HomeMy WebLinkAboutOrdinance No. 19338ORDINANCE ND. 19338
AN ORDINANCE CONCERNING UNIFORM BUSINESS PRACTICES; AMEND-
ING SECTIONS 2.013, 3.005, 3.990, 4.860 4.990, AND 4.995
DF THE EUGENE CODE, 1971; REPEALING SECTIONS 2.090, 2.095,
2.100, 2.215, 2.217, 2.219, 3.010, 3.160, 3.165, 3.17D, 3.172,
3.173, 3.174, 3.231, 3.232, 3.233, 3.234, 3.235, 3.236, 3.320,
3.325, 3.330, 3.335, 3.343, 3.345, 3.347, 3,349, 3.353, 3.555,
3.360 ,3.363, 3.365, 3.370, 3.375, 3.380, 3.383, 3.385, 3.390,
3.391, 3.392, 3.395, 3.400, 3.405, 3.410, 3,415, 3.416, 3.423,
3.425, 3.430, 3.435, 3.440, 3.444, 3.455, 3.460, 3.555, 3.560,
3.565, 3.570, 3.575, 3.580, 3.585, 3.590, 3.595, 3.600, 3.605,
3.610, 3.615, 3.620, 3.525, 3.63D, 3.635, 3.640, 3.645, 3.650,
3.655, 3.656, 3.657, 3.658, 3.659, 3.660, 3.651, 3.662, 3.663,
4.315, 4.316, THE CAPTION AND 4.98D, 4.981, 4.982, 4.98 ~'
4.984, 4.985, AND 4.987 DF THAT CODE, ADDING SECTIONS 3.820,
3.825, 3.530, 3.835, 3.$40, 3.842, 3.845, 3.547, 3.862, 3.864,
3.566, 3.870, 3.872, 3.873, 3.874, 3.876, 3.877, 3.878, 3.879,
3.880, 3.882, 3.884, 3.886, 3.888, 3.890, 3.892, 3.894, 3.896,
4.935, 4.936, AND 4.93 OF__THAT CODE.
THE CITY OF EUGENE ODES ORDAIN AS FOLLO~iS;
Section 1. The table of boards, commissions and committees set forth in
Section 2.013~1~ is amended by deleting therefrom the listings far "Gamblin
g
Committee" and "Public Solicitations Commission" .
Section 2. Sections 2.090, 2.095, 2.10D, 2.215, 2.217, and 2.219 of the
Eugene Code, 1971, are hereby repealed.
Section 3. Section 3.005 of the Eugene Cade, 1971, is amended by deleting
the definitions for "Gambling", and the "General" definitions therefrom, and
adding the following captions and definitions thereto:
3.005 Definitions. For the purposes of this chapter, the following words
and phrases shall mean:
Uniform Business Practices
Commercial Solicitor.
Commercial Solicitor. A person who goes f ram house to house
Ordinance ~- 1
or place to place, selling ar taking orders or offering to sell or
take orders far goods or services for present or future delivery,
or far the making, manufacturing, or repairing of an arti c1 e or
thing far present or future delivery, except a person selling to
merchants for resale; a person selling or taking orders for the
sale of fruits, vegetables, dairy proucts, poultry, meats, or farm
products raised or produced by him/her; a carrier of newspapers of
general circulation; charitable solicitors; or a person who sel 1 s
or offers far sale goads or services on the public street or side-
wal k.
Solicitor em foyer. A person who employs one or more commer-
cial sot icitors.
First Aid Vehicle:
First aid vehicle. Any motor vehicle for hire that i s con-
structed, equipped or regularly provided for the nanemergency trans-
portation in the sitting ar non-recumbent position of persons suf-
feri ng from i 11 Hess, injury ar di sabi 1 i ty, and not requiring the
services of an ambulance as defined in this chapter.
First aid vehicle v eratar. Any person engaged in the opera-
tion of a first aid vehicle.
First aid vehicle owner. Any person engaged in the business
of providing f i rst aid vehicle services.
Soc_i a 1 Gamb1 i ng
Im ro er lay. Any conduct that violates federal state or
local gambling laws or regulations.
owner of social amblin remises. Any person who owns or op-
erates a social gambling premises. 4~hen a corporation i s owner or
operator, the term shall include any substantial shareholder and
all corporate officers and directors. A substantial shareholder
is one who owns at least ten percent of the issued shares of the
corporation.
Person in charge. An owner of social gambling premises or
other person designated by an owner to supervise the play of social
games on a social gambling premises,
Place of ublic accomadatian. Any place offering to the
public accomodations, advantages, facilities or privileges whether
in the nature of goods, services, lodgings, amusements or otherwise.
However, a place of public accamodation does not include any insti-
tuti on or banaf i de club ar place of accamodati on which i s i n its
nature distinctly private.
Private club. Any person organized under aRS Chapter 6~ or
similar corresponding provisions of any other state law,
Social amblin remises. Any place of public accomodation
or any private club where social games are played.
Social ames. All games described in Hoyle's Modern Encyclo-
edia of Card Games Dolphin Handbook No, C5~~} when played by the
rules prescribed by federal, state and local law, except any card
game in which the deal does not pass, cannot be won or requires a
full time banker, or any card game prohibited by federal, state or
Grdinance ~ Z
local law.
Somethin of value. Any money or property, any service or
promise to perform a service, any token, object or article exchange-
able far money or property, or any form of credit or promise
directly or indirectly contemplating transfer of money or property
or of any interest therein.
Wa er ar bet. Ta stake ar risk, or the staking or risking,
of something of value upon the outcome of any social game.
Street
vendor;
Street vendor. A person who sells or offers for sale, or dis-
tributes goads or services on a public street as defined in section
9.05 of this Cade.
Taxi and Limousine:
Driver. A person who drives a taxicab and/ar limousine.
Limousine. A motor vehicle hired far transporting passengers
at fixed rates and operating over fixed or predetermined routes
at regular times or upon request.
