HomeMy WebLinkAboutItem 4 - Downtown Area Ordin.EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: An Ordinance Concerning the Downtown Area; and Proposed Amendments to
Sections 3.344, 4.871, and 4.872 of the Eugene Code, 1971
Meeting Date: May 24, 2004 Agenda Item Number: 4
Department: Police Department Staff Contact: Robert M. Lehner
www. cl. eugene, or. us Contact Telephone Number: 682-5102
AGENDA ITEM SUMMARY
This is an item for council action to amend the Eugene Code provisions concerning the Downtown area.
The proposed changes include amending the definition of commercial pursuits, adding the definition of
admissions and removing the permit requirement for non-commercial gatherings of over 25 people.
BACKGROUND
Council Action History
Eugene Code sections governing activities on the downtown mall have been in place since 1972, and
have been amended several times over the years. During some of the time that Eugene had a downtown
mall, the code allowed a police officer to issue a notice of 60-day exclusion to persons who committed
criminal offenses, and it also imposed a nighttime closure of Broadway, from Charnelton Street to Oak
Street, between 1:00 a.m. and 6:00 a.m. These provisions were repealed by the sunset provision in
Ordinance No. 20232. The most recent amendments, adopted on November 24, 2003, by Ordinance No.
20303 ("Downtown Ordinance"), eliminated all references to the former downtown mall and designated
a downtown activity zone and a downtown core area. The Downtown Ordinance was designed to
regulate behavior in the core area in a manner appropriate to a high-use, downtown commercial
/residential area. The ordinance did not reinstate the previous mall exclusion and it reduced the area
subject to the nighttime closure.
In April 2004, the council held a work session, followed by a public hearing on May 10, 2004, regarding
a proposal to amend the Eugene Code provisions regarding the downtown area.
Policy Issues
Should the Eugene Code sections concerning the downtown area be amended to remove regulations on
activities and gatherings that are not related to commercial pursuits?
Council Goal Action Priority
The proposed ordinance addresses the council's "Safe Community" goal. It also supports efforts to
retain "a high quality of life and a healthy economy" and to "manage growth and change in the urban
environment" as expressed in the "Sustainable Community Development" goal.
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Financial and/or Resource Considerations
None.
Other Background Information
For the past 30 years, regulation in Eugene's downtown has been used to help maintain the area's
balance of public and private interests with the goal of encouraging a pleasant place for civic and
cultural events combined with commercial activities and residential and economic pursuits. In January
2004, the council directed the City Manager to revisit the Downtown Ordinance which was adopted on
November 24, 2003, to clarify the issue of regulation of commercial versus non-commercial activities in
Eugene's downtown. A City Council work session was held on April 12, 2004, to report on the progress
made to resolve the public' s and council' s concerns. For several weeks prior to the council work
session, City representatives and a community coalition met with the City's attorneys to develop
changes to the Downtown Ordinance and the temporary Administrative Rule R-3.336, adopted by
Administrative Order No. 21-03-15.
Working together, City representatives and community members were able to more clearly focus the
areas of concern and reach agreement on a strategy to resolve these issues while ensuring that the City of
Eugene could provide necessary management of the downtown area. This strategy has been applied to
the proposed ordinance, (Attachment A), which applies only to commercial activities. All discussion of
non-commercial gatherings, whether spontaneous or planned, has been removed from the proposed
ordinance. In addition, the charging of admission has been clarified as a determining factor in defining
an activity as a "commercial event" which would be regulated by the ordinance.
During the public hearing which was held on May 10, 2004, questions were raised regarding the closure
of the Broadway Plaza between 11 p.m. of one day and 6 a.m. of the following day, which is consistent
with park and open space hour restrictions. The proposed ordinance continues to provide in Eugene
Code 4.872 (2) (j) closure at 11 p.m. with the provision that "except that moving through the plaza
without stopping is not prohibited. The prohibition of this subsection (j) may be enforced in the same
manner as enforcement of the adopted Park and Open Space Rules, including issuance of a notice of
restriction of use to violators." While later hours are indeed an option for any restricted location
including the Broadway Plaza, staff recommends closure of the Broadway Plaza between 11 p.m. and 6
a.m. to provide consistency with use of other parks and park-like spaces to limit potential problems
associated with noise and litter that can disturb people in the area during late night and early morning
hours.
