Loading...
HomeMy WebLinkAboutAdmin Order 53-26-04 -- Proposing Atrium Building RulesAdministrative Order Page 1 of 5 ADMINISTRATIVE ORDER NO. 53-26-04 of the City Manager of the City of Eugene REGARDING THE OPPORTUNITY TO COMMENT ON A PROPOSAL TO ADOPT ATRIUM BUILDING RULES. The City Manager of the City of Eugene finds that: A. Chapter IV, Section 16 of the Eugene Charter designates the City Manager as the administrative head of the City. Section 2.019 of the Eugene Code, 1971 (EC), authorizes the City Manager or designee to adopt rules for implementation of any provisions of the Eugene Code, 1971. B. The City of Eugene owns the real property located at 99 W 10th Avenue, Eugene Oregon, 97401 (Assessor’s Map 17-03-31-13, Tax Lot 02600), known as the Atrium Building. C. The Atrium Building houses City offices, which are not open to the general public, leased tenant spaces, which are not open to the general public, the lobby/atrium area of the first floor of the building, which is open to the general public during specific hours, and other offices and meeting spaces that may be open to the general public during certain times. To ensure the public’s safety, the safety of City staff and building tenants, and to protect the continuity of public business, it is necessary to prohibit certain conduct within the Atrium Building. THEREFORE, I propose that Atrium Building Rules be adopted as set forth below, and I order that a Notice of the intended Rules substantially conforming to the Notice attached as Exhibit B to this Order, shall be: 1. Made available to any person who has requested such notice; 2. Made available to any business which possesses a license issued pursuant to this Rule; and 3. Published in the Register Guard Newspaper for at least five days. PROPOSED ATRIUM BUILDING RULES 1.000 Atrium Building and Premises The rules set forth in these Atrium Building Rules apply to the Atrium Building and premises, as shown on Exhibit A to this Administrative Order (hereinafter referred to as “the Atrium Building”). Administrative Order Page 2 of 5 1.005 Atrium Building Business Hours The hours of business for the Atrium Building are Monday through Friday from 9:00 a.m. until 4:00 p.m. 1.020 Prohibited Conduct In addition to any act that constitutes a violation of federal or state law or the Eugene Code, 1971, the following prohibitions apply at the Atrium Building: (1) No person shall attempt to thwart, fail to comply with, or refuse to submit to Atrium Building security measures, including but not limited to screening measures intended to detect persons carrying weapons. (2) (a) No person shall bring in the Atrium Building items which, when displayed, would be perceived by a reasonable person to be a potential weapon. Such items include, but are not limited to: machetes, knives, swords, box-cutters, and clubs. (b) Notwithstanding subsection (a), and consistent with the City of Eugene Administrative Policy Manual, City staff may bring pepper mace into the Atrium Building. (3) No person shall engage in disruptive behavior. As used herein, “disruptive behavior” includes, but is not limited to, behavior that: (1) interferes with the use of the Atrium Building by other patrons; (2) interferes with or hinders City staff or Atrium Building tenants in the performance of their duties; or (3) is inconsistent with the purpose and intent of the Atrium Building, including, but not limited to, bathing, shaving, washing hair, changing clothes, or preparing meals in the Atrium Building bathrooms, and using any portion of the Atrium Building for living accommodation purposes. (4) No person shall enter the Atrium Building unless wearing a shirt, a bottom garment (e.g., pants, shorts, skirt) and shoes, and no person shall remove such attire once inside the Atrium Building. (5) No person, except authorized City staff or Atrium Building tenants, or persons specifically authorized or escorted by City staff or Atrium Building tenants, shall enter areas of the Atrium Building that are: (1) posted for use by City staff and/or Atrium Building tenants only; (2) posted as an area closed to the public; or, (3) prox-card access only. (6) No person shall fail to comply with posted signs, including but not limited to signs establishing time limits for the use of certain areas. (7) No person shall leave unattended personal property, such as backpacks, bags, suitcases or purses. (8) No person shall personally distribute promotional materials, pamphlets, or other written communications inside the Atrium Building. No person shall picket or solicit signatures for an initiative or referendum petition inside the Atrium Building. All