Owner. A person, who as an owner or lessee of one or more
taxi cabs or limousines, i s the principal i n a busi Hess ~ of provid-
ing transportation by taxicab and/or limousine.
Taxicab. A motor vehicle hired for transporting passengers,
and operating over unfixed routes at irregular times.
vehicle. A taxicab ar limousine.
Towing.
Connected connection. A motor vehicle is connected or a
connection is accomplished when two wheels done wheel if a motor-
cycle or motorbike} of the vehicle are elevated off the ground and
the vehicle is safely attached to a vehicle used in the towing busi-
ness for transport.
Parki n~f,aci l,i ty. Any parking foci 1 i ty as defined i n section
5.a1~ of this code.
Parking facility ,owner. The owner, operator or person in po s-
session of~~ a parking facility.
Towi„nyq busi ne.ss , Includes engaging i n any of the following
acts:
~a} The towing or recovering of vehicles by any means
for any direct or indirect compensation when the vehicle be-
ing towed or recovered is owned by a person other than the
person performing the towing or recovering activity; or
fib} The towing or recovering by any means, as part of
any business operation of the person, vehicles that are
wrecked, damaged, disabled or abandoned, ar replacement
vehicles;
but does not include providing assistance to another motorist,
whether or not compensation is received, if the assistance is not
provided as part of the business operation of the person providing
the assistance.
Ordi Hance -- 3
llehi cl e o erator. Any person 1 awf u1 ly i n possession of a
motor vehicle which may include the operator, lessee, owner or
holder of a security interest.
liehi cl e stora e business. Dperati ng for direct ar indirect
compensation a premises used for the storage, dismantling or sale
of any vehicle which has been towed from a parking facility,
Used Merchandise Dealer.
Pro er identification. A document issued by a city, county,
state or federal government which bears a photograph and the signa-
ture of the person to whom it was issued.
Purchase. The buying, exchanging, transfering, collecting,
consigning or otherwise acquiring of anti c1 es from another person
not a used merchandise dealer, for resale, exchange or transfer
by the purchaser.
Used merchandise dealer. Any person, or employe of any per-
son who, as all or part of a business:
~a} Purchases or sells used articles; ar
fib} ~lrecks, dismantles or disassembles a used vehicle
and offers for sale the components thereof; or
~c} Lends money on security of used articles, except a
person dealing exclusively in whole automobiles, books, clothing,
furniture, electrical appliances, ar farm implements and machinery;
a person who purchases or sells used articles for four days or
less in a six month period; or a nonprofit corporation ar associ-
ation that sells or otherwise exchanges only donated articles. For
purposes of this section, "business" shal 1 have the meaning attri
bated to the term in 26 USC Section 162, including but not limited
to any regularly conducted activity directed toward the production
of income or a livelihood, or any activity for which a federal in-
come tax deduction was taken under 26 USC Section 162 within the
preceding three years.
wea ons Dealer.
Dan~cera_us.~._wea aa~n:
,~a~~ Any instrument or device, other than a knife ar a
firearm as defined in 18 USC Section 921, designed to, or
which has no other purpose but to strike, launch a projectile
at, immobilize or injure another person, including, but not
limited to, a stun gun, mace, a cross-~bow, a soap, and martial
arts apparatus, and
~b~ A sward, switchblade, stiletto, dirk, machetti, any
knife with a blade sharpened an bath edges, or any knife with
a folding blade which is sharpened on one edge and is five
inches ar more in length,
Pro er identification . A document issued by a city, county,
state or federal government which bears a photograph and the signa-
ture of the person to whom it was issued.
Weals dealer. A person or any employe of a person who
engages ~n the business of selling or offering for sale at retail
firearms or dangerous weapons.
Ordinance - 4
Wheelchair vehicle:
Wheelchair vehicle. Any vehicle for hire that is construct-
ed, equipped ar regularly provided or offered to be provided for
the non-emergency transportation of persons in wheelchairs.
wheelchair vehicle o erator. A person engaged in the opera-
tion of a wheelchair vehicle.
Wheelchair vehicle owner. A person engaged in the business
of furnishing or operating wheelchair vehi cl e services .
Section 4. Sections 3.010, 3,x60, 3,165, 3.170, 3.172, 3.173, 3.174,
3.231, 3.232, 3.233, 3.234, 3.235, 3.236, 3.320, 3.325, 3.330, 3.335, 3.343
3.345, 3.347, 3.349, 3.353, 3.355, 3.360, 3.363, 3.365, 3.370 3,375 3.384
} ~ a
3.383, 3.385, 3.390, 3.391, 3.392, 3.395, 3,400, 3.405, 3.410, 3.415, 3.416
3.423, 3.425, 3.430, 3.435, 3,440, 3.444, 3.455, 3,460, 3.555, 3.560, 3.565,
3,570, 3.575 ,3.580, 3.585, 3.590, 3.595 , 3.600, 3.645, 3,610, 3.515, 3,62x,
3.625, 3,630, 3.635, 3.644, 3.645, 3.650, 3.555, 3.656, 3.657, 3.658, 3.659,
3.660, 3.661, 3.662, and 3.663 of the Eugene Code, 1911, are hereby repealed.
Section 6. The following caption and new sections are added to the
Eugene code, 1971, to read and provide:
Uniform Business Practices
~rnrc~~~v+ac
3.820 Uniform Business Practices - Procedures Generally. The procedures
and requirements of sections 3.820 to 3.840 of this code apply to
all persons regulated by the uniform .business practices set out in this
chapter, unless otherwise provided.
3.525 Uniform Business Practices - lnvesti ations,
~1) When it appears that a person has engaged in, is engaging in,
or is about to engage in any activity in violation of the uniform business
practices set out in this chapter, the city may cause to be served a written
investigative demand upon any person believed to have information, documen-
tary material, or physical evidence relevant to the alleged or suspected
violation. An investigative demand may require the person to testify under
oath, to answer written interrogatories, or to produce relevant documentary
material or physical evidence for examination, at a reasonable time and
place,
Qrdinance ~ 5
~2} Prior to the time required tv answer an investigative demand,
or within ZD days after the demand's service, whichever period is shatter,
a petition to extend the return date, or to modify or set aside the demand
may be filed in the Municipal Court.
