Loading...
HomeMy WebLinkAboutAdmin Order 57-00-03-F ADMINISTRATIVE ORDER NO. 57-00-03-F of the Executive Director of the Library, Recreation and Cultural Services Department of the City of Eugene Adopting Pool and Community Center 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. 57-00-03 was issued on June 6, 2000 proposing the adoption of Pool and Community Center rules as set forth in the Notice of Intended Rulemaking attached as Exhibit A thereto. B. Public notice of this proposed adoption of Pool and Community Center 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. C. Based on the above findings, and the findings in Administrative Order No. 57-00-03, the following Pool and Community Center Rules are hereby adopted: POOL AND COMMUNITY CENTER RUl,ES 1.000 APPLICABILITY. These rules apply to the Amazon Pool, Echo Hollow Pool, Sheldon Pool, Amazon Village Community Center, Campbell Senior Center, Hilyard Community Center, Peterson Barn Community Center, Sheldon Community Center, and Westmoreland Community Center, and are in addition to, and not in lieu of, any applicable adopted Park Rules. 1.005 RESPONSIBILITY FOR ADMINISTRATION OF RULES. The responsibility for the use and operation of the City's pools and community centers 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, LRCS employees Administrative Order - 1 r:\adminord\rules\00pooI2ao.wpd(07 /31/00) are authorized to administer and enforce these rules. 1.010 PICKETING, DISTRIBUTION OF PROMOTIONAL MATERIALS, AND INITIATIVE AND REFERENDUM SIGNATURE GATHERING 1. Pools. No person shall personally distribute promotional materials, pamphlets, or other written communications on pool premises. For purposes of this Rule, "pool premises" includes any structure or enclosed area containing a City pool. No person shall picket or gather signatures for initiative or referendum petitions on pool premises. All such activities shall occur outside the pool premises in a manner and at a place that does not block ingress to, egress from, or circulation of motor vehicles in the pool parking lots. No person shall conduct speech or initiative or referendum activities within 20 feet of any entry or exit door to a pool facility. 2. Community Centers. No person shall engage in speech or initiative or referendum activities that is disruptive to community center activities. No person shall picket, distribute written communications, or solicit signatures for initiative or referendum petitions within 20 feet of any entrance or exit door of a community center. All such activities shall occur in a manner and at a place that does not block ingress to, egress from, or circulation of motor vehicles in the community center parking lots. 1.015 WAIVER. The Executive Director may, by administrative order, 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 pools and community centers by others. The order shall specifically state the rule provision being waived, the time period to which the waiver is applicable, and the reason(s) for the waiver, which must support the required finding. Any waiver granted under this authorization shall be limited to the specific time and/or place set forth in each order, 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. These rules may be enforced by authorized City personnel, including LRCS 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: Administrative Order - 2 r:\adminord\rules\00pooI2ao.wpd(07131/00) 1. Request that the person cease the conduct that is violating the rules; or 2. 3. the person; or 4. Request that the person leave the Pool and Community Center; or Issue a Notice of Violation of Pool and Community Center Rules to Any combination of the above. (b) If the violator either fails to comply with a request described in subsection 1 (a) of this section or is in violation of a previously issued Notice of Restriction of Use, 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 Pool and Community Center 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 (exclusive of weekends) after issuing the Notice of Pool and Community Center 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 Pool and Community Center 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 Pool and Community Center 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 deliver the citation to the police department for service upon the defendant. (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 Administrati ve Order - 3 r:\adminord\rules\00pooI2ao.wpd(07/31/00) 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 Pool or Community Center; or 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 Pool or Community Center. ( 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 Pool or Community Center, 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 Pool and Community Center Rules, the Eugene Code, 1971, or state or federal law, that the person is prohibited from future use of the Pool or Community Center, and the person's 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 Pool or Community Center. (b) Any person( s) using or renting a Pool or Community Center facility pursuant to a license or permit issued by the City may have that license, permit or permission revoked and may be immediately removed from the Pool or Community Center 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 Pool or Community Center, that it may thereafter refuse to accept applications for use or rental of the Pool or Community Center facilities or may refuse to allow access to the Pool or Administrative Order - 4 r:\adminord\rules\00pooI2ao.wpd(07/31/00) Community Center 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, 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 1 (a)3, 3(a) or 3(b) of Rule 1.020 that restricts their future use of a Pool or Community Center may request a hearing on the notice. 2. The request for hearing must be in writing, and be filed with the Executive Director within 48 hours (exclusive of weekends) of receipt of the notice. 3. The 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 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 who appear to testify at the hearing. 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 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 pursuant to subsection 6 of this section. 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. Administrative Order - 5 r:\adminord\rules\00pooI2ao.wpd(07/31/00) Violation of any provision of these Pool and Community Center 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 thi~ day of August, 2000. Administrative Order - 6 r:\adminord\rules\00pooI2ao.wpd(07/31/00)