Loading...
HomeMy WebLinkAboutOrdinance No. 19354ORDINANCE NO. 19354 AN QRDINANCE CONCERNING ACTIVITIES IN THE MALL; AMENDING SECTIONS 2.OO7, 2.391, 2.812, 4.790, 4.870, 4.811, 4.872, 4.876, 4.571, 4.818, 4.990, AND 5.010 OF THE EUGENE CODE, 1971; ADDING A NEIL SECTIQN 4.879 TQ THAT CODE; REPEALING SECTIQNS 4.873, 4.874, 4.815, 5.565, 5.57x, 5.515, 5.580, 5.585, AND 5.590 Q F THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE ODES ORDAIN AS FOLLQWS: Section 1. Subsection ~9~ of Section 2.041 of the Eugene Code, 1971, is amended to read and provide: 2.007 City Council ~- Meetin s. (9~ The council may establish a hearing panel appointed from among its members to take testimony in matters which are appealed to the council, ar when the council is required to take public testimony. The hear- ing panel shall take testimony at a public session. The panel shall see that a record of the hearing of the appeal before the panel is kept which shall include minutes of the testimony taken, and documents and exhibits re- ceived during the hearing. For each such appeal the panel shall prepare a written report of its findings and recommendations. The report shall be submitted to all members of the council in the week preceding the meeting at which the council takes final action on the appeal. Further testimony re- garding the appeal may be received by the council only with the consent of two-thirds of the members of the council. Section 2. Subsection ~1} of Section 2.391 of the Eugene Code, 1911, is amended to read and provide: 2.391 Quasi-Judicial Hearin s -~ Rules. ~1~ These rules govern the conduct of an original and appellate hearing be~ore the hearings officer, planning commission, ar council when any of the following matters are in issue: ~a.~ The grant or denial of an application fora planned unit development or conditional use permit. ~b~ A proposed change in sign code district boundaries. ~c} Review by the hearings official of a grant or denial of a zoning variance by the building official or review by the city council of a grant or denial of a sign code variance by the sign code board of appeals. ~d} A proposed change in zone classificaton of property. ~2~ The rules set forth herein supersede any rules of Procedure Roberts Rules of Order, resolution, bylaw ar ordinance in conflict therewith when any of the matters mentioned under subsection t1~~a} through ~d~ of this section are the subject of the hearing. Ordinance - 1 Section 3. Section 2.812 of the Eugene Code, 1971, is amended to read and provide: 2.812 De artment of Parks and Recreation -Authorization, Violation. ~~} The city manager may appoint a directar to supervise the parks and recreation areas and other public facilities of the city. ~2~ Subject to the authority and control of the city manager, the directar shall: ~a~ Regulate and supervise the use of areas designated as city parks and recreation areas, city buildings, parking structures or other city properties assigned by the city manager. fib} Protect city park visitors and resources, facilities, and the environment of city parks and recreation areas. ~c} Perform other duties designated in this Code or assigned to the director by the city manager. ~3~ Ta promote the public enjoyment of city facilities and the public health, welfare, safety and recreation in use of the facilities and to promote the uniform regulation of park and recreation areas throughout the city, the director may make rules and regulations regarding the use of park areas and facilities, including the determination of appropriate acti- vities, time of use, and access to areas and facilities. In addition, the director may adopt any rules or regulations necessary to carry out the duties of the department. ~4} No person shall violate a park rule adapted pursuant to sections 2.812 to 2.817. ~5~ The provisions of this section apply to county parks wi thi n the corporate limits of the city. Section 4. Sections 4.870, 4.871, 4.872, 4.876, 4.877 and 4.878 of the Eugene Code, 1971, are amended, and a new Section 4.879 added thereto, to read and provide: 4.870 Pedestrian Mall -,Purposes. Eugene's downtown pedestrian mall has been bui~~~~~t 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 there of civic, social, cultural, and economic pursuits. To these ends, and with a few necessary exceptions, the mall separates vehicular from pedestrian traffic and constitutes, except far its facilites designed for activites other than walking, a public thorough- fare far pedestrians. Df the facilities designed for activities other than walking, the fountains, trees, and landscaped areas are intended to consti- tute visual amenities for pedestrians; and the southeast half of the central plaza at Broadway and Willamette, the semi-walled area in Broadway just west of Willamette, the covered areas at Broadway and alive, and the adjoining areas interspersed with trees constitute facilities which, through prior arrangement with the city, may be reserved for lawful and responsible activ- ity consonant with the basic purposes set forth at the beginning of this section. ordinance ~- 2 4.87 Pedestrian Mall - Definitions. Far purposes of sections 4.874 to to 4.879 of this chapter, the following words shall have the mea