~3} Service of any investigative demand under subsections ~~} and
~Z} of this section shall be made in accordance with the laws of the State
of Oregon governing service of summons in an action, ar as otherwise
directed by the municipal court,
~4} ~f any persan after being served with an investigative demand
under this section fails or refuses to obey the investigative demand, the
city may, after native, apply to the Municipal Court and, after hearing,
request an order:
~a} Granting injunctive relief to restrain the person from
engaging in any aspect of the business or activity that involved
the alleged violation;
fib} Granting such other relief as may be required, until the
persan obeys the investigative demand.
~5} Any disobedience of any order of the Municipal Court under
this section shall be punished as contempt of court.
3.83D Uniform Business Practices - injunctive Relief.
~~} 4~hen the city attorney has probable cause to believe that a
person is engaging in, has engaged in, or is about to engage in any activity
i n violation of the uni farm business practices set out i n this chapter, the
city attorney may bring suit in the name of the city in the Municipal Court
to restrain the person from engaging in the alleged unlawful business
practice.
~2} Except as provided in subsections (5} and ~~} of this section,
before filing a suit under subsection ~1} of this section, the city attorney
shal l not? fy the person charged i n writing of the alleged violation and the
relief to be sought. Such notice shall be served in the manner set forth in
section 3.825 of this chapter for the service of investigative demands. The
person charged shall have 1D days to execute and deliver to the city attor-
ney an assurance of voluntary compliance. Such assurance shall set forth
what actions, if any, the person charged intends to take with respect to the
alleged violation. The assurance of voluntary compliance shall not be con-
sidered an admission of a violation for any purpose. ~f the city attorney
is satisfied with the assurance of voluntary compliance, it may be submit-
ted to the Municipal Court for approval and if approved shall be filed with
the clerk of the court and the city manager.
~3} The city attorney may reject any assurance:
~a} Which does not contain a promise to make restitu-
tion in specific amounts or through arbitration to persons who
suffered any ascertainable loss of money or property as a result
of the alleged violation; or
fib} Which does not contain any provision, including
but not 1 i mi ted to the keeping of records, which the city attorney
reasonably believes to be necessary to insure the continued cessa-
ti on of the al 1 eged violation .
~4} violation of any of the terms of an assurance of voluntary
compliance which has been approved and filed with the court shall constitute
a contempt of court.
Ordinance - ~
~5} ~f, within two years prior to the filing of a suit the er-
son charged with the violation submitte ~ p
d to the city attorney an assurance
of voluntary compliance which was accepted by and filed with the Munici al
Court, the city attorne need not com p
y ply with the provisions of subsection
~2} of this section before filing suit. The city attorne shall however
serve native on the defers y '
dant ~n accordance with the procedure set forth in
section 3.825 of this chapter at least 14 days prior to filing suit.
~6} Tf the city attorney alleges that he/she has reason to
believe that the delay caused by complying with the provisions of subsection
~2} or ~5} of this section would cause immediate harm to the ublic healt
safet or welf p h'
Y are, the city attorney may immediately institute a suit under
subsection ~1} of this section.
~7} A temporary restraining order may be granted without rior
notice to the erson if the Munici P
p pal Court finds there ~s a threat of ~m-
med~ate harm to the public health, safety or welfare. The court shall fix
a time not to exceed 1O days after which the temporary restrainin order
shall expire by its terms unless i g
w thin the time fixed, the order, far
goad cause shown, ~s extended far a like period or unless the erson res-
trained consents that it ma be p
y extended for a longer period.
3.835 Uniform Business Practices -~ Remedial Power of Court, The munici-
pal court may make any additional orders or judgments necessary to
restore to any person any money or property of which he/she was deprived b
any violation of the uniform business racti y
p ces set out in this chapter, yr
necessary to insure cessation of unlawful business practices.
3.840 Uniform Business Practices - Administrative owers of the Cit
Mona er. The cit mono er ma y
y g y ad~Nt rules for the ~ffici~nt En-
forcement, administration and interpretation of the uniform business rac-
tices set out in this cha ter includin p
p , g but not l~m~ted to rules regarding
the application procedure for certification cards required by this cha ter,
The rules shall be ado ted in accordance p
P with section 3.Q12 of this chapter.
3.842 Uniform Business Practices - Certification Cards; Procedures
Generally. Application, issuance, denial, revocation and sus era-
sion of certification cards re wired uncle p
q r this chapter shall be governed by
the procedures and requirements set out in sections 3.412 to 3.05 of this
chapter.
Commercial 5alicitor
3.845 Commercial Solicitor - Re uirements. A commercial solicitor
shall:
~a~ If under 18 years of age, hold a valid employment certi-
ficate issued by the Oregon wage and Hour Commission in accordance
with state law;
fib} Carry an identification card that contains the commer-
cial solicitor`s name, address, telephone number, and photo ra h
9 p
Ordinance -~ 7
and if employed, the business name, address, and telephone number
of the solicitor employer and sha11 display the identification
card at the request of any person;
~c~ Reduce each order for gaols or services to writing, and
shall provide one copy of each order to the purchaser, Each order
shall state the name and address of the commercial solicitor, the
name and address of the solicitor employer, if any, the terms of
the order and the amount paid in advance;
~d} Upan the request of the purchaser, provide a receipt far
payment far goods or services supplied. The receipt shall state
the amount paid, the goads or services purchased or provided, the
date of purchase, and the name, address and telephone number of
the commercial solicitor;
~e~ Comply with all applicable federal, state and local laws
and regulations.
3.847 Commercial Solicitor
solicitor employer sh
~a} Be strictly
committed by an agent
~b~ Comply with
and regulations.