At the Public Hearing, a further question was asked regarding the public safety difference between
standing in the middle of Broadway Plaza at midnight and standing on the corner of Broadway and
Willamette Streets. Essentially, an individual or a small group can stand on the sidewalk of Broadway
and Willamette Streets at any hour of the day or night. There is a difference between a sidewalk,
roadway, or other thoroughfare and a place providing not only passage but gathering opportunities. To
be enforceable, a definitive boundary between spaces must be established. In this case as is the case
with a park, the space is primarily intended as a gathering place as opposed to the nearby sidewalk
which is intended primarily for passage and there are restrictions against blocking passage.
Following the adoption by City Council of the proposed ordinance concerning the Downtown area,
Administrative Rule R-3.336 will be updated to correspond with the new ordinance, including the
addition of standards to be used by the City to determine which items may be sold by street vendors.
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(The administrative rule already contains standards regarding items which may be sold by peddling
vendors and pushcart vendors.) Within the next few months, work will begin to develop a second
ordinance, currently being referred to as a "Parade/Gathering Ordinance" which is intended to provide
an opportunity for City representatives to work with the community coalition to design an effective
process to facilitate parades and gatherings on public property. Essentially, by eliminating non-
commercial gatherings from the Downtown Ordinance and Administrative Rule R-3.336, an
opportunity has been created to resolve the issues of the size of gatherings, to re-focus the need for
permits into the same context as all similar City processes (such as facility or park rentals), and to
eliminate the need for insurance coverage for most small or spontaneous activities.
Timing
There are no timing issues associated with this item.
OPTIONS
1. The council may adopt the ordinance as presented;
2. The council may adopt the ordinance with revisions; or
3. The council may decline to adopt the ordinance.
STAFF RECOMMENDATION
Staff recommends that the council adopt the ordinance as presented.
SUGGESTED MOTION
Move to adopt an ordinance concerning the Downtown Area, and proposed amendments to Sections
3.344, 4.871, and 4.872 of the Eugene Code, 1971.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Robert M. Lehner, Chief of Police
Telephone: 541-682-5102
Staff E-Mail: robert.m.lehner~ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE CONCERNING THE DOWNTOWN AREA, AND
AMENDING SECTIONS 3.344, 4.871 AND 4.872 OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsections (4)(a), (b) and (c) of Section 3.344 of the Eugene Code,
1971, are amended as follows:
3.344 Private Commerce on Public Property - Specific Authorized Activities.
(1) Sidewalk Commerce,
(a) Sidewalk commerce licenses shall be restricted to vending
locations located within a geographical area on Kincaid Street
from 100 feet north of 12th Avenue to 100 feet south of 13th
Avenue. In assigning a vending location, the city shall consider
the following:
1. Any license operating area requested by the
applicant;
2. The licensed activities of any other sidewalk
commerce enterprise in the same license operating
area;
3. Other sidewalk uses in the license operating area;
4. The public health and safety, including the possibility
of restricted visibility for persons using the public way;
5. Compatibility of the request with rules adopted under
this chapter.
(b) A vending location may be assigned upon compliance with section
3.338 of this code.
(c) If the city manager finds that a sidewalk within a license operating
area is being fully utilized for its primary purpose of pedestrian
traffic, or that the issuance of a sidewalk commerce license will
have an adverse impact on the primary use of the sidewalk
because of existing levels of pedestrian use, the city manager
may restrict or prohibit the issuance of sidewalk commerce
licenses for a specified license operating area.
(d) At no time shall the city issue more than six sidewalk commerce
licenses for a license operating area.
(2) Street Vendor.
(a) A street vendor shall:
Ordinance- l
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1. Sell, offer for sale, or distribute only the items approved by
the city;
2. Conduct business only from a vehicle legally parked
alongside the curb;
3. Comply with all applicable federal, state and local laws and
regulations.
(b) A street vendor shall not:
1. Conduct business in such a way as to restrict or interfere
with the enjoyment or use of property by nearby property
owners or occupants;
2.Increase traffic congestion or delay;
3.Create a hazard to life or property;
4. Stop on the traveled portion of any street or in any bicycle
lane;
5. Stop in one location for more than [f~e] fifteen minutes
within the same hour while conducting business.
(3) Outdoor Cafes.
