HomeMy WebLinkAboutOrdinance No. 20196
ORDINANCE NO. 20196
AN ORDINANCE CONCERNING THE PEDESTRIAN MALL;
AMENDING SECTIONS 4.680, 4.870, 4.871, 4.872, 4.874, AND
4.990 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (3) of Section 4.680 of the Eugene Code, 1971, is amended to
provide:
4.680 Acts Prohibited at Night.
(3) Between the hours of 1:00 a.m. and 6:00 a.m., no person shall be in the
Broadway portion of the downtown mall, which portion is defined as the area of Broadway from the
east margin of Charnelton Street to the west margin of Oak Street, exclusive of intersections. The
prohibition of this subsection does not apply to persons who reside in that area, to employees and/or
owners of businesses within that area, or to persons who walk through that area without stopping.
Section 2.
Section 4.870 of the Eugene Code, 1971, is amended to provide:
4.870 Downtown Mall - Purposes. Eugene's downtown mall has been built to renew,
preserve, and enhance the economic and aesthetic value of the city's central business district
and to provide facilities conducive to a harmonious blend of civic, social, cultural, and economic
pursuits. Vehicular traffic is generally excluded to provide a pleasant public thoroughfare for
pedestrians. Vehicle traffic was removed from the area of the mall to increase and expand pedestrian
oriented activities, including economic and commercial activities, a place for civic and cultural events,
and elements of a public market and an urban park. One significant purpose of the mall is to enhance
the economic vitality of adjacent property. In order to do so, portions of the downtown mall have
been reopened to vehicular traffic. The mall is intended to encourage private investment in the
downtown area and to enhance the value of such investments by encouraging pedestrians to come to
the area. The multiple uses of the mall are to be accommodated by reserving different areas of the
mall (1) as visual amenities designed for everyone's enjoyment, (2) for pedestrian uses, (3) for use by
abutting merchants, (4) for uses by other commercial pursuits and (5) for public events. When
compatible such uses may also occupy the same areas of the mall.
Section 3.
The caption, and definition of Mall or Eugene Pedestrian Mall in Section 4.871
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of the Eugene Code, 1971, are amended to provide:
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4.871 Downtown Mall - Definitions. For purposes of sections 4.870 to 4.872 of this
chapter, the following words shall have the meanings ascribed to them by this section:
Mall or Downtown Mall.
(a) 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 79.6 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 following thoroughfares that are
constructed from time to time pursuant to Eugene Ordinance No. 15907, except the
traffic lanes on Willamette Street and on 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 Oak Street, excluding its intersection with Olive Street and Willamette
Street.
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 160 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 west margin
of Willamette Street to 160 feet west of the west margin of Willamette Street and
from the east margin of Olive Street to 152 feet east of the east margin of Olive
Street.
(b) All public improvements made within the area described in subpart (a)
of this definition.
Section 4.
Section 4.872 of the Eugene Code, 1971, is amended to provide:
4.872 Downtown Mall - Prohibited Acts.
(1) Except when approved as part of an authorized activity, the following acts are
prohibited on the mall:
(a) Interfering with an authorized activity.
(b) Climbing any tree.
(c) Except for stairways and childrens' play area apparatus, climbing any
mall structure which is more than six feet in height on either side.
(d) Climbing any structure in such a manner as to create a danger of
personal injury or property damage.
(e) Impeding any pedestrian or emergency access lanes.
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(f) Except for on-duty trained dogs being used to assist handicapped
persons or police, bringing or allowing any uncaged animal onto the mall.
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(g) Except in an emergency or except for grassy areas lying down.
(h) Except for children under six years of age, sleeping.
(i) Riding a bicycle.
(j) Riding or using a skateboard or rollerskates.
(k) Engaging in a commercial pursuit.
(l) Placing a display.
(m) Except as provided in section 3.344(4)(c), conducting or participating
in the conduct of any activity with four or more persons or which is likely to attract at
any one time an assembly of over 25 people.
(n) Creating or continuing a noise disturbance.
(o) Except for publicly owned vehicles or public utility vehicles when
responding to an emergency, and except as authorized by parking space rental permits
issued and authorized in accordance with section 5.350 of this code, operating or
parking a motor vehicle.
(p) Sitting on any mall surface intended for pedestrian purposes.
(q) Entering into a shrubbed or flowered area or acting in a manner
harmful to any plant life on the mall.
(2) No person on the mall shall, while in charge of a child under 12 years, allow
the child to violate any provision of this section or of section 3.344.
Section 5.
The caption and Subsection (1) of Section 4.874 of the Eugene Code, 1971, are
amended to provide:
4.874 Downtown Mall - Exclusion.
(1) Any peace officer, as defined by ORS 133.005, may issue a notice of exclusion
from the downtown mall to any person who commits any offense defined in this chapter or in the
criminal laws of the State of Oregon on the downtown mall, except that this section shall not apply to
violations of section 4.872. For purposes of this section only, the downtown mall includes that area
defined in section 4.871 of this code, together with the intersections of Broadway Avenue with Olive
Street and Willamette Street and that portion of Willamette Street extending 40 feet north and 80 feet
south from the margins of Broadway Avenue at its intersection with Willamette Street. A notice of
exclusion shall prohibit the person who committed the offense from entering upon the downtown mall
for a period of 60 days. The notice of exclusion shall be in writing, shall specify the duration of the
exclusion and the places from which the person is excluded, shall describe the procedure to appeal the
notice of exclusion, and shall specify the time and place that the appeal will be heard. The notice of
exclusion shall be signed by the officer who issues it and shall be given to the person excluded from
the mall.
Section 6.
The matrix reference to sections 4.872 to 4.879 in Subsection (1), and
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Subsections (4) and (5) of Section 4.990 of the Eugene Code, 1971, are amended to provide:
4.990 Penalties - Specific.
4.872 to 4.874 See subsections (4) and (5) of this section
(3) Violation of sections 4.872 to 4.874 and any regulations adopted under those
sections, except willful violations as defined in subsection (5), is punishable by fine not to exceed
$500.
(4) The willful violation of sections 4.872 to 4.874 and any regulations adopted
under those sections or the willful violation of any other section of this chapter punishable by fine only
while on the mall as defined in section 4.871 is punishable by a fine not to exceed $1,000 or
confinement in jail not to exceed one year, or both fine and imprisonment. A willful violation of
section 4.872 to 4.874 or the regulations adopted thereto shall mean engaging in the same prohibited
conduct after either receipt of a written notice of the violation as described in those regulations or
receipt of a misdemeanant citation from a police officer.
Section 6.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein, and
specifically including references to Eugene Pedestrian Mall or Pedestrian Mall.
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Passed by the City Council this Approved by the Mayor this
8th day of May, 2000 8th day of May, 2000
/s/ Warren G. Wong /s/ James D. Torrey
City Recorder Mayor
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