to read and provide:
8.005 Administrative Code Amendments. The 1979 edition of the uniform
administrative code is amended to provide:
~16~ Anew Section 309- Demolition Permit Procedures, is added to
provide
Section 309 - Demolition Permit Procedures.
~a~ Issuance of ermit. No building permit for demolitian
ar work involving demolition sha11 be issued until the owner or
applicant has filed with the permit application a plan indicating
the length of time to complete the demolitian, whether there will
be salvage of material, the manner in which the site will be secur-
ed against accessi bi 1 i ty by chi 1 dren and other unauthorized per-
sons, and haw compliance with Chapter 44 Protection of Pedestrians
During Construction or Demolitions of the Oregon State Structural
. Specialty Cade will be achieved, and has otherwise complied with
applicable state and local laws.
fib} Completion. The building demolition for which a permit
is issued shall be completed within 60 days of the date of the
permit. An extension of time may be granted by the building offi-
ci a1, provided the demal i ti on i s progressing sati sfactori 1y.
~17~ Anew Section 310 - Movin Structures Procedures, is
added to provide:
Section 310 - Movin Structures Procedures.
~a~ ins ection. Upon payment of an inspection fee as estab-
l fished by resolution of the counci 1, the bui 1 di ng official shal 1
inspect the house, building, or other structure, and advise the
applicant whether or not the same can be moved in accordance with
this section. No moving permit shall be issued until the building
or structure has been sa inspected.
~b~ Bond. The applicant shall, upon filing the application,
pay to the city the moving permit fee i n the amount established by
resolution of the council, and shall also file with the building
official a sufficient bond or cash deposit in an amount determined
necessary by the building official, but in no case less than
$2,000. The applicant shall certify that he/she will place the
building or structure, after moving the same, so as to meet the
following requirements:
1. The moved structure, including its foundation,
uti 1 i ty connections, additions, and a1 terati on s to the
building at the new location, shall comply with all the
applicable codes and ordinances of the city relating to new
Ordinance - 7
construction.
2. The moved building shall be made to comply with
al 1 the requirements of the applicable city code i f the bui ld~-
i ng i s intended fora residential use.
3. The site improvements, including the plans f i 1 ed
in accordance with section 3~O~e~, shall be installed.
4. The preceding requirements shall be completed
within 1$0 days from the date of issuance of the moving
permit.
~c~ insurance. An applicant fora permit to move a
structure shall file with the building official a copy of
his/her public liability and property damage insurance as
required in section 8.730 of this chapter.
~d~ Fees. The fees to be paid by the applicant for the
inspection fee and moving permit fee as provided by section 31C~ a~
and fib} shall be established by resolution of the council, These
fees cover the initial building evaluation and the use of city
streets only and are not to cover costs for other services such as
police or other escort services, posting of "No Parking" signs,
traffic rerouting, tree triming, moving, lifting, relocating, or
otherwise protecting city owned utilities, or for protecting, mav~
ing, or relocating privately owned vehicles or other private prop-
erty. Separate charges far such services shall be determined by
the affected department or agency and paid by the building mover.
fie} Plan filed. Plans and specifications must be filed
with the bui 1 di ng official as part of a bui 1 di ng permit apps i ca-
ti on before a moving permit wi 11 be issued. Plans f i 1 ed shal 1
show the following;
1. Reconstruction or alterations necessary to comply
with city law and the building official's report specified
in section 310~f}.
2. A plot plan of the site showing the proposed
1 ocati on of al 1 buildings and improvements, including
driveways, sidewalks, parking areas, and landscaping.
3. The additions, alterations, foundations, and other
improvements to be constructed or installed at the new
site.
~f} issuance or denial of ermits. The building official
shall investigate and examine the building proposed to be moved,
the streets and public and private property over, along, or across
which the building is proposed to be moved, and the new lacatian
of the building, for the purpose of determining if the building
may be moved with safety and made to comply with all the require-
ments of the Eugene Code, 197, and to determine whether any
streets or public or private property will be injured or damaged
by the proposed move.
~f the building and the proposed mane meet all the terms,
conditions, and restrictions as set forth in Chapter 8 of the
Eugene Code, 19?~, and in the opinion of the building official,
the moving of the building will da no damage to any streets or
public or private property along the route of the proposed
building move, then the building official shall issue the permit.
The building official shall refuse to issue a permit if he/she
Ordinance -- 8
finds
1. That the building is too large to move without
endangering persons or property in the city, or would damage
property as set forth above.
2. That the building is in such a state of
deterioration or disrepair, or is otherwise so structurally
unsafe, that it cannot be moved without endangering persons
or property.
~. That the building is structurally unsafe ar unfit
for the purpose far which moved, if the new location is in
the city .
4. That the applicant's equipment is unsafe and that
persons and property may be endangered by its use.
5. That zoning ar other ordinances would be violated
by the building in its new location.
6. That for any other reason persons or property
would be endangered by moving of the building.