(a) The city manager or the manager's designee, may issue a permit
for an outdoor cafe allowing the service of food or beverages
within a public right of way provided the following conditions are
met:
1. The permit applicant assumes all risks associated with the
use of the right of way;
2. The permit applicant lawfully operates a restaurant adjacent
to the right of way for which the applicant seeks a permit;
3. The owner of the restaurant property consents to issuance of
the permit;
4. The permit applicant demonstrates that the use of the right
of way will not interfere with existing utilities, pedestrian use
of the right of way nor pose a hazard to vehicular traffic;
5. The permit applicant obtains all other necessary state and
local permits;
6. If the applicant seeks to use the right of way in front of
properties contiguous to the restaurant, the applicant
demonstrates that a restaurant is a permitted use for the
contiguous property and the owner of the contiguous
property consents to the issuance of the permit;
7. The permit applicant demonstrates that the use of the right
of way will comply with all ordinances and codes of the city
including but not limited to the structural safety, sanitation
and fire codes;
8. The permit applicant demonstrates that seating in the right of
way will be provided for no more than 20 persons or, if
seating is provided for a greater number that off-street
parking as required by chapter 9 of this code is provided in a
Ordinance - 2
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ratio of no less than one parking space for each 4 seats over
and above 20. This subsection does not apply to
outdoor caf~ permits in the downtown activity zone, as
that term is defined in section 4.871 of this code;
9. The permit applicant demonstrates that the proposed use of
the right of way is not inconsistent with the use for which the
right of way was dedicated to the city.
(b) No outdoor cafe permit shall be issued for premises located within
the downtown activity zone as defined by section 4.871 of this
code except by an activity permit issued pursuant to section 3.341
of this code.
(c) A permit issued pursuant to section 3.341 of this code may be
temporarily suspended if the public interest requires use of the
right of way for a public event, construction, repair, or any other
purpose.
(4) Downtown activity zone. Words and phrases used in this subsection
shall have the meanings ascribed to them in section 4.871 of this code.
(a) Except for participants in a city-sponsored event, no person or
business shall conduct any of the following activities on public
pedestrian areas within the downtown activity zone without first
receiving an activity permit pursuant to section 3.341 of this code:
1. Any commercial pursuit except for personal solicitation,
fund raising activities which do not involve the sale of
goods, and street entertainment.
2. Placing a display or allowing a display in one's charge to
remain.
3. [An '~-'*'~-*o~ .... * ..... * ~ An activity, event, or
performance for which admission is charged, and that
occurs in or upon a specific area of public property
which the coordinator or sponsor desires to reserve for
its exclusive use.
[,~]4. Creating or continuing a noise disturbance.
(b) A permit shall be valid for the period of time specified on the
permit, not to exceed six months, with the exception of a
pushcart permit, which may not exceed one year.
(c) Except for
pucsu~] the sale of written material, distribution of written
material may occur without obtaining an activity permit.
Distribution of written material is allowed provided any person
making the distribution removes all distributed material discarded
or abandoned on any part of the downtown activity zone within
200 feet of each place where the written material was distributed.
Ordinance - 3
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Such removal shall occur every four hours or when distribution
ceases, whichever first occurs. Failure to promptly remove such
material may result in the city performing the removal required of
the distributor and billing and collecting the cost from any person
responsible. Any person or organization which fails to remove
discarded written material distributed by that person or
organization shall have committed a violation of this code.
(d) An owner or person in charge of property or a business located
within the boundaries of the downtown activity zone shall keep
free from litter or other debris those portions of sidewalks that abut
the property or business.
Section 2. The definitions for "Authorized activity," "Commercial pursuits," and
"Display" are amended, a definition for "Admission" is added, and the definitions are
arranged in alphabetical order, to Section 4.871 of the Eugene Code, 1971, as follows:
4.871 Downtown Activity Zone - Definitions. For purposes of sections 4.870 to
4.872 of this chapter, the following words shall have the meanings ascribed
to them by this section:
Admission. A monetary fee charged for the privilege of attending,
observing, or participating in an activity, event, or performance
occurring in or upon public pedestrian areas in the downtown activity
zone. "Admission" includes a monetary fee charged on a fixed basis or
a donation basis. The charging of "admission" prevents those persons
who have not paid the monetary fee from accessing the area in which
the activity, event, or performance is occurring. Where access to the
area is not restricted, "admission" does not include soliciting
donations during an activity, event, or performance.