such Administrative Order Page 3 of 5 activities shall occur outside the Atrium Building in a manner and at a place that does not block ingress to or egress from the Atrium Building or circulation of motor vehicles in the adjacent streets or alleys. (9) No person shall possess a weapon in the Atrium Building as provided in Sections 4.885 through 4.895 of the Eugene Code, 1971. (10) No person shall remain in the Atrium Building or fail to comply with a request to leave the Atrium Building, at a time that the Atrium Building is closed to the public. (11) No person shall sell, distribute or consume any alcoholic beverage, or possess any open container of an alcoholic beverage, in the Atrium Building, except as allowed at Atrium-approved events. No person shall be under the influence of any controlled substance as defined in ORS 475.005 or any intoxicating liquor at the Atrium Building. (12) No person shall smoke or use any tobacco products or electronic cigarettes within the Atrium Building. (13) No person, unless contracted with the City to do so, shall solicit, sell, offer for sale, peddle, or advertise any goods or services at the Atrium Building. (14) No person shall use or occupy a conference room without a reservation or the express permission of Atrium Building staff. (15) No person shall use Atrium Building equipment, furniture, or fixtures in a manner inconsistent with the customary use thereof, in a destructive, abusive or damaging manner, or in a manner that could result in personal injury or injury to others. (16) No person shall use skateboards, roller blades, roller skates, scooters, wheeled shoes with wheels protruding, or other similar wheeled apparatus in the Atrium Building. Bicycles are not permitted in the Atrium Building, except in designated bicycle parking areas. (17) No person shall engage in any activity or conduct within the Atrium Building that is prohibited by these Rules, state statute, the Eugene Code, 1971, or posted signs. 1.030 Enforcement (1) Enforcement by Authorized City Staff. In addition to the enforcement authority set out in subsections (2) and (3) of this section 1.030, if a person is in violation of these rules, City staff tasked with managing the day-to-day operations of the Atrium Building may direct the person to either cease their behavior or leave the Atrium Building and that failure to comply with the direction will result in law enforcement being called. (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 Administrative Order Page 4 of 5 citation in lieu of arrest. (b) A police officer may also take a person into custody or issue a misdemeanant citation for trespass to a person if the officer is contacted and advised by authorized City personnel or other person in lawful charge of premises that the person: 1. Has failed to comply with a request by authorized City personnel or other person in lawful charge of the premises to leave the Atrium Building; or 2. Is in violation of a previously issued Notice of Restriction of Use issued pursuant to subsection (3) of this section which excludes the violator from the Atrium Building. (3) Notice of Restriction of Use. (a) A police officer may, in their discretion, also issue a Notice of Restriction of Use to any person being arrested or cited for any violation of the Rules or for conduct that occurred in the Atrium Building that violates the Eugene Code or state or federal law. A Notice of Restriction of Use prohibits its recipient from future use of the Atrium Building for a specific period of time. Violation of a Notice of Restriction of Use will constitute trespassing and further legal action will be taken accordingly. Generally, the length of time that future use is restricted shall be based on the person’s prior history, if any, of receiving Notice(s) of Restriction of Use. The following guidelines apply unless the police officer determines that the conduct giving rise to the Notice of Restriction of Use warrants a different restriction period: 1 month for a first Notice, 3 months for a second Notice, 6 months for a third Notice, or 12 months for four or more Notices, within a 12-month period. (b) A Notice of Restriction of Use shall set forth the reason(s) therefore. The Notice shall state the specific time period to which the restriction. If a person is restricted for a period exceeding the guidelines in subsection (2)(a) the Notice shall set forth the basis for the broader restriction. (c) A Notice of Restriction of Use shall contain a statement advising of the right to request a hearing in the manner set forth in Section 1.040 of these Rules and explaining that the restriction is stayed upon filing a request for a hearing. (d) Nothing in this Section shall be construed to authorize the issuance of a Notice of Restriction of Use to any person lawfully exercising free speech rights or other rights protected by the state or federal constitution. However, a person engaged in such protected activity who also commits acts that are not protected and that violate applicable provisions of law, may be issued a Notice of Restriction of Use for that unlawful conduct as provided in this Section. 