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HomeMy WebLinkAboutOrdinance No. 18773aRDINANCE No. ' AN ORDINANCE CONCERNzNG MALL PERMITS; AMENDING SECTIONS 4.876 AND 4.$77 4F THE EUGENE CQDE, 1971; AND DECLARING AN EMERGENCY. THE CITY of EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection ~.c} of Section 4.876 of the Eugene Code, 1971, is hereby amended to provide: 4.876 Activities Re uirin Permits or City Sponsorship. Ex- cept by mall-activity permit or under sponsorship of the city, na person may engage in any of the following activi- ties in the mall: ~c} commercial pursuits, unless a permit there- for is issued by the parks and recreation director or his designee. Section 2. Subsections ~a} , ~b}„ , ~d} , fie} , ~f } , ~h} and ~ j } of Section 4.877 of the Eugene Code~~ 1971, are hereby amended to provide: 4.877 Permits. Amall-activity permit for activity authorized in the mall only with such a permit may be obtained as follows ~a}, Application for tho permit shall be filed with the parks and recreation director or his designee on a form supplied by him. fib} The application may not be filed earlier than 21 nor later than seven days before the date set for the activity, unless the parks and recreation director or his designee 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 for the activity, the applicant shall have no right of appeal. ~_d} If the permit applied for is for commercial display or sale of goods or services, the parks and recreation director or his designee shall determine within 15 days whether to issue the permit and, if issuing it, whether to condition it in accordance with subsection fie} of this section. ~-e} If the permit applied for is not for commer- cial display or sale of goods or services, within 16 regular city office hours after the filing of the appli- cation the parks and recreation director or his designee shall determine whether the permit shall be granted. In granting it he may condition it by re uir- in a de ~ ~ i ~ ~ q g posit authorized by subsection ~~} of ,.this sec- ordinance - 1 18773 tiara or by requirements and restrictions conducive to achievement of the purposes and objectives indicated by section 4.874 of this code and by subsection {h~ of this section. ~f~, A party aggrieved by the issuance or denial of a Mall--activity permit under subsection ~d~ or ~e~ of this section may within 16 regular city office hours after that action appeal to a committee of three mem- bers of the city council whom the mayor shall appoint. Notice of the appeal shall. be .filed at once with the parks and recreation director or his designee and shall suspend the permit until the appeal ~.s decided. Within 4fl regular. city office hours from receipt of the notice of appeal or before the time set for the activit , Y whi:chewer is sooner, the committee shall: 1. Conduct a hearing on the appeal, 24 hours advance notice of which shall be given the appellant and the permi~ttee, 2. Within 48 hours make a determination r which shall be final, whether the permit shall be granted and, if sv, whether i,t shall be condition~- ed in accordance with subsection fie} of this sec- tion. ~~. In deter~nina~ng whether to grant a permit under this .section and to subject the permit to conditions i the parks and recres,tion~director, his designee, or the committee of ~ th_e council shall endeavor to: 1. 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. ~. Minimize danger to public health, peace, and safety and to public and private property. 3. ~'reser~re and enhance the aesthetic quali- t,ie.s of the mall.,. 4. Prevent sound and other conditions that would interfere w%th le itl,~mate pursuits in the mall, or on add ace.nt premises, 5. Con tribute ~ to a variety of non-re eti.. five act iti ~ p ~' ea in the mal.1 and to vara.ous sponsor- ship of those activities, 6, Avoid extra administrative functions and expense for the city. ~ ~ R _a~. zf the parks and recreation director, his designee, or, In case. of an appeal., the. committee of the council, finds that the. activity for which the permit is sought would probably cause the city substantial extra expense, the parks and recreation director, designee, or committee may condition the permit on advance deposit with the de~- partment o~ finance o~ a~ sum from which ~ may be drawn what-- .ever aa~ount the parks and recreation director, designee, or committee subsequently finds necessary to reimburse the city for extra expense arising from the activity. Any such Ordinance - 2 1$773 requirement of a deposit shall be accompanied by a written explanation of the amount specified for the deposit. ~~:thn 1o days ~,f ter the permitted activit has ceas y ed, the department of finance shall return to the permittee whatever amount of the deposit the parks and recreation d,irectvr, designee, or committee certifies is not needed to defray the extra expense. Section 3. That the pra~risions contained herein concern the public welfare, and in order to provide for the orderly administra- tion and processing of mill activity permits, an emergency is hereby declared to exist, and this Q~dinance shall become effective immedi- ately upon its passage by the Cit~r Council and approval by the Mayor. Passed by the city Council this 13th day of A il, 1981 i• C City Record r Approved by the Mayor this 13th day of April, 1951 Counci~7 President, Acting Mayor ordinance ~- 3.