- Res onsibilities of solicitor Em layer. A
all
liable for any violation of this chapter
ar employe;
all applicable federal, state and local laws
First Aid Lehi cl e
3.852 First Aid I~ehicle - Res onsibilities of owner.
~1} A first aid vehicle owner shall:
~a} Maintain al 1 vehicles according to manufacturer ` s i n-
structions;
fib} Maintain far a period of three years and make available
to the city upon request:
~. Records of the supplies and equipment carried in
each first aid vehicle;
Z. Complete maintenance records for each vehicle; and
3. Patient care records including the name and address
of the patient, the date and time of transport, she origin
and destination of transport, the nature of the injury, ill-
ness or disability, and the assistance rendered.
~ c} Retai n a physician advisor who i s 1 i tensed to practice
medicine by the state of Oregon and make his/her name, address and
telephone number available to the city upon request.
~d} Equip each first aid vehicle only with supplies and equip-
ment that fully comply with state and local law.
fie} Equip each first aid vehicle with roller gauze ~Kling~,
surgipads, 4x4 inch gauze dressing, anti-bacterial ointment,
alcohol preps, ice packs, scissors, and splinter forceps;
(f~ Not use or permit to be used a first aid vehicle which:
~. Is equipped with rotating beacons, light bars,
sirens, or any other type of emergency warning device except
standard four-way hazard flashers;
ordinance ~- 8
~. Is equipped to provide oxygen administration. A
first aid vehicle may transport persons requiring constant
oxygen administration due to chronic respiratory conditions
who use their own oxygen apparatus but who do not require
ambulance service;
3. Is equipped with any type of stretcher, gurney, or
cot.
fig} Employ as first aid vehicle operators only persons who
are currently certified by the State of Oregon as an emergency
medical technician I, II, III, or I~1.
~h} Not use, cause to be used ar permit any advertising, sign-
i ng or other communication relating to a f i rst aid vehicle which
contains any reference tv, ar which uses words, symbols or other
devices which cause or are likely to cause confusion as to the
identity of the vehicle as an ambulance.
~i} Comply with all applicable federal, state and local laws
and regulations.
~2} If transporting persons in wheelchairs, a first aid vehicle
owner shall:
~a} Equip each f i rst aid vehicle with wheelchair i mmobi 1 i za-
ti on apparatus that maintains the wheelchair i n a stationary posi
tion;
fib} Maintain wheelchair immobilisation apparatus according
to manufacturerts instructions;
~c} Maintain records fora period of three years of all re-
pairs and maintenance performed on wheelchair immobilization
apparatus and make ail records available to the city for inspec-
tion upon request;
~d} Transport or allow transport of persons only in an up-
right sitting position or in a reclining position when the angle
of recline is not more than 45 degrees.
~3} An owner shall be strictly liable far any violation of this
chapter by an agent or employe,
3.854 First Aid Vehi cl e -Res on si bi l i ti es of ~ erator. A f i rst ai d
vehicle operator shat 1;
~a} Be currently certified by the state of Oregon as an
emergency medical technician I, II, III, cr ICI.
(b} Carry on his/her person while an duty the name, address
and telephone number of the physician advisor.
(c} If transporting a person in a wheelchair, transport or
allow transport of persons only in an upright sitting position or
in a reclining position when the angle of recline is not mare than
45 degrees.
~d} Comply with all applicable federal, state and local laws
and regulations.
3.866 First Aid 1~ehi cl e ~- Prohibited Activities . No person shat 1 trans-
port or
(a)
(b)
allow to be transported in a first aid vehicle a person who:
Has evident major fractures or dislocations;
Requires, or is likely to require any treatment during
Ordinance - g
transport;
~c} Suffers any amputation of the leg or arm, or a total
finger or total tae amputation;
~d} Is unable to move to the vehicle unassisted;
fie} Is experiencing decompensating cardiovascular symptoms
or chest pain bother than Pram minor trauma};
~f} Has suffered a major head injury, lass of consciousness,
convulsions, or other acute central nervous system disorders;
fig} I s experiencing major bleeding;
~h} Is in severe pain;
~ i } Is suffering respiratory distress;
~j} Has evident ar suspected spinal cord injury;
~k} Is suffering severe medical illness or shock;
~l} Requires or may require transportation in the recumbent
position;
gym} Has sustained severe burns, including second or third
degree burns, to the hands or face;
fin} Has evident or suspected major abdominal injury.
Social Gamblin
3.878 Social Gamblin -Authorization. Social games, as defined in this
chapter, are hereby authorized to be played within the corporate
limits of the city.
3.$7~ Social Gamblin -Administrative Powers of the City Mana er.
~1} To promote the uniform regulation of gambling throughout the
city, the city manager shall have the authority to adopt rules regarding the
time, place, supervision and the play of social games. The city manager
shall base rules upon commonly recognized authoritative sources of rules for
the playing of social games. The rules shall tend to:
~a} Prevent excessive losses by individual participants;
fib} Prevent cheating;
~c} Prevent improper play; and
~d} Protect the public health, safety and welfare.
~Z} The rules shall be adopted in accordance with section 3.01
of this chapter.
3.873 Social Gamblin -owner and Person in Char e; Certification Re-
uc~i red.
~1} No person shall act as an owner or person in charge of a
social gambling premises without first obtaining a social gambling certifi-
cation card issued by the city.
~~} The city may issue a social gambling certification card upon
finding that the applicant:
~a} Has not been convicted for violation of any federal,
state or local gambling law or regulation; or
fib} Has not been convicted in the preceding ten years of any
Qrdinance - 10
e .~
felony involving theft, fraud, racketeering, coercion, bribery,
perjury or ~obstructi ng justice .
3.$74 social Gamblin -Owner of social Gamblin Premises. An owner of
a social gambling premises shall; ,
(a} Conspicuously post and maintain in plain view of all
areas where social games are played, a sign provided by the city
setting forth a summary of the requirements for social gambling
prescribed by sections 3.$7Q to 3.876 of this chapter or rules
adopted thereunder.
(b} Clearly designate the areas set aside for racial gamb-
ling.
(c} Designate an agent or employee to act as person in
charge of a social gambling premises whenever social games are
being played. An owner shall be strictly liable for any violation
of this chapter which occurs when no persan in charge is present
at the racial gambling premises.