1.040 Hearing and Appeal Procedure (1) Any person who has received a Notice of Restriction of Use issued pursuant to Rule 1.030(2) that restricts their future use of the Atrium Building may request an informal hearing to contest the Notice of Restriction of Use. (2) The request for an informal hearing must be made within 48 hours ( exclusive of weekends) of receipt of the Notice and must be made either: (1) in writing at the location indicated on the Notice or the email address on the Notice; or, (2) by calling the phone number provided on the Notice and either speaking to City staff or leaving a message with the case number and contact information. (3) Designated City staff shall schedule a time and place for the informal hearing to be conducted, which shall be not more than seven days from the receipt of the request for hearing. If the person that requested the informal hearing fails to appear at the scheduled informal hearing, the Notice of Restriction of Use is final and in effect and cannot be appealed to Municipal Court pursuant to subsection (6). (4) At the informal hearing the following people may provide testimony: the police officer and any other City personnel involved in the incident that resulted in the Notice ; the person requesting the hearing ; and any other witnesses to the incident. Anyone may be excluded from the informal hearing , other than the person that requested the hearing. (5) A written decision affirming , modifying , or canceling the Notice of Restriction of Use shall be issued within five days of the informal hearing. The decision shall be delivered or mailed to the person that requested the hearing on the date issued. (6) The written decision shall be final unless the person that is subject to the decision appeals the decision to Municipal Court within fourteen days from the date of the written decision. The Municipal Judge may affirm , modify, or reverse the written decision. 1.050 Penalties Violation of any provision of these Atrium Building Rules adopted under Section 2 .019 of the Eugene Code, 1971, is punishable by a fine not to exceed $500 or confinement in jail not to exceed 30 days , or both such fine and imprisonment. (Subsection 2.1990(2), Eugene Code, 1971 ). Dated and effective this 2 8 KO ~ 7T MR Administrative Order Page 5 of 5 day of August, 2026. Jennifer D. Haruyama City Manager SUILDINe 4 PERMIT SERVICES Cl 103 etJILDI G 4 PERMIT SERVICES IOI t!l RECEPTION B ATRIUM ------------------------------- Exhibit A North 10'-0" Scale --,..r- ----Boundary of Atrium Building ________________________________________________________________________________________ West Broadway Alley Olive Street_____________________________________________________________________________________________Willamette Alley________________________________________________________________________________________________________________________________________________________________________________________10th Avenue Exhibit B to Administrative Order No. 53-26-04 Notice - Page 1 of 1 NOTICE OF OPPORTUNITY TO COMMENT ON PROPOSED ADOPTION OF ATRIUM BUILDING RULES. Pursuant to Section 2.019 of the Eugene Code, 1971, the City Manager is proposing to adopt Atrium Building Rules. The Rules are necessary in order to ensure the public’s safety, the safety of City staff and building tenants, and to protect the continuity of public business. The proposed Rules may be reviewed at 99 W 10th Avenue, Eugene, Oregon, between 9 a.m. and 4 p.m. or on the City of Eugene’s website at https://www.eugene-or.gov/520/Administrative- Order. Comments on the proposed Rules should be submitted in writing to Kris Olson, Building and Permit Services Director, 99 W 10 Avenue, Eugene, Oregon, 97401, or via e-mail to KOlson@eugene-or.gov. To be considered, written and e-mail comments must be received within 15 days of the first date of publication as indicated below. If the City Manager chooses to take action after considering the comments received, the proposed or modified rule will be adopted by administrative order. Jennifer D. Haruyama, City Manager Dates of Publication: September 2, 3, 4, 8, 9, 2026.