W- ings ascribed to them by this section; Cammercial_pursuits. Any ma11 activity which is consistent with the purposes af~~~the mall stated in section 4.87Q and which is related or connected with trade or commerce, such as, but not limited to: advertising, displaying, distributing, selling, tak- ing orders or offering to se11 or take orders for goads ar services; prflviding a place for customers to sit; entertainment events where admission i s charged or donations are directly or i ndi redly soli - cited; activities related to construction or demolition on abut- ti ng private premises. Director. The department head designated by the city manager to regulate activities on the mall or the designee of the depart- ment head. Entertainment events. The conducting, presenting, partici- pating in musical, theatrical, cinematic, choreographic or athletic performances. Fund raising. Directly ar indirectly requesting money, credit, property, financial assistance or anything of value on the re re- p sentation that such money, credit, property, financial assistance or other thing of value will be used fora stated or implied pur- pose. Mall activity ermit. A permit applied for and issued in accordance with section 4.877. Mall or,.~Eu~cene ,Pedestr,ian Mall . That area known as the Central Plaza, at the southeast corner of Broadway Avenue and Willamette Street, and lying between the south margin of Broadway Avenue and a line parallel, and 19.6 feet south of, that margin, and between the east margin of Willamette Street and a line parallel to, and 55 feet east of, that margin; plus the following parts of the followin 9 thoroughfares that are constructed from time to time pursuant to Eogene Ordinance Na. X5907, except the traffic lanes on Willamette Street and an Broadway Avenue East that provide access for motor vehicles to financial institutions: Broadway Avenue from the east margin of Charnelton Street to the west margin of Dak Street. Olive Street from the south margin of Eighth Avenue to the north margin of Tenth Avenue. Willamette Street from 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 north margin of Broadway Avenue to 30 feet south of the south margin of Broadway Avenue. The alley between Olive Street and Willamette Street from 30 feet north of the north margin of Broadway Avenue to 30 feet south of the south margin of Broadway Avenue. The alley between Willamette Street and Oak Street from the south margin of Broadway Avenue to X60 feet south of the south margin of Broadway Avenue, alley between Broadway Avenue and Tenth Avenue from the east margin of Willamette Street to 160 feet east of the east margin of Willamette Street. The alley between Broadway Avenue and Tenth Avenue from the Ordinance - 3 west margin of Willamette Street to 16Q feet west of the west margin of Willamette Street and from the east margin of dive Street to 152 feet east of the east margin of dive 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. 4.812 Pedestrian Mall - Prohibited Acts . ~1} No person may enter into a shrubbed or flowered area or upon a covering structure in the mall unless, by authority of the city he/she does so for purposes of cleaning, maintenance, or law enforcement. ~2} Except in authorized play areas: ~a} No person may climb: 1. Any mall tree. 2. Any mall structure other than a stairway to an ele- vation more than six feet above the street level or in such a manner as to create a danger of personal injury. fib} Na person in charge of a child under the age of 12 years may allow the child so to climb. ~3} Except for police officers and their police service dogs, and as ORS 34.620 provides to the contrary with reference to blind persons and their dog guides, no person may bring any animal into the mall or allow any animal in his charge to be in the mall unless the animal is caged. ~4} No person may deposit and leave in the water in a mall foun- tain any abject or any substance other than water, or use water in any such fountain for any purpose other than observing or wading. ~5} Na person shall ride a bicycle in the mall. ~6} No person shall ride or use a skateboard in the mall. ~7} No person shall ride or use rollerskates in the mall, ~S} No motor vehicle shall be operated or parked within the mall without a permit as required by subsection 4.8762} ar in a manner that is i n vi vl ati an of the mal 1 regulations or the permit conditions. ~9} Except in an emergency or except for areas covered with grass, no person may lie down in the mall. ~1Q} Except for pre-school age children, no person may use the mall as a place to sleep. X11} Except when viewing or participating in a permitted mall acti- vity and then only in areas that do not impede pedestrian and emergency vehi- cle lanes, and except when there is no permited mall activity in the Central Plaza and sitting on the Central Plaza fountain steps does not impede pedes- trian traffic, no person shall sit on surfaces of the mall intended for ped- estrian purposes. . X12} Except by mall activity permit, no person shall play sports within the mal 1 i n a manner that i s harmful to plant 1 i fe or interferes with other uses of the mall. 4.816 Pedestrian Mal 1 - Activities Re ui ri n Permits or City S on sorshi . ~ 1 } Except by