(d} Designate as a persan in charge only those persons who
hot d a valid saci a1 gambling certi f i cati an card issued by the city .
(e} Be strictly liable for any violation of the provisions
of this chapter by a person in charge, agent, ~mplaye or designate.
3.876 Social Gamblin -Res onsibilities of Owner and Person in Char e.
(~} An owner of a racial gambling premises and any person in
charge shall:
(a} obtain and maintain a valid social gamblin certification
g
card from the city;
(b} Not commit any offense described in section 3.873(2} of
this code;
(c} Report to the city i n writing within seven days any vi o-
lation of any offense described in section 3.$73(2} of this code;
(d} Inform the city i n writing within 24 hours of any rea-
sonable suspicion of improper play;
(e} comply with all applicable federal, state and local laws
and regulations;
(f } Make al l social gambling premises available to the city
for inspection upon request;
(g} Not permit improper play;
(h} Not cause or permit there to be a house bank, house
adds, house player, ar house income from the operation of social
games;
(i} Not permit social games to be played on any social gambl-
ing premises in which the sign required by section 3.874(a} is not
conspicuously pasted;
(j} Not participate in social games while on the social
gambling premises;
(k} Not charge any participant in a social game a price for
any consumer good that is higher or lower than the price charged
to non-participants;
(1} Nat accept any payment, fee, service ar gratuity as con-
sideration for the participation in, ar for the privilege of par-
ordinance - 11
r ' ~
ticipating in social games;
gym} Not permit social games to be played in any area which
cannot be observed from the main portion of the social gambling
.
premises;
fin} Not permit social games to be played in violation of
the rules adopted under this chapter;
~o} Not permit social games to be played unless the owner
or person in charge is actively supervising the play. The super-
visor shall not participate in any social game;
gyp} Not perms t disorderly persons on a social gambling
premises .
~Z} violation of subsections ~b}or ~c} of this section shall be
grounds for revocation of a certification card.
Street vendor
3.877 Street ~lendor - Restrictions .
~1} A street vendor shall:
~a} Sell, offer for sale, or distribute only food, beverages,
flowers or balloons;
fib} Conduct business only from a vehicle legally parked
alongside the curb;
~c} Comply with all applicable federal, state and local laws
and regal ati an s .
~~} A street vendor shall not:
~a} Ganduct business in such a way as to restrict or inter-
fere with the enjoyment or use of property by nearby property
owners or occupants;
fib} Increase traffic congestion or delay;
~c} Create a hazard to life or property;
~d} Stop an the traveled portion of any street or in any
bicycle lane;
fie} Stop in one location for more than five minutes within
the same hour while conducting business;
~f} Conduct business:
~1} Within 15Q linear feet of a retail establishment
se11 i ng Simi 1 ar items;
~~) Within 10 feet of any driveway or crosswalk;
~3} Within a~24 foot radius of a building entrance or
doorway;
~4} Within 1D feet of a handicapped parking space ar
access ramp;
~5} Within 5D feet of an entrance or driveway to a
hospital ;
~6} Within 140 feet of an intersection of ar an entrance
or exit ramp of a major arterial as defined in section 9.x15
of this code;
~7} Within 2D feet of a designated bus stop.
fig} Interfere with the free f 1 ow of vehicular traffic an
streets or areas open to the public.
ordinance - 12
.c
Taxi and Limousine Services
3 . $l$ Taxi and Limousine Services - Res on si bi 1 i ti es of Qwner.
~~} An owner shall:
~a} Issue to each driver in his employ an identification
card with the driver`s photograph, name in printed form and signa-
ture, and the owner's business name, address and telephone number,
and retrieve the identification card from the driver immediately
upon termination of employment;
fib} Conspicuously display in each vehicle a schedule of
rates far services in a manner that can be easily read from bath
inside and outside the vehicle. The schedule shall be printed in
machine lettering not less than ane-quarter inch high vn cards nat
less than faur inches by six inches;
~c} Maintain all vehicles according to manufacturer's in-
structions;
~d} Maintain fora period of three years complete mainten-
ance records for each vehicle, and make the records and the vehicles
oval 1 abl e for i nspecti an by the city upon request;
fie} Maintain records an each driver during the term of em-
ployment and far six months thereafter. Each record shall contain
the driver's:
1. Narne and aliases,
Z. Current and prior three addresses,
3. Physical des~ri pti on,
4. Date of birth, and
5. Oregon'driver`s license number.
~ f } Equip each vehicle with an ABC-rated f ire extinguisher.
(g} Comply with all applicable federal, state and local laws
and regulations;
~h} Employ as drivers only those persons who hold a valid
taxi/limousine driver certification card issued by the city;
~i} Report to the city in writing within seven days any known
or suspected conviction of a driver fvr any felony or misdemeanor
described in section 3.879~~};
~j} Not permit any driver to operate a vehicle unless the
driver's identification card i s displayed i n ful 1 view of the pas-
senger compartment;
~ 2} An owner shat 1 be strictly 1 i abl e for any violation of thi s
chapter committed by an agent or employe.
~3} A taxicab owner shall:
~a} Affix the terms "Zoned Rates" or "Metered Rates" onto
the exterior of each taxicab in machine lettering not less than
one-inch high to indicate the manner in which taxicab fares are
made;
fib} Prominently display on the exterior of each taxicab the
word "Taxi" or "Taxicab", the taxicab`s number assigned by the
owner, and the business name under which the taxicab operates;
~c} If a taximeter is used to calculate taxicab fares:
I. Place and illuminate the taximeter so that its
numbers are visible from the passenger compartment; and
2. deep the taximeter accurate;
ordinance - ~3
~d} If zones are used to calculate taxicab fares, display in
plain view of the passenger compartment a map of the city on which
each zone is delineated and on which rates are printed in machine
lettering,
3.879 Taxi and Limousine Services - Driver; Certification Re uired.
~1} No person sha11 act or be employed as a driver without first
obtaining a taxillimousine driver certification card issued by the city.
