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HomeMy WebLinkAboutOrdinance No. 19570ORDINANCE N0. 195E ~~~ AN aRDINANCE CONCERNING THE PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT; AMENDING SECTIONS 2.812, 2.813, 2.814, 2,815, 2.816, 2.817, 2.1990, AND 4.680 OF THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLO~IS: Section 1. Sections 2.512, 2.813, 2.814, 2.815, 2.816, and 2.817 of the Eugene Cade, 1971, are amended to provide: 2.812 Parks, Recreation and Cultural Services De artment -Authorization i iolatian. ~1} The city manager may appoint an executive director to su er- vise the arks and recreation are • p• p as and other public facTl~t~es of the city. ~2~ Subject to the authority and control of the cit mana er the executive director shall: y g ' ~a} Regulate and supervise the use of areas desi Hated as • g city parks and•recreat~on areas, city buildings, or other cit properties assn ned b the y g y city manager. ~b~ 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 executive director by the city manager-. ~3} To 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 throu hout the city, the executive director g • may make rules and regulations regarding the use of park areas and facilities, including the determination of a ro- priate activities time of use and pp access to areas and facilities. In add~t~on, the executive director may adopt any rules or re ulatians neces to cart out the duti g sary y es of the department. ~4} Nv person shall violate a park rule adopted ursuant to sections 2.812 to 2.817. p ~5~ The provisions of this section apply to count arks within the cot orate l~m7ts y p p of the city. 2.813 Parks, Recreation and Cultural Services De artment - Prere uisites to Ado tion of Rules. . ~1~ Before adapting, amending ar repealing a rule, the executive director shall give notice of the proposed adoption, amendment or re eal n shall f p a d a ford interested persons an opportunity far comment in writin ar at a public hearin , g g ~2} If the executive director finds that his or her failure tv act promptly will result ~n serious prejudice to the public interest ar the inter- est of the parties concerned, the executive director may roceed to ado t a rule without noti p p ce or hearing upon the declaration of an emergency. Ordinance - 1 2.814 Parks, Recreation and Cultural Services De artment - Filin and Takes ng Effect of Ru,l es. ~1} The execut~~ve director shall file in the office of the cit y recorder a certified copy of each rule adopted. ~2} Each rule is effective 30 days after filing in the city recorder's office as required by subsection ~~} of this section, exce t that: a If p ~,} a later effective date is required by statute or spec~f~ed ~n the rule, the later date is the effective date. fib} A rule bearing an emergency clause becomes effective upon filing with the city recorder. ~3} The office of the city recorder shall supply copies of the adopted rules and regulations upon request. The office may char e a fee to g cover costs. 2.815 Parks, Recreation and Cultural Services De artment - validit of Rules. ~1} There is a presumption in favor of the validity of rules adopted by the executive director pursuant to these sections. ~~} The council may determine the validity of any rule at an time u on its own motion or ~ y p upon a wr7tten request received from 1o persons or from an association having not less than 10 members within 30 da s of the rule bei n filed i n the y g office of the city recorder pursuant to section 2.514. Determ~nat~on of the rule's validity shall be in the manner prescribed in sections ~.007~9} and X10}. ~3} A rule shall be declared invalid only if it: ~a} violates constitutional provisions, or 4b} Exceeds the duties and powers of the parks, recreation and cultural services department, or ~c} was adopted without compliance with applicable rule- mak~ng procedures. Z.815 Parks, Recreation and Cultural Services De artment - A enc Deter- mination of A licabilit of Rule to Petitioner. ~1} On petition of any interested person, the executive director ~n his or her dlscret~on may issue a declaratory Tulin with res ect to the a licabilit o g p pp y f any rule enforceable by the executive director to any state of facts, person, or property. ~2} The executive director may appoint a hearings officer to take evidence and hear argument at any hearing held pursuant to this section. ~3} The rules set forth in section x.391 to 2.400 shall Quern the conduct of the hearin . g g ~4} .A final order issued by a hearings official shall be accom- pan~ed by findings of fact and conclusions of law. A copy of the final order shall be delivered or mailed to each party. x.817 Parks, Recreation and Cultural Services De artment - Review of De artment Determination. ~1} Any person adversely affected or aggrieved by an order is entitled to review of the final order by the council. ~~} The petitioner shall have 30 days from the date notice Ordinance - 2 of the final order is delivered or mailed to appeal to the council. An appeal shall be made by delivery of written notice of appeal to the council. The council shall notify the petitioner of the time and place at which the council will hear the appeal. Determination of the appeal shall be in the manner prescribed ~n sections 2.OO1~9} and X10}. ~3} The rule under review shall Hat be in effect pending the determination of its validity. ~4} The determination of the validity of the rule of the department shall be within the sole discretion of the council. Section 2. Subsection ~2} of Section 2.1990 of the Eugene Cade, 1971., is amended to provide: 2.1990 Penalties - Specific _ . ~2} violation o~f a rule of the parks, recreation and cultural ser- vices department adapted under section 2.812 et seq, is punishable by a fine not to exceed $500 or confinement in jail Hat to exceed 3o days, or both such fine and imprisonment. Section 3. Subsection ~2} of Section 4,680 of the Eugene Cade, 1971, is amended to provide: 4.68o Acts Proh,ibi„ted at ,Night ~2} Between the hours of 11:00 p.m. of one day and 6:D0 a.m. of the succeeding day, na person shall be in a city park unless drivin throw h the ark on lawf g g p u1 bus ~ Hess . Section 4. The City Recorder, at the request of or with the concurrence of the City Attorney, is authorized to administratively correct reference errors contained herein or in other sections of the Eugene Code, 1971, to the provisions amended herein. Section 5. That the matters contained herein concern the public welfare, and an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 13th flay of July, 1988 ty Recorder 13th day Ordinance - 3 Approved by the Mayor this