Loading...
HomeMy WebLinkAboutAdmin Order 57-00-02-F ADMINISTRATIVE ORDER NO. 57-00-02-F of the Executive Director of The Library, Recreation, and Cultural Services Department of the City of Eugene Adopting Cultural Services Division Rules The Executive Director of the Library, Recreation & Cultural Services Department (LRCS) of the City of Eugene finds that: A. Pursuant to the authority of Administrative Order No. 57-95-01 and Section 2.019 of the Eugene Code, 1971, Administrative Order No. 57-00-02 was issued on July 11, 2000 proposing the adoption of Cultural Services Division Rules as set forth in the Notice of Intended Rulemaking attached as Exhibit A thereto. B. Public notice of this proposed adoption of Cultural Services Division Rules was given by making copies thereof available to any person who had requested such notice and by publication thereof in the Register Guard, a newspaper of general circulation within the City for at least five days, to-wit, on June 19, 20, 21, 22 and 23,2000, and providing interested persons an opportunity of not less than 15 days to submit data or comments thereon. No valid comments or objections were received within the time and in the manner prescribed in the notice. However, during the comment period staff recommended that Rule 1.000 be modified to reference the applicability of existing Park Rules and Cuthbert Amphitheatre House Rules, and how conflicts in those rules will be resolved. I concur with the recommendation, and have modified the rule. C. Based on the above findings, and the findings in Administrative Order No. 57-00-02, the following Cultural Services Division Rules are hereby adopted: ClJL TlJRAL SERVICES DIVISION RlJI.ES 1.000 AREAS COVERED. These rules apply to the Hult Center, the plaza located on the south and east side of the structure, within the Cuthbert Amphitheatre, and 50 yards from any entrance to Cuthbert Amphitheatre, and are in addition to, and not in lieu of, the Cuthbert Amphitheatre House Rules adopted by Administrative Order No. 57-97-02-F or any applicable Park Rules. In the event of a conflict between a provision of either of those Rules and these Rules, the provisions of these Rules shall prevail. 1.005 RESPONSIBILITY FOR ADMINISTRATION OF RULES. Administrative Order - 1 r:\a~minord\rules\00hult2ao.wpd(07 /31/00) The responsibility for the use and operation of the Hult Center and Cuthbert Amphitheatre has been delegated to the LRCS Executive Director by the City Manager. Except for actions specifically required in these rules to be performed by the Executive Director or City Manager, Cultural Services Division employees are authorized to administer and enforce these rules. 1.010 PICKETING, PROTESTS, DISTRIBUTION OF PROMOTIONAL MATERIALS, AND SIGNATURE GATHERING FOR INITIATIVES, REFERENDA AND OTHER PETITIONS. The Hult Center and the Cuthbert Amphitheatre are dedicated to the peaceful enjoyment of the arts and are not intended to serve as forums for public speech. On Hult Center and Cuthbert Amphitheatre premises, picketing, protesting, distribution of promotional materials and solicitation of signatures for petitions of any kind are permitted only as provided below: 1. Any speech, solicitation of signatures or distribution of materials allowed by these rules on Hult Center or Cuthbert Amphitheatre premises must be conducted in a manner that does not interfere with patrons' peaceful enjoyment of the arts. 2. During a performance and for one-half hour preceding the performance, no person may solicit signatures for petitions inside the area where tickets are required for entry, and no person may carry a sign larger than two square feet in size. 3. Except as provided in subsection 2 above, signatures may be solicited by any person in the Hult Center lobby in compliance with the following guidelines: (a) No solicitation is allowed of persons in line for tickets, refreshments or entry into a performance hall; (b) No solicitation is allowed during, or for one half hour before a performance in the HuH Center lobby; (c) In communicating with other patrons, no person shall speak louder than is necessary to communicate with persons in the immediate vicinity (within ten feet of) the speaker; (d) No person may set up a table in the Hult Center lobby or performance halls, except to distribute materials authorized under subsection 4 of this section. 4. No person may distribute promotional materials, pamphlets or other written materials inside the Hult Center or Cuthbert Amphitheatre premises, except for materials that relate to a performance or exhibition scheduled at these facilities and which the Cultural Services Division has authorized for distribution by persons associated with the performance or exhibition. Administrative Order - 2 r:\adminord\rules\00hult2ao.wpd(07 131/00) 5. On Hult Center premises outside of the Hult Center building, persons may picket, protest, solicit signatures for petitions, -and distribute materials in compliance with the following guidelines: (a) No person may interfere with ingress to or egress from the building; (b) At the Seventh Avenue entrance, persons may not picket, protest, solicit signatures or distribute materials within the area extending from the base of the stairs to the street and five feet on either side of imaginary lines extending from the east and west edges of the stairways to the street. (c) On a first-come, first-served basis, persons may set up a table immediately to the west of the area described in subsection 5(b) above; (d) At the Sixth Avenue entrance, persons may not picket, protest, solicit signatures or distribute materials on the ramp or within 20 feet of the base of the ramp; (e) At all other entrances to the Hult Center, persons may not picket, protest, solicit signatures or distribute materials within 20 feet of the entrance. 