mall -activity permit issued by the director or under sponsorship of the city, na person may engage in any of the following activi- ties in the mall: ~a} Fund-raising, ordinance - 4 fib} Commercial pursuits. ~c} Placing a display or allowing a display in one`s charge to remain. ~d} Conduct ar participation in the conduct of a dance. fie} Conduct, presentation, or participation in the conduct or presentation of entertainment of a musical, theatrical, cine- matic, choreographic, or athletic character that attracts at any one time an audience of more than Z5 persons. ~f} Conduct or participation in the conduct of a meeting that attracts at any one time an assembly of more than Z5 persons. fig} Electrical amplification of sound. ~Z} Except for city vehicles and other publicly awned emergency vehicles, no person shall operate or parka motor vehicle on the mall without first obtaining a permit issued by the director. 4.811' Pedestrian Mall - Permits. ~1} A mall~actvity permit for an activity requiring a permit may be obtained as follows: ~a} Application for the permit shall be filed with the director an a farm supplied by the director. fib} The application may not be filed earlier than Z1 nor later than seven days before the date set for the activity, unless the di rector .finds that earlier or later filing of the application is necessary in the interests of the applicant and the city. If the filing is later than seven days before the date set far the activity, the applicant shall have no right of appeal. ~c} A copy of the application shall be posted promptly on a bulletin board i n the mat 1 and 1 eft there anti 1 the desired permi t has been granted or denied. ~d} ~f the permit applied for i s for commercial display or sale of goads or services, the director shall determine within 15 days whether to issue the permit and, if issuing it, whether to condition it in accordance with subsection ~3} of this section. fie} If the permi t applied for i s not for commercial display or sale of goods or services, within 16 regular city office hours after the filing of the application the director shall determine whether the permit shall be issued and whether to condition it in accordance with subsection ~3} of this section. ~f} Application fora permit to carry on in the mall any activity referred to in section 4.876 that constitutes a constitu- tional right shall be granted unless it interferes with another scheduled permitted activity. Exercise of the right may take place only in the area of the mall indicated by the permit and only in accordance with reasonable conditions specified pursuant to this section. fig} A party aggrieved by the issuance or denial of a mall- activity permit under this subsection may within 16 regular city office hours after that action appeal to the city manager ar his or her designee. Notice of the appeal shall be filed at once with the director and shall suspend the permit until the appeal is de- cided. Within 44 regular city office hours f ram receipt of the notice of appeal or before the time set for the activity, which- Qrdinance - 5 ever is sooner, the city manager or his or her designee shall: ~. Conduct a hearing on the appeal, 24 hours advance notice of which shall be given the appellant and the permittee. 2. ~i thi n 48 hours make a determination, which shal 1 be final, whether the permit shall be granted and, if so, whether it shall be conditioned in accordance with subsec- tion ~3~ of this section. ~g~ After a permit is granted in accordance with paragraphs ~d~, ~e~ ar ~f~ of this subsection, a copy of the permit shall promptly be posted on a bulletin board in the mall and remain so posted until after the time the activity commences. ~2~ A permit to bring a motor vehicle into the mall shall be obtained as follows: (a~ Application for the permit shall be filed with the director on a form supplied by the director. fib} Applications far a motor vehicle used as part of a mall activity shall be governed by the mall activity permit provided the use of the motor vehicle is disclosed in the application under subsection 4.877~1~. ~ c} Uti 1 i ti es holding a f ranchi se f ram the city may annually apply fora permit to perform routine inspection of utility equip- ment and facilities . ~3~ rn determining whether to grant a permit under this section and to subject the permit to conditions, the director, or the city manager or his ar her designee shall endeavor to: ~a~ Maintain the free flow of pedestrian traffic into, in, and from the mall and into and from private premises in the vicinity of the mall. ~b~ Minimize danger to public health, peace, and safety and to public and private property, ~c} Preserve and enhance the aesthetic qualitites of the mail. ~d} Preserve and protect the mall and its improvements and insure their restoration after the permitted use. ~ e~ Prevent sound and other conditions that wain d interfere with legitimate pursuits i n the mal l ar on add acent premises . ~f~ Contribute to a variety of non-repetitive activities in the mall and to various sponsorship of those activities. fig} Avoid extra administrative functions and expense far the city, ~h~ Promote the purposes stated in section 4.870 and insure compliance with the other previsions