Authorized activity. Any activity for which a downtown activity permit [may
issue] has been issued or a city-sponsored activity.
City manager. The city manager or the city manager's designee.
City-sponsored event. An activity carried out by a city employee in the
performance of assigned duties or an activity authorized by the city manager
or city council to use the city's name.
Commercial pursuits. Any activity related to or connected with trade,
commerce or fund raising involving the receipt of money or property, such as,
but not limited to: advertising, displaying, distributing, selling, taking orders
or offering to sell or take orders for goods or services; providing a place for
customers to sit; fund raising activities; r,~,,,,~r,o~ .... , ..... , .... ~,~r,~
activities, events, and performances for which admission is charged [~
Ordinance - 4
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, .+;i;+ ...... ; .... + ~,-,,-4 ~o,-,;I;+;,~o.1 activities related to construction or demolition
on abutting private premises.
Display. Visual portrayals or physical objects affixed to or standing upon
public property within the downtown activity zone, including but not limited
to signs, pictures, markers, inscriptions, and objects that are inanimate or
mechanically or electronically animated but which remain stationary in
location.
Downtown activity permit. A permit applied for and issued in accordance
with section 3.341 of this code.
Downtown activity zone. Publicly-owned property and rights-of-way
located within the area bounded by the centerlines of Sixth Avenue, Lincoln
Street, Eleventh Avenue, and High Street, including all public improvements
located therein.
Downtown core. Publicly-owned property and rights-of-way located within
the area bounded by a line that runs from the intersection of 10th Avenue and
Pearl Street, north to 8th Avenue, west on 8th Avenue to Lincoln Street, south
on Lincoln Street to 10th Avenue, east on 10th Avenue to Charnelton Street,
south on Charnelton Street to 11th Avenue, east on 11th Avenue to Willamette
Street, north on Willamette Street to 10th Avenue, and east on 10th Avenue to
Pearl Street, including sidewalks on both sides of the streets and avenues
that define the area and all public improvements located therein.
Fund raising. Actions which directly or indirectly request anything of value
from persons with whom the requestor has not been previously associated
as a family member, friend or companion, and the resulting proceeds are
given to a person, entity or organization other than the person engaged
in the fund raising activity. "Fund raising" does not include personal
solicitation.
Impede. To prevent progress or movement, or to engage in an activity that
would deter a reasonable person from progressing or moving in the area of
the activity.
Interferes with. A person "interferes with" an authorized activity if that
person does one or more of the following:
(a) Enters in or upon and uses an area of the downtown activity zone which
has been reserved for an authorized activity for a purpose other than in
accordance with the authorized
Ordinance - J~
(b) Engages in conduct which imminently threatens to cause or causes a
speaker or performer to cease speaking or performing or threatens to
cause or causes an audience to be unable to hear the speaker or
performer(s);
(c) Except when viewing or participating in an authorized activity, engages
in conduct within 20 feet of an authorized activity which prevents
reasonable people with normal sensitivities participating in the properly
authorized activity from carrying on a normal conversation.
Newspaper dispenser. A box or other vending device that displays, holds
or dispenses newspapers, flyers, brochures, pamphlets, newsletters or other
written materials to the public, with or without requiring payment, and is
intended to remain stationary in location.
Noise disturbance. A noise disturbance which is plainly audible to two or
more persons who are located within a room with all windows and doors to
the outside shut which is in a building open for business and is located within
the boundaries of or is abutting the downtown core. The definitions of
section 4.080(1 ) of this code shall apply to this [subpar4] definition.
Permittee. Includes any person designated as the applicant in the
application for the downtown activity permit and any employee, agent,
representative or volunteer assisting with an authorized activity.
Public pedestrian area. Any public sidewalk, alley, plaza, and park,
excluding public areas under the primary control of entities other than the
city. It also includes public streets during the time streets are closed to
vehicular traffic for a city-sponsored or permitted event.
Street entertain[er]ment.LrTA', ,, ..... ,.,,., .,, ¢,,.,.,.,, ...... ~. ....... ] The conducting of,
presenting, or participating in musical, theatrical, cinematic, choreographic or
athletic performances [to ..... ,4~ ..... ~ ,,,-,, .... ,~o,,, ..... ,,, ~ ........... ]
for which no admission is charged, and no specific area of public
property is reserved for its use.