~g~ dse of dollies. A person engaged in the business of
moving bui 1di ngs sha11 use only dol 1 i es with rubber-tired wheels.
The weight of the building shall be supported on the dollies so
that the wheel load will not exceed the pavement design as
established by the city engineer, or properly designed planking
shall be used so as not to overload or damage pavement or
underground utilities within the public streets. Planking shall
be required aver al 1 si dewa1 ks and curbs over whi ch a bui 1 di ng i s
maned.
(h~ Trees. any person moving any building or other struc-
ture shall move the same without damage to trees in the street or
in front of any property. ~t shall be the duty of any building
mover before moving any building to obtain the consent of the
parks and recreation department.
~i~ Buildin son streets. It shall be unlawful fora person
moving a building or structure to leave the same standing on the
streets. Helshe must keep the same moving with due diligence, and
a failure to do so fora period in excess of Z4 hours, Sundays and
legal holidays excepted, shall be deemed a nuisance. The city is
hereby authorized to dismantle and remove from the street a build-
ing left standing in excess of Z4 hours. In order to carry nut
the provisions of this section, the city is hereby authorized and
directed to employ such assistance as may be necessary for the
removal of such building ar structure without unreasonable delay.
The cost and expense of dismantling and removing a building or
structure shall be a charge against the person owning the struc-
ture. The city shall hold the lumber and other materials of which
the building was composed and shall have alien thereon in the
amount of the expense and cast of dismantling and removing the
same.
~j~ Removal of litter. A.person moving a building or struc-
ture sha11 remove all litter, rubbish, or material caused by the
moving within a period of two days after the building has been
moved.
Qrdinance - 9
Section 9, Section 8.62D of the Eugene Code, 1971, is amended by add-
ing in alphabetical order therein the following:
8.60 Definitions.
Sign contractor,_ general. A person engaged in the business
of hanging, rehanging, placing, assembling, installing, repair-
ing or structurally altering any sign provided far within the
Eugene Sign Code.
Si n contractor, limited. A person engaged in the business
of hanging, rehanging, placing, assembling, installing, repair-
ing or structurally altering any non-illuminated sign which is:
~a~ Painted upon, attached to, or erected against the
.wall of a building ar structure with the exposed face in a
plane parallel to the place of the wall;
~b~ Projecting not more than four ~4~ inches from the
building wall or not exceeding eight (8} feet above grade if
free standing; and
~c} Not exceeding 1~8 pounds in weight.
Section 1D. Section 8.715 of the Eugene Code, 1911, is amended to read
and provide:
S. 715 Permits and Regi strati on - Requl ati ons.
~1} ~A~ge~eral sign contractor shall register with the building
official and steal 1 submit documentati an of experience and training i n sign
construction, erection and repair or a related field of construction acti-
vity.
(~} Any person who performs electrical work limited to servicing
electrical signs and outline 1 i ghti ng i s required to have a vat id State of
Oregon Limited Journeyman Sign Electrician ` s 1 i tense, shat 1 be employed by
a licensed electrical contractor, and shall provide proof of compliance
with the public liability and property damage insurance requirements of sec-
tion 8.73D of this chapter,
~3~ Na person sha11 erect, construct, alter or relocate any sign,
unless a sign permit has been issued by the building official far same. A
separate permit shall be required for each sign, Application fora sign per-
mit shall be made in writing on farms furnished by the building official.
Such application shall contain the location of the sign structure, by street
and number as well as the name and address of the sign owner or lessee, and
of the sign erector. The building official shall require the filing of plans,
structural calculations and such other pertinent information as required to
insure compliance with this code. Permits shall be issued only to sign con-
tractors registered in accordance with this chapter or any property owner
erecting a sign or sign structure on his own property for his own use, pro-
vided the sign erection work is performed by such person or persons regu-
larly and directly under his employ.
~a} Structural deli n. Signs more than twenty ~20~ feet in
Ordinance - 1D
any dimension, or located more than twenty ~ZO} feet above grade,
shall be structurally designed, including their attachment tv the
building or structure, by an architect or engineer licensed in
the state, and plans far such signs shall bear the architect's or
engineer's seal, or shall conform to design standards agreed upon
by the sign industry and the building official, conforming to
this code.
~b~ Other permits. The permit required by this section
sha11 be separate from any permit required for electrical
installations or equipment to service such sign, as specified
i n the e1 ectri ca 1 code ,
~ c} Compl,i once. The bui 1 di ng official shat 1 not issue a
permit fora sign covered by application duly made, unless the
sign and its location is in compliance with the provisions of
this code. No permit issued hereunder may be assigned or
transferred.
~d~ Duration a_f permit. ~f the sign authorised by a sign
permit is not insta~~led within 6C days after the date of issue,
such permit shall be void, except when larger signs require more
time to build and install, and evidence is shown that work is
progressing at normal rate.
Passed by the City Counci 1 thi s
2~th day of June, X985
~~~ ,City ecorder
Ordinance - ~~
Approved by the Mayor this