6. Persons may picket, protest, solicit signatures or distribute written materials on Cuthbert Amphitheatre premises at any location more than 20 feet from an entrance to the Amphitheatre, except that no solicitation is allowed of persons in line for tickets, entrance, food or beverage. 7. Any person who distributes materials on Hult Center or Cuthbert Amphitheatre premises shall, after completing distribution for the day, pick up any materials that the recipients have dropped on the ground or floor in the vicinity of the distribution activity. 1.015 WAIVER. The Director of Cultural Services, or his/her designee, may, temporarily waive any of the requirements of these rules upon finding that such waiver is in the public interest and will not seriously prejudice or infringe upon the use and enjoyment of the Hult Center or Cuthbert Amphitheatre by others. The waiver shall specifically state the rule provision being waived, and the time period to which the waiver is applicable. Any waiver granted under this authorization shall be limited to the specific time and/or place, and shall not be construed to be a continuing waiver of that or any other provision of these rules, or an agreement to waive such rule at any future time for that or any other person or entity. 1.020 ENFORCEMENT. Administrative Order - 3 r: \adminord\rules\00hu1t2ao. wpd(07 13 1/00) These rules may be enforced by authorized City personnel, including Cultural Services Division employees, or by police officers. 1. Enforcement by Authorized City Personnel. (a) If a violation of these rules takes place in the presence of authorized City personnel, City police officers, or other person in lawful charge of the premises, they may: 1. Request that the person cease the conduct that is violating the rules; or 2. Request that the person leave the Hult Center or Cuthbert Amphitheatre; or 3. Issue a Notice of Cultural Services Division Rule Violation to the person; or 4. Any combination of the above. (b) If the violator fails to comply with a request described in subsection I (a) of this section or is in violation of a previously issued Notice of Restriction of Use issued under subsection 3 of this section, then the authorized City personnel or other person in lawful charge of the premises may place the violator under arrest for trespass. If such action is taken, the police department shall be contacted immediately for further action pursuant to subsection 2 of this section. (c) A Notice of Cultural Services Division Rule Violation issued by authorized City personnel pursuant to subsection l(a)3 of this section shall: 1. Specifically state the rule or rules alleged to have been violated; 2. Be signed by the department personnel issuing the notice; and 3. Contain a statement that a complaint against the violator may be filed in the Municipal Court of the City of Eugene. (d) Within 24 hours after issuing the Notice of Cultural Services Division Rule Violation to the violator, the authorized City personnel issuing the notice shall prepare a written report containing a clear and concise statement of the incident, the alleged violation, the names and addresses of any witnesses to the incident, and their statements, and shall deliver the same, together with a copy of the Notice of Cultural Services Division Rule Violation to the City Prosecutor, who shall determine whether a complaint shall be issued. (e) If the City Prosecutor authorizes issuance of a complaint, it shall be signed and sworn to by the person issuing the Notice of Cultural Services Division Rule Violation in the manner other Municipal Court complaints are processed. The person signing the complaint shall be responsible for filing the original complaint with the Municipal Court; secure from the Court a citation with the appearance date and amount of scheduled bail affixed thereon; and thereafter delivering the citation to the police department for service upon the defendant. Administrative Order - 4 r:\adminord\rules\00hult2ao.wpd(07/31/00) (f) After a complaint has been filed and served on the defendant, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 2. Enforcement by City of Eugene Police Officers. (a) In addition to any other existing authority for citation and/or arrest, if a violation of these rules takes place in the presence of a police officer, the violator may be. subject to arrest by the officer, or the officer may issue a misdemeanant citation in lieu of arrest. (b) A police officer may also take into custody or issue a misdemeanant citation for trespass to a person if the officer is contacted and advised that authorized City personnel or other person in lawful charge of premises has placed the violator under arrest for trespass for: 1. Failure to comply with a request by authorized City personnel or other person in lawful charge of the premises to leave the Hult Center or Cuthbert Amphitheatre. 