HomeMy WebLinkAboutAdmin Order 57-85-02
CITY OF EUGENE
CI'1'X FIlE NO. <)1-~S-OL-
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Ernie Drapela, Director
Parks & Recreation Department
Date:
September 27, 1985
Subject:
Amendments to Park Rules
We have consolidated your request to amend the Park Rules to
prohibit swimming in the Alton Baker Park water features with the
need to eliminate references to the Mall, and enclose a draft of
an Administrative Order effecting these changes.
Although not requested, a further amendment was made to Rule
1.020. The last sentence of that rule is not consistent with ORS
Chapter 98 or Sections 2.825 to 2.855 of the Eugene Code, 1971
governing the disposi tion of found property. We have amended
the section to provide that unclaimed articles will be "disposed
of in accordance with applicable city and state law".
The order contains an emergency clause, and will be effective
on the date it is filed with the City Recorder. If the order is
acceptable as drafted, you should date and sign it. You then need
to make a copy, type on that copy "I hereby certify that this is
a true and correct copy of the original", wi th a signature line
for you as the Director, and file that certified copy with the
C i t Y R e cor de r . The da t e i tis s t am pe d as re c e i ve d by the C it y
Recorder should then be filled in as the effective date. The
original should be retained by you with other original orders.
I would appreciate it if either you or the Recorder's office
would forward me a copy after it has been signed and accepted for
filing. Please also let me know whether you will be notifying the
Court and Police Department of the amendments or if you wish our
office to do so. If you have any questions or wish further revisions,
do not hesitate to call.
HARRANG, SWANSON, LONG &
;;ff~;-e ::ITY ~TTORNEYS
Sharon A. Rudnick
SAR: jw
Enc.
cc w/encl.: Keith Martin
DEPARTMENT OF PARKS AND RECREATION
CITY OF EUGENE, OREGON
AMENDMENT TO PARK RULES 1.000, 1.005, 1.007,
1.010, 1.020, 1.050, 1.060, AND 1.070: AND
DECLARING AN EMERGENCY.
Pursuant to the authority of Section 2.812 et seq. of the
Eugene Code, 1971, the Director of the Department of Parks and
Recreation of the City of Eugene hereby adopts the following
amendments to the Park Rules:
Subsection (1) of Park Rule 1.000 is amended to provide:
1.000
PROPERTY.
(1) The following rules shall apply to all
property belonging to the City of Eugene, including
property outside the corporate limits of the City and
County parks within the corporate limits of the city,
except property for which other specific rules or regulations
have been adopted.
Subsection (1) of Park Rule 1.005 is amended to provide:
1.005
ENFORCEMENT.
(1) Parks and Recreation Department personnel,
or any peace officer, in any park area may order compliance
by the public with park rules, and may order any person
violating the rules to leave the park area. A violator
may be subject to arrest by a police officer if the
violation takes place in the presence of the officer, or
a misdemeanant citation may be issued in lieu of arrest
by the officer. Persons in lawful charge of the premises,
or Parks and Recreation Department personnel, may issue
to the violator a notice of violation of these rules or
for trespass if the violation takes place in the presence
of the Parks and Recreation Department personnel.
Rule 1.007 is amended by deleting subsection (3) therefrom,
and renumbering subsections (4), (5), (6), (7), (8), (9), (10),
(11), (12), (13), (14), (15), (16), (17), and (18), to (3), (4),
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(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16),
and (17), respectively.
The first paragraph, and subparagraphs (b) and (c), of Rule
1.010 are amended, and a new subparagraph (h) added thereto,
to provide:
1.010
PROHIBITED ACTIVITIES.
In addition to any other prohibitions in these
rules, the following activities are prohibited within a
park area:
(b) Operating or using any noise-producing
machine, vehicle, device, or instrument in a manner that
disturbs other park visitors.
(e) Participating in a public demonstration,
disturbance, or riotous behavior that interferes with
the reasonable use by the general public of the park.
(h)
pools, ponds,
Baker Park.
Wading, swimming or bathing in any of the
canals, or other water features of Alton
Rule 1.020 is amended to provide:
1.020
UNCLAIMED ARTICLES.
An article found in a park area shall be
turned over to the Parks and Recreation Department and
disposed of in accordance with applicable city and state
law.
Rule 1.050 is amended by deleting subsection (4) therefrom,
and renumbering subsections (5) and (6) to (4) and (5) respectively.
Subsections (1) and (2) of Rule 1.060 are amended to provide:
1.060
SIGNS AND CONCESSIONS.
(1) Except in a specially designated area, no
person may erect signs, markers, or inscriptions of any
type within a park area without permission from the
Parks and Recreation Department.
(2) The following activities are prohibited
in a park area unless specifically authorized by the
Parks Department:
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(a) Operating a fixed or mobile concession.
(b) Solici ting, selling, offering for
sale, peddling, hawking, or vending any goods
or services.
(c) Advertising any goods or services.
(d) Distributing any commercial circular,
notice, leaflet, pamphlet, or written or
printed information of any kind. A noncommercial
handbill may be distributed to a person willing
to accept it if it is distributed without charge.
Rule 1.070 is amended to provide:
1.070
VANDALLISM AND LITTER.
(1) Flowers, or other vegetation, may not be
picked, cut, mutilated, or removed from any park area
without written permission from the Parks and Recreation
Department.
(2) No person may mutilate, deface, damage,
or remove a table, bench, building, sign, marker, monument,
fence, barrier, fountain, faucet, traffic recorder, or
other structure or facility of any kind in a park area.
(3) No person may dig up, deface, or remove
earth, stones, rock, or other substance, make an excavation,
lay or set off any blast, roll any stones or other
objects, or assist in doing so in a park area except
under authority of the Parks and Recreation Department.
(4) Refuse may be left in a park area only in
the receptacles designated for that purpose.
(5) No person may wash any clothing or other
material in a park area.
(6) No person may clean fish in a lake or
stream in a park area.
The Director of the Department of Parks and Recreation hereby
speci ficall y finds and declares that the foregoing amendmen ts to
the Park Rules are necessary for the preservation of the health,
welfare and safety of the citizens of the City of Eugene, are
further necessary to avoid conflict with other City adopted regula-
tions, and therefore, an emergency is hereby declared to exist,
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and these Rules as amended shall be effective on and after the
date a certified copy hereof is filed with the City Recorder of
the City of Eugene, which date is indicated below.
Adopted this 7 th day of () C. fo be r , 1985, effective as
of the 7 .,.." day of (JG foher , 1985.
~ r J; r"-f1~!~
Director, Department of Parks and
Recreation, City of Eugene, Oregon
DEPARTMENT OF FINANCE
DATE RECEIVED FOR FlUNG
OCT 07 1985
F.ILE NO. OR REF.
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