Written material. Any literature, pamphlet, packaging or similar material
intended to communicate any message through writing.
Section 3. Subsection (1) of Section 4.872 of the Eugene Code is amended by
deleting subsection (e) and re-lettering subsections (f) and (g) to (e) and (f) respectively;
and subsection (2)(g) of Section 4.872 of that Code is amended as follows:
Ordinance - 6
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4.872 Downtown Activity Zone - Prohibited Acts.
(1) Except when approved as part of an authorized activity, the following
acts are prohibited in the public pedestrian areas within the downtown
activity zone:
(a) Interfering with an authorized activity.
(b) Impeding access to any public pedestrian area or to any public or
private building adjacent to the public pedestrian area.
(c) Engaging in a commercial pursuit, except for personal solicitation
and street entertainment.
(d) Placing a display.
([qe) Placing a newspaper dispenser:
1. Within ten feet of ~ street corner;
2. Within one foot of ~ street curD;
Within one foot of, or connected or ~ffJxed Dy ~ny me~ns to,
~ sidewalk fixture, suc~ ~s ~ light pole, Dicycle rock, pl~ter,
bench or art work;
4. Except with the permission of the person Jn charge of the
Duildi~g, Detwee~ t~e central traveled portio~ of t~e ~dj~ce~t
sidewalk ~d ~y window ~Dutti~g ~ puDlic pedestri~ ~re~;
or
5. Withi~ the central traveled portio~ of the sidewalk or i~ ~y
other Ioc~tio~ likely to impede pedestri~ traffic.
([~]~SettJ~g up or operating ~ puDIJc ~ddress system or ot~er ~mplJfJed
sound equipment.
(2) I~ additio~ to the acts prohiDited i~ suDsectio~ (1) of this section, except
w~e~ ~pproved ~s p~rt of ~ ~ut~orized ~ctivity, t~e following ~cts ~re
pro~JDJted J~ t~e puDIJc pedestrJ~ ~re~s J~ t~e dow~tow~ core:
ClJmDJng ~ny tree.
Except for st~J~ys, clJmDJng ~ny structure that Js more th~n six
feet in height on any side.
(c) ClJmDJ~g ~y structure J~ suc~ ~ m~er ~s to create ~ d~ger of
personal i~jury or property damage.
(d) Leaving ~ dog or ot~er ~im~l u~tte~ded, w~et~er leashed or
unleashed.
(e)Cre~tJng or continuing ~ noise dJsturD~nce.
(f) E~teri~g i~to ~ I~dsc~ped pl~ti~g ~re~ or ~cti~g i~ ~ m~er
~rmful to ~y pl~t life, J~cludJ~g w~lkJ~g, lying or sitting J~ ~
I~dsc~ped pl~ti~g ~re~. A "l~dsc~ped pl~ti~g ~re~" is ~y
puDlic ~re~ set ~side for pl~ti~g of trees, shruDs, flowers or other
vegetation, except grass.
(g) Setting up ~y temporary structures or e~closures, i~cludi~g Dut
~ot limited to c~opies, te~ts or t~Dles, or res~ri~ffn~ a~ess ~o
any potion of ~he public pedestrian area so ~ha~ o~her
persons may no~ freely enter such area.
(~) Picking or cutting flowers or ot~er veget~tio~ from I~dsc~ped
pl~tJ~g ~re~s.
(i) Allowing ~ child who is i~ o~e's charge ~d is u~der 12 years old
to violate ~y provJsJo~ of t~Js sectJo~ or of sectJo~ ~.~44.
Ordinance - ?
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(j) Entering or remaining on the Broadway Plaza (as defined in
Resolution No. 4505) portion of the public pedestrian areas
between the hours of 11:00 p.m. of one day and 6:00 a.m. of the
succeeding day, except that moving through the plaza without
stopping is not prohibited. The prohibition of this subsection (j)
may be enforced in the same manner as enforcement of the
adopted Park and Open Space Rules, including issuance of a
notice of restriction of use to violators.
Section 7. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
day of ,2004. __ day of ., 2004.
City Recorder Mayor
Ordinance - g
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