HomeMy WebLinkAboutOrdinance No. 20504COUNCIL ORDINANCE NUMBER 20604
COUNCIL BILL 5081
AN ORDINANCE CONCERNING UNRULY GATHERINGS; ADDING SECTIONS
4.670 AND 4.672 TO THE EUGENE CODE, 1971; REPEALING SECTION 4.775 OF
THAT CODE; AND AMENDING SECTIONS 4.990 AND 4.996 OF THAT CODE
ADOPTED: January 28, 2013
SIGNED: January 30, 2013
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: March 2, 2013
ORDINANCE NO. 20504
AN ORDINANCE CONCERNING UNRULY GATHERINGS; ADDING
SECTIONS 4.670 AND 4.672 TO THE EUGENE CODE, 1971; REPEALING
SECTION 4.775 OF THAT CODE; AND AMENDING SECTIONS 4.990 AND
4.996 OF THAT CODE.
The City Council of the City of Eugene finds as follows:
A. Unruly gatherings, often involving loud noise and unlawful consumption of alcohol
by minors, foster a range of criminal conduct. Some of the typical offenses include obstruction
of public streets, assault, menacing, harassment, disorderly conduct, and criminal mischief.
Unruly gatherings and associated criminal behavior disturb the peace of nearby residents, pose
a danger to persons attending the gathering and to other persons in the vicinity, detract from the
livability of the neighborhood, and reduce the value of nearby properties.
B. Property owners, by themselves or through their agents, have the ability to prevent
unruly gatherings and to deter recurrences. Although they may not themselves commit any of
the offenses at issue, owners should be held responsible, not only if they organize, host, or
facilitate unruly gatherings, but also if they allow or tolerate those offenses on property that they
control as owner.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . Sections 4.670 and 4.672 of the Eugene Code, 1971, are added to provide as
follows:
Morals and Public Conduct
4.670 Unruly Gatherings - Definitions As used in sections 4.672, 4.990(1), and
4.996(5) and (6) of this code, the following words and phrases mean:
Alcoholic liquor. An alcoholic beverage containing more than one -half of one
percent of alcohol by volume.
Host. To invite or to receive persons to a social gathering on property of which one
has control as owner, lessee, tenant or licensee.
Organize. To encourage attendance (at an unruly gathering).
Response costs. The costs associated with responses by law enforcement, fire
and other emergency response providers to unruly gatherings, including but not
limited to:
(a) Salaries and benefits of law enforcement, fire or other emergency response
personnel for the amount of time spent responding to, remaining at, or
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otherwise dealing with unruly gatherings, and the administrative costs
attributable to such response(s);
(b) The cost of any medical treatment to or for any law enforcement, fire or other
emergency response personnel injured while responding to, remaining at or
leaving the scene of an unruly gathering.
(c) The cost of repairing any city equipment or property damaged, and the cost of
the use of any such equipment, in responding to, remaining at or leaving the
scene of an unruly gathering.
Juvenile. Any person under eighteen years of age
Minor. Any person under twenty -one years of age.
Unruly gathering. A party or gathering where alcohol is served or consumed, and
where any two or more of the following behaviors occur on the property where the
gathering takes place or on adjacent property:
(a) Any violation of state or city of Eugene laws relating to the sale, service,
possession or consumption of alcoholic liquor;
(b) Assault, as defined in section 4.729 of this code;
(c) Menacing, as defined in section 4.730 of this code;
(d) Harassment, as defined in section 4.726 of this code;
(e) Intimidation, as defined in section 4.731 of this code;
(f) Disorderly conduct, as defined in section 4.725 of this code;
(g) Noise disturbance, as defined in sections 4.080 — 4.084 of this code;
(h) Criminal mischief, as defined in sections 4.780 and 4.782 of this code;
(i) Public urination or defecation, as defined in section 4.770 of this code; and
Q) Littering, as defined in section 6.805 of this code, by a person who attended
the party or gathering.
Owner. The person or entity listed as the owner in the Lane County property tax
records.
Property.
(a) Any dwelling unit or group of dwelling units at a single street number address,
including but not limited to a house, duplex, triplex, apartment(s),
condominium(s) or other structure(s) with one or more dwelling units, hotel or
motel room(s);
(b) A hall, meeting room or other structure that serves as a gathering place;
(c) Any private real property adjacent to, and under the same ownership as, the
location of a structure described in section (a) or (b) of this definition;
(d) Public right -of -way.
"Property" does not include a restaurant, bar or tavern.
Twelve -month period. The twelve months immediately preceding the most recent
citation.
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4.672 Unrulv Gatherinas — Provisions.