2. Violation of a previously issued Notice of Restriction of Use issued pursuant to subsection 3 of this section which excludes the violator from the Hult Center or Cuthbert Amphitheatre. (c) If a violator is arrested or issued a misdemeanant citation by a police officer, the officer's report, together with the report of the person acting under subparagraph (b) of this subsection, if applicable, shall be promptly forwarded to the City Prosecutor who shall determine whether a complaint shall be issued. (d) After a complaint has been filed and served on the defendant, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 3. Notice of Restriction of Use. ( a) The City may, in its discretion, notify any person who engages in conduct that results in the person being asked to leave the Huh Center or Cuthbert Amphitheatre, being issued a Notice of Rule Violation pursuant to subsection 1 (a)3 of this section, or being arrested or cited by a police officer for any violation of Cultural Services Division Rules, the Eugene Code, 1971, or state or federal law, that they are prohibited from future use of the Huh Center or Cuthbert Amphitheatre, and their entry therein or thereon will constitute trespassing and that further legal action will be taken accordingly. If issued for violation of the signature-gathering provisions of Section 1.010 of these rules, the Notice shall not prohibit the individual's future participation in other authorized activities at the Hult Center or Cuthbert Amphitheatre. (b) Any person(s) using or renting a Cultural Services Division facility pursuant to a license or permit issued by the City may have that license, permit or permission revoked Administrative Order - 5 r:\adminord\rules\00hult2ao. wpd(07 131/00) and may be immediately removed by authorized City personnel or a police officer if the person is in violation of these rules or of any term or condition of the license or permit. This remedy is in addition to any other remedies available under these rules or the license or permit. The City may, in its discretion, notify any person who engages in conduct that results in the person having a license or permit revoked and being removed from the Hult Center or Cuthbert Amphitheatre, that it may thereafter refuse to accept applications for use or rental of Cultural Services Division facilities or may refuse to allow access to Cultural Services Division facilities by a person who violates these rules, state statutes, the Eugene Code, . 1971, or any term or condition of a license or permit issued by the City. As used in this subsection, "person" includes, but is not limited to, a business, corporation, association or organization. (c) Notices restricting future use under subsections 3(a) and 3(b) of this section shall be issued by the Executive Director of the Department of Library, Recreation, and Cultural Services, shall state the time period for which future use is prohibited, and shall set forth the reason(s) therefor. (d) Any notice that restricts a person's future use pursuant to subsections 3(a) and 3(b) of this section shall contain a statement advising of the right to request a hearing in the manner set forth in section 1.025 of these rules. 1.025 HEARING AND APPEAL PROCEDURE. 1. Persons who have received a notice issued pursuant to subsections 3(a) or 3(b) of Rule 1.020 that restricts their future use of the Hult Center or Cuthbert Amphitheatre may request a hearing on the notice. 2. The request for hearing must be in writing, and be filed with the Executive Director of LRCS within 48 hours (exclusive of weekends) of receipt of the notice. 3. The LRCS Executive Director shall schedule a time and place for the hearing to be conducted, which shall be not more than 72 hours (exclusive of weekends) of receipt of the request for hearing. 4. The hearing shall be informal, and the LRCS Executive Director shall consider testimony from the City personnel involved in the incident that resulted in the notice, testimony from the person requesting the hearing, and testimony from any other witnesses to the incident. 5. At the conclusion of the hearing the Executive Director may affirm, modify, or cancel the notice. A written copy of the decision shall be delivered or mailed on the' date it is issued to the Administrative Order - 6 r:\adminord\rules\00hult2ao.wpd(07/31/00) person who requested the hearing. The decision of the Executive Director shall be final on the 11 th calendar day after it is issued unless prior to that time a written notice of appeal is filed with the Executive Director. 6. An appeal filed under subsection 5 of this section shall be heard by a hearings official appointed by the City Manager, and shall be conducted in accordance with the provisions of Section 2.021 of the Eugene Code, 1971. The decision of the hearings official shall be final. 1.030 PENAL TIES. Violation of any provision of these Cultural Services Division Rules is punishable by a fine not to exceed $500 or confinement injail not to exceed 30 days, or both such fine and imprisonment. In addition to, and not in lieu of such enforcement, the City Manager or designee may impose upon the violator an administrative civil penalty as provided in Section 2.018 of the Eugene Code, 1971. Dated and effective this )-1 day of August, 200 . A el Jones Executive Director Administrative Order - 7 r:\adminord\rules\00hu1t2ao.wpd(07 131/00)