~2} The city may issue a taxi/limousine certification card upon
finding that the applicant:
~a} Hasa valid Dregon chauffeur's license;
fib} Has not been convicted of a crime or offense involving
burglary, theft, narcotics, assault, robbery, kidnapping, homicide,
harrassment, vice, a major traffic crime except driving while sus-
pended, or a sex-related offense:
1. If a felony, within the preceding five years,
2. If a misdemeanor, within the preceding two years.
~3} A taxi/limousine driver certification card shall be valid
from date of issuance fora term of five years.
3.880 Taxi and Limousine Services - Res onsibilities of Driver.
~1} A driver shall:
~a} obtain and maintain a valid certification card from the
city;
fib} Nat commit any affense described in section 3.879(2};
~c} Report to the city in writing within seven days any con-
vi cti ons for any fel any or misdemeanor affense described i n secti an
3.8792};
~d} Have his/her certification card i n his/her possession
while on-duty;
fie} Nat operate a vehicle unless an identification card with
the driver's photograph, name in print form and signature, and the
owner's business name, address and telephone number is displayed
in fu11 view of the passenger compartment;
(f} Deduct any charges for the time of the delay in the
event a vehicle becomes disabled or breaks down while conveying
a passenger or baggage;
fig} Take the most direct route possible that will carry the
passenger safely and expeditiously to his/her requested destina-
tion unless otherwise requested;
~h} Upan request by the passenger, present a receipt far ser-
vices provided;
~i} Comply with all applicable federal, state and local laws
and regulations.
~2} ~liolation of subsections fib} or ~c} of this section sha11 be
grounds for revocation or suspension of a certification card.
To... ~'~n9
3.882 Towin - ReQU1ations.
ordinance - 14
~~~ A parking facility owner shall not:
~a} Authorize the removal of a vehicle without first giving
notice of the intended removal to the Eugene Police Department.
~b~ Receive direct or indirect compensate an from a person
engaged in the towing business based on a per vehicle towed from
the parking facility without the vehicle operator's consent or on
a percentage of the fees collected upon redemption or sale of the
vehicle towed without the operator`s consent.
~c~ Upon reasonable demand of the operator of a vehicle
towed f ram a parking facility, fail to disclose:
1. The specific written or verbal authorization to a
towing business which allowed the vehicle to be removed from
the parking facility, the time the authorization was given,
and to whom it was given; and
2. The name, address and telephone number of the place
where the vehicle is stored.
~2~ Any person engaged in the towing business or the vehicle
storage business shall not:
(a~ Directly or indirectly compensate a parking facility
owner, far the authority to tow vehi c1 es from the parking foci 1 i ty
without the vehicle operator's consent based on a per vehicle
towed or on a percentage of the fees collected upon redemption or
sale of the vehicle.
~b~ Charge for services not actually rendered.
(c~ Charge fees far services rendered other than those dis-
played in compliance with section 3.88 of this code.
~d~ Before connection, and after a vehicle nperatar has re-
quested the release of a vehicle for its immediate removal, charge
or attempt to charge a vehicle operator for services rendered.
This provision does not apply to services performed at the request
of a vehicle operator ar police officer.
fie} Continue to connect a motor vehicle after its operator
communicates a willingness to immediately remove the vehicle from
the parking facility.
~f~ Taw a vehicle from a parking facility when the vehicle
operator is present and has communicated a willingness to pay just
and reasonable fees for the immediate release of the vehicle at
the location.
fig} Remove vehicles from a parking facility in less than
fifteen minutes after the vehicle operator has advised the tow
vehicle operator that ~s~he is going to secure cash to pay the
charges to redeem the vehicle. The tow vehicle operator may re-
move a vehicle from a parking facility in less than fifteen minutes
if remaining in the parking facility will impede others in the
authorized use of the parking foci 1 i ty and
~. The vehicle operator agrees to an alternate waiting
location, or
2. The tow vehicle operator has told the vehicle opera-
for where ~s~he will wait reasonably proximate and convenient
to the parking foci 1 i ty.
~h} Refuse prompt access to impounded vehicles to remove
pets or prescription medicines or to remove money or identifica-
tion for the purpose of redeeming the vehicle.
Ordinance - ~~
~i} Engage in conduct which prevents or discourages a
vehicle operator from being accompanied by a person or his or her
choice when seeking redemption of the vehicle.
~j} Prevent the vehicle operator from inspecting the
vehicle and its contents before redeeming the vehicle.
~k} Charge fees that are not just and reasonable for the
towing, care or storage of vehicles.
~1} Charge fees for services which increase based upon the
behavior of the person redeeming a vehicle.
gym} Require the vehicle operator, prior to inspection of
the vehicle, to sign a release or limitation of liability for the
benefit of the person engaged in the towing ar vehicle storage
business.
fin} Refuse or fail to make change when cash in reasonable
denominations is tendered after demanding payment in cash.
~o} Fail to provide to the person redeeming a vehicle an
itemized bill for services according to the published rate schedule
required by section 3.886 of this code.
gyp} Upon request fai 1 to disclose within two business days
~. The name and mailing address of the parking facility
owner that authorized the removal of the vehicle,
Z. The date and time of each notice required by QRS
98.8TZ, sections 3.882 to 3.$88 of this code, ar any succeed-
ing statute ar ordinance.
3.884 Towi n ~- Remavi n llehi cl e From Parki n Faci 1 i ty.
~~} Except as provided in subsection ~Z} of this section, it
shall be unlawful for any person to remove or direct the removal of a motor
vehicle from a parking facility without the vehicle operator=s permission
unless the parking facility has permanently erected ar affixed signs as pro-
vided in section 5.540 of this code.
~Z} Tt i s not a violation of this section to remove or direct the
removal of a motor vehicle when:
~a} Tt is ordered to be removed by a police officer or fire
officer performing his or her official duty;
fib} Tt violates subsections 5.Z40~1.} or 5.Z40(Z} of this
code;
~ c} Tt i s parked i n an area clearly designated "na parking" ;
or
(d) It is abandoned.
