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HomeMy WebLinkAboutAdmin Order 58-96-17 Administrative Order No. 58-96-17 Executive Director Public Works Department City of Eugene, Oregon Delegating Authority to the Police Services Division Deputy Director to Issue Notices of Restriction of Use Pursuant to Park Rule 1.005 and Conduct Hearings Thereon. The Executive Director of the Public Works Department of the City of Eugene finds that: A. On June 6, 1994 I issued Administrative Order No. 58-94-12 adopting amended Park Rules. Park Rule 1.005(3)(a) provides that any person who: (1) engages in conduct that results in the person being asked to leave the park area, recreational facility, or activity; (2) is issued a Notice of Rule Violation; or (3) is arrested or cited by a police officer for any violation of Park Rules, the Eugene Code, 1971, or state or federal law may be issued a Notice of Restriction of Use that prohibits the person's future use of City parks or facilities, or from participation in City sponsored programs or activities for a specified period of time, and their entry therein or thereon during the restricted period will constitute trespassing. B. Under Park Rule 1.074, any person to whom a Notice of Restriction of Use is issued may file a written request for hearing with the Executive Director of the Public Works Department within 48 hours (exclusive of weekends) of receipt of the notice. The Executive Director's decision may be appealed to a hearings official appointed by the City Manager. C. Because City police officers are called upon to enforce the Park Rules, the Eugene Code, 1971, and other federal and state statutes within City park and facilities, it would be more efficient and in the public interest to delegate my authority to issue notices of restriction of use under Park Rule 1.005 and to conduct hearings thereon pursuant to Park Rule 1.074 to the City's Deputy Director, Police Services Division, Department of Public Safety. Now, therefore, based on the above findings, The Executive Director of the Public Works Department of the City of Eugene, orders and directs as follows: 1. Except as provided in Section 2 below, the Public Works Department Executive Director's authority to issue notices of restriction of use under Park Rule 1.005 and to conduct hearings thereon pursuant to Park Rule 1.074 is hereby delegated to the Deputy Director of the City of Eugene's Department of Public Safety, Police Services Division, or the Deputy Director's designee. Administrative Order - 1 2. Nothing contained herein shall be construed to limit the ability of other City personnel to cause a notice of restriction of use that I issue or the Executive Director of LRCS issues to be served pursuant to Park Rule 1.005, and any hearings on such notices shall be conducted by the Executive Director issuing the notice. Dated and effective this Ihm. day of August, 1996. ()~ a"M#~ Christine Andersen Executive Director, Public Works Department Administrative Order - 2