(1) No person shall organize or host an unruly gathering if the person knows or
reasonably should know that it is an unruly gathering.
(2) It is an affirmative defense to a citation issued for a violation of subsection (1)
of this section that the person who organized or hosted an unruly gathering
contacted the police as soon as any of the violations or offenses listed in the
definition of "unruly gathering" occurred.
(3) A person who violates subsection (1) of this section shall be subject to a fine
prescribed by subsection (1) of section 4.990 of this code. In addition, a
person who is convicted of violating subsection (1) of this section for a second
time, and for any additional time, within a twelve -month period shall pay an
administrative civil penalty in the amount of response costs, regardless of
whether the offense occurred at the same or a different property, as provided
in subsection (5) of section 4.996 of this code.
(4) If an unruly gathering occurs at the same private property more than three
times in a twelve -month period, the owner of the property shall be liable for
response costs for the fourth and any subsequent occurrence that occurs
within a twelve -month period of three other occurrences at the same property.
(5) After an unruly gathering occurs at a private property, and after any future
occurrence of an unruly gathering at the same property, city staff will notify the
owner(s) of the property. The notice shall include a copy of this ordinance and
a description of the owner's potential liability for response costs under
subsection (4) of this section.
(6) If a juvenile violates subsection (1) of this section or is the owner of the
property and the juvenile is or, but for the juvenile's age would be, responsible
for payment of response costs under this section, the person's parent(s) or
legal guardian(s) are responsible for response costs.
(7) Financial liability under this section is joint and several.
( Appeals
(a) If a civil penalty is imposed upon a property owner as provided in
subsection (4) of this section and subsection (6) of section 4.996 of this
code, the property owner or owner's agent may appeal the
determination that a violation occurred or amount of the penalty to the
city manager in accordance with section 2.021 of this code.
(b) In an appeal under this section, when determining to what extent, if any,
the owner should be responsible for response costs, the city manager
shall consider evidence of the following actions on the part of the
property owner to prevent or abate the nuisance, even if unsuccessful:
1. On the first occurrence of an unruly gathering, the owner or
owner's agent issued a written warning to the residents of the
dwelling unit where the unruly gathering occurred that future
violations may result in initiation of eviction proceedings.
2. On the second occurrence of an unruly gathering at the same
dwelling unit, the owner or owner's agent issued a written notice
that termination of the rental agreement will be initiated for the
tenant(s) responsible for any future unruly gatherings.
3. On the third occurrence of an unruly gathering at the same
dwelling unit, the owner or owner's agent initiated eviction
proceedings against the tenant(s) responsible for the unruly
gathering.
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4. Prior to the fourth occurrence of an unruly gathering, new tenants
replaced those who committed the previous violations, and the
owner or owner's agent implemented reasonable precautions to
deter or prevent any additional unruly gatherings.
(c) In an appeal by an owner of property where ten or more dwelling units
are located, if no more than two of the violations occurred at the same
dwelling unit, the city manager shall consider, in addition to the factors
listed in subsection (8)(b) of this section, whether the owner or owner's
agent implemented other measures to prevent or discourage unruly
gatherings. Such measures may include, but are not limited to,
employing a resident manager, providing a local agent who is
accessible to tenants at all times for emergencies, hiring on -sire
security, and including behavioral standards in the rental agreement.
Section 2 . Section 4.775 of the Eugene Code, 1971, is repealed.
Section 3 . Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by
adding the following entry in numerical order to the list of penalties as follows:
4.990 Penalties - Soecific
(1) Violation of the following sections is punishable by fine or confinement in jail,
or both, up to the amounts indicated opposite each. In addition, the court may
order any treatment, related to the violation, deemed necessary for
rehabilitation of the offender and the safety of the community.
Section Penalty
4.672(1) Fine not to exceed $1,000, or community service as
determined by the court (which may include
restorative justice), or both.
Section 4 . Subsections (5) and (6) of Section 4.996 of the Eugene Code, 1971, are
added to provide as follows:
4.996 Administrative Civil Penalt
(5) Second and subsequent violations of subsection (1) of section 4.672 of this
code within a twelve -month period are subject to the imposition of response
costs as defined in section 4.670 of this code.
(6) Upon fourth and any subsequent violation of subsection (1) of section 4.672 of
this code within a twelve -month period, at a property as defined in section
4.670 of this code, the owner of the property is subject to the imposition of
response costs as defined in section 4.670 of this code.
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Section S . The City Recorder, at the request of, or with the consent 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
28 day of January, 2013
CiIUj Recorder
Approved by the Mayor this
30th day of January, 2013
ayor
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