3.886 Tawin -Partin Rate Schedules.
~T} 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 on the sign shall be machine or block lettered and readable from the
areas of the business open to the public.
~Z} When tawi ng vehicles from parking foci 1 i ti es there shat 1 be
displayed on 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 prior to connection, The
letters and numerals on the sign shall be machine or black lettered and
readable from a distance of Z0 feet.
Qrdi Hance -~ ~6
3.888 Towin - Dis lay of Rates.
~1} Persons engaged in the business of operating tow cars for
hire shall display inside their place of business a sign containing the
schedule of rates for all tow car services and vehicle storage. The letters
and numerals on the sign shall be machine or block lettered and readable
from the areas of the business open to the public.
~Z} Taw cars when used to remove motor vehicles from parking
facilities as defined in section 5.540 of this code shall have displayed on~
the tow car in a manner easily read from outside the tow car, the schedule
of rates for impounding and disconnecting a motor vehicle. The sign shat 1
also declare no fee shall be charged if the operator of the motor vehicle
returns to the motor vehicle before it is connected to the tow car. The
letters and numerals on the sign shall be machine or block lettered and
readable from a distance of 20 feet.
Used Merchandise Dealer
3.$9o Used Merchandise Dealer - Re uirements.
~~} A used merchandise dealer sha11;
~a} Record at the time of purchase an accurate description
of each article purchased by the dealer and the proper identifica-
tion of the person from whom the purchase was made;
fib} Record all purchases made by the dealer in type or ink
and in duplicate on forms obtained from the city, and have a copy
of each record available for regular pick-up by the city;
~c} Maintain records in an orderly manner at his/her place
of business;
~d} Make all records and all articles purchased available
for inspection by the city upon request;
fie} Segregate articles purchased by the dealer to permit
their identification from the records kept.
~2} A used merchandise dealer shall not:
~a} Alter, se11 or dispose of any property purchased by the
dealer for seven days after the date of purchase during which the
dealer is open for business to the public;
fib} Sell, exchange, dismantle, alter in any manner, or other-
wise disposo of articles purchased by the dealer when prohibited
from doing sa by the city i n writing, and anti 1 notified atherwi se
by the city in writing;
~c} Purchase from a person under the age of 18 years unac-
companied by a parent or guardian;
~d} Purchase from a person wha is incapacitated as defined
by ORS ~2G.UO3~4} or who is under the influence of drugs or in-
toxicating liquor;
fie} Purchase property which has had its serial number oblit-
erated, defaced, removed or otherwise altered.
lea ons Dealer
3.892 W~ons Deal e,r _ ~Requi cements. A weapons dealer shat l not:
ordinance - ~7
~a} violate any applicable federal, state or local law or
regulation;
fib} Sell, deliver or otherwise transfer a firearm capable of
being concealed on the person to a person whom the dealer has cause
to believe is an alien or who has been convicted of a felony;
~c} 5e11, deliver or otherwise transfer a dangerous weapon
to a person under the age of 1S years unaccompanied by a parent or
guardian;
~d} Sell, deliver or otherwise transfer a weapon to any per-
son who does not present proper identification;
fie} Deliver a pistol or revolver to a purchaser until 120
hours after application far the purchase has passed and until the
register entries required by DRS 166.420 have been completed;
~f} Deliver any firearm that is not unloaded and securely
wrapped;
fig} Sell or dispose of any firearm without keeping a retard
of the sale on a register prescribed in DRS 166.42D~1} and required
by ORS 166.42D~6}. The duplicate of the register shall be mailed
to the chief of police as required by DRS 166.42D~3};
~h} Se11, deliver or otherwise transfer a firearm or danger-
ous weapon to a person who is incapacitated as defined in DRS
126.DD3(4} or why is under the influence of drugs or intoxicating
liquor.
Wheel chaff r Uehi cl e
3.$94 Wheelchair vehicle - Res onsibilities of Owner. ~ wheelchair
vehicle owner shall:
~a} Maintain wheelchair immobilization apparatus according
. to manufacturer's instructions;
fib} Maintain all vehicles according to manufacturer's in-
structions;
~c} Maintain fora period of three years and make available
to the city upon request:
1. Retards of ail repairs and maintenance performed an
wheelchair immobilization apparatus;
2. Complete maintenance records for each vehicle.
~d} Transport or allow transport of persons only in an up-
ri ght sitting position or i n a reclining pasi ti an when the angl e
of recline is not mare than 45 degrees;
fie} Not transport or allow to be transported any person who
i s suffering from acute i l l Hess ar injury, or who requires medical
treatment before or during transport;
~f} Comply with all applicable federal, state and local laws
and regulations;
fig} Equip each wheelchair vehicle with:
1. An ADC-rated fire extinguisher,
2, wheelchair immobilization apparatus that maintains
the wheelchair in a stationary position; .
~h} Not use or permit the use of a wheelchair vehicle which:
1. 1s equipped to provide oxygen administration. A
Drdi Hance - 1$
wheelchair coach may transport persons requiring constant
oxygen administration due to chronic respiratory conditions
who use their awn oxygen apparatus but who do not require
ambulance service;
~. Is equipped with any type of stretcher, gurney or
cat;
~i} Employ as a wheelchair vehicle operator only those persons
who have a valid American Heart Association Gardiopulmanary
Resuscitation CPR} card;
~j} Nat use, cause to~be used, ar permit any advertising,
signing or other communication relating to a wheelchair vehicle
which contains any reference to, or which uses words, symbols or
other devices which cause or are likely to cause confusion as to
the identity of the vehicle as an ambulance or other emergency
medical services vehicle.