of this code. ~n determining whether to grant a permit under section 4.876, the past per- formance of the applicant in carrying on prior permitted mall uses shall be considered. Failure of the applicant to carry on permitted mall uses in accordance with the permit shall constitute cause for denial of the permit application. ~4} ~f the director, or, i n case of an appeal , the city manager or his or her designee finds that the activity for which the permit is sought would probably cause the city substantial extra expense, the director or city r~anager ar his or her designee may condition the permit on advance deposit with the city of a sum from which may be drawn whatever amount the director or city manager or his or her designee subsequently finds necessary to reim- Ordinance - 6 burse the city far extra expense arising from the activity. Any such requirement of a deposit shall be accompanied by a written explanation of the amount specified for the deposit. Within 10 days after the permitted activity has ceased, the city shall return to the permittee whatever amount of the deposit is not needed to defray the extra expense. ~5~ Use of the mall by permit granted in accordance with this sec- tion may be carried on only in accordance with whatever conditions the permit specifies. Failure to conform to the conditions shall constitute cause for summary revocation of the permit by any officer of the city. ~6~ Use of the mall by permit granted in accordance with this sec- tion may be carried on only while the permittee or his ar her agent has the permit in the mall. The possessor of the permit shall display it upon re- quest from any officer of the city. ~f the permit is not so displayed, the activity shall immediately cease until the permit is so displayed, and any persistence in the activity during that time shall constitute a violation of this code and a cause for summary suspension and possible revocation of the permit by the requesting officer. ~7~ Use of the mall authorized by a permit granted in accordance with this section may not be carried on between midnight and 6:00 a.m. on any day, after X0:00 p.m. on a Monday, Tuesday, Wednesday, or Thursday, or after 6:00 p.m. on a Sunday. The permit shah specify time limits for the permitted use. 4.818 Pedestrian Mall - interference With Permitted Activity or Use. No person may interfere with or disrupt any activity or use carried on in the mall in accordance with a permit granted in accordance with section 4.81? of this code. 4.$79 Pedestrian Mall - Re ulatory Power. To promote the purposes of the mall, to carry out the functions assigned in code sections 4.570 to 4.819, and to promote the health, welfare and safety of the commun- ity, the city manager may make rules and regulations regarding the ma11, including but not limited to, a determination of appropriate activities, their location, times and conditions of use and access to the mall and its related public facilities and areas, and the issuance, denial, suspension and revoca- tion of permits. Section 5. Subsections ~3~ and ~~.~ of Section 4.990 of the Eugene Code, I971, are amended to read and provide: 4.990 Penalties - Specific. ~3) violation of sections 4.045 to 4.075, 4.330, 4.425, 4.770, 4.795, 4.835 to 4.H50, 4.860, 4.872 to 4.579 and any regulations adapted under those sections, 4.895, 4.925, 4.965 to 4.975, and 4.98 tv 4.983 is punishable by fine not to exceed $500. r ~5~ The willful violation of sections 4.87 to 4.$79 and any regu- lations adopted under those sections ar the willful violation of any other section of this chapter punishable by fine only while vn the mall as defined Ordinance - 7 in section 4.871 is punishable by a fine not to exceed $1000 or confinement in fail not tv exceed one year, or both fine and imprisonment. Section 6. Section 4.790 of the Eugene Code, 1971, is amended to read and provide: 4.790 Cuttin or Removin Plants on Public Pro arty. No person shall cut or remove trees, shrubbery, flowers or grass from a public park, public ways, the pedestrian mall, or other city property and no tree, dirt, rocks, or ground cover shall be removed from streets, the pedestrian mall, or other city property except upon permission from the city manager or his or her designate. Section 7. The definition of "Mall or Eugene Pedestrian Mall" contain- ed in Section 5.410 of the Eugene Code, 1971, is amended to read and provide: 5.010 Definitions. 1n addition to those definitions contained in DRS Chapters 4$1 to 485, and 487, the following words or phrases, except where the context clearly indicates a different meaning, shall mean: Mal l ~ or Eugene Pede,stri an__Mal l . As defined i n section 4.871 of this code. Section 8. Sections 4.873, 4.874, 4.$15, 5.555, 5.570, 5.575, 5.580, 5.585, and 5.590 of the Eugene Code, 1971, are repealed. Section 9. That the matters contained herein concern the ublic health P safety and welfare, and in order to insure the orderly implementation of these provisions, an emergency is hereby declared to exist, and this ordi- nance shall become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the City Council this 18th day of September, 1955 ~~P~.~~ ~~'~ Ci ty Recorder Approved by th Mayor th's 18th day ept ber 1985 ayor Ordinance - 8