3.896 Wheelchair vehicle - Res onsi bi l i ti es of O eratar. A wheel chaff r
vehicle operator shall:
~a} Hold a valid American Heart Association Cardiopulmonary
Resuscitation CPR} card and be currently certified by the State
of Oregon as a nurse's aide;
fib} Not transport or allow to be transported any person
suffering from acute i 1 i Hess or injury, or who requires medical
treatment before or during transport;
~c} Maintain wheelchair immobilization apparatus according
to manufacturer's instructions;
~d} Maintain fora period of three years and make available
to the city upon request:
1. Records of all repairs and maintenance performed on
wheelchair immobilization apparatus;
~. Complete maintenance retards for each vehicle.
fie} Deduct any charges for the time of the delay in the
event a vehicle becomes disabled or breaks down while conveying
a passenger or baggage;
~f} Take the most direct route possible that will carry the
passenger safely and expeditiously to hislher requested destina-
tion unless otherwise requested;
fig} Upan request by the passenger, present a receipt for ser-
vi ces provided;
~h} Comply with all applicable federal, state and local laws
and regulations.
section 6. Sections 3.990 and 3.995 of the Eugene Code, 1911, are
amended to read and provide:
P~r~a~~-;ac
3.990 Penal ti es_,,~_ Specific.
(1} violation of .sections 3.115 to 3.145 i s punishable by fine
not to exceed $1DDO.OD.
Ordinance - 19
(2} Any person who fails to pay a tax as required by section
3.700 of this code may be fined $50.00 per day so long as the failure
continues,
~3} Violation of sections 3.715 and 3,812 is punishable by a fine
not to exceed $500 or confinement in jail not to exceed 1Q0 days, or both
fine and imprisonment.
3.995 Penal ti es - General . Ili al ati on of any other provi si an i n thi s
chapter shall be punishable by a civil penalty not to exceed
$5ao . oa
Section 7. Sections 4.315, 4,315, the caption and 4.980, 4.981, 4.982,
4.983, 4.984, 4.985, and 4.987 of the Eugene code, 1971, are repealed.
Section 8. Sections 4.935, 4.935, and 4.937 are hereby added to the
Eugene Code, 1911, to read and provide:
4.935 Alarm systems - Definitions. For purposes of sections 4,936 and
4.937, the following words and phrases mean:
Alarm system. Any mechanical or electrical device designed
or used for the detection of fire or of an unauthorized entry into
or upon premises or for alerting others of an unlawful act within
or upon premises, and which, when activated, transmits by any means
a signal i n any farm that i s audible, visible, ar perceptible out-
side of the protected land, building, structure or facility.
Alarm system, far the purposes of this chapter, includes, but is
not limited to those devices designed to transmit a signal or a
message to a central alarm receiving station.
False alarm. A report received by the city from any source
that results in a response by the city to the premises on which an
alarm system is located, when an emergency situation does not
exist on the premises.
Premises. Any building, structure or facility, or land with-
in the city.
Res onsible arty. Any person, ar any owner or lessee of
premises on which an alarm system is installed or maintained, ar
their agents or representatives, who utilizes an alarm system
on premises located within the city.
4.936 Alarm Systems - Res onsible Party; Fat se Alarms. No responsi bl e
party shall have or permit two or more false alarms at the same
premises within a 6Q day period. The 60 day period commences upon the occur-
rence of a false alarm at the premises and terminates 60 days thereafter.
4.937 Alarm Systems - Cessation of Transmission.
Ordinance - 20
~1} A responsible party shall post a notice containing the current
name and telephone numbers of the person to be natified to disable an alarm
and secure the premises whenever the alarm system is activated, The notice
sha11 be posted near the alarm and shall be legible from the ground level
adjacent to the premises where the alarm system is located.
~2~ Upon request of the city, a responsible party or other desig-
nated person shall respond 6q minutes after being notified fora fire alarm
system, or within 30 minutes after being natified for all other alarm systems
to the premises where the alarm system i s 1 acated, and shal 1 disable the
alarm and secure the premises,
~ ~~ A pol i ce officer or fire f i ghter may disable or cause an alarm
system to be disabled i f
~a} A responsible party or designated person does not arrive
within 30 minutes after being requested to do so by the city; or
fib} The alarm system has transmitted a signal for mare than
ten minutes after the arrival of a pot i ce officer or fire f i ghter
and no responsible party or designated person is available to res-
pond.
Section 9. Section 4.860 of the Eugene Code, 1971, is amended to read
and provide:
4.86Q Certain Activities on Streets and Sidewalks Prohibited. Unless
otherwise authorized in this code, no person shall:
~a~ Cut or split wood on a street or sidewalk.
~b~ Carry or haul rubbish, garbage or filth on a street ar
sidewalk exposed so as to be offensive to pedestrians.
~c} Give a show, exhibition or performance on a street or
s i dewa 1 k .
~d} Set up or operate a vehicle, stand ar place for the dis-
play or sale of merchandise, ar sell, vend, or display for sale an
article in the streets ar on the sidewalks or in doorways or stair-
ways of business houses, or in any other place where such activity
causes congregation and congestion of people or vehicles on the
streets or sidewalks.
~e~ Place or maintain gasoline pumps or similar devices far
vending volatile oils on a street or alley except under a revocable
permit from the city manager.
Section 10. New subsections (12) and (13) are hereby added to Section
4.990 of the Eugene Code, 1971, to read and provide:
4.990 Penalties - S ecific.
~ 13} A responsi b1 e party who violates section 4.936 i s puni shabl e
by.
~a~ A fine Hat to exceed $50 for the second false alarm;
ordinance - ~1
~b~ A fine not to exceed $10D for the third false alarm;
~c~ A fine not to exceed $25D far the fourth and subsequent
fat se alarms.
The court may dismiss a citation issued for violation of section 4.935 if
within 1D days of the date of the citation a respansib1e party provides the
court with proof ~~~ that the alarm system has been repaired and restored to
working order or legally removed from the premises; or ~2} that the false
alarm was caused solely by lightning or other natural occurrences beyond the
control of the responsi b1 e party.
(~4~ I~iolation of section 4.937 is punishable by a fine of not
less than $50 and not more than $5DD.
Passed by the City Council this
25th day of June, 1985
lL~vt~~ ~~a~,~a~--
~~~. City Recorder
Approved by the Mayor this
26th day of June, 1985
~ f
r
~~
Mayor
Ordinance - 22