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HomeMy WebLinkAboutOrdinance No. 20303 ORDINANCE NO. 20303 AN ORDINANCE CONCERNING THE DOWNTOWN AREA, AND AMENDING SECTIONS 3.005, 3.344, 4.870, 4.871, 4.872, 4.990, 5.010, AND 5.225, OF THE EUGENE CODE,1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The "Downtown mall" and "Public property" definitions set forth in the Private Commerce on Public Property category of the Licensed Businesses definitions of Section 3.005 of the Eugene Code, 1971, are amended to provide: 3.005 For the purposes of this chapter, the following words and phrases shall mean: LICENSED BUSINESSES Private Commerce on Public Property: Downtown activity zone. As described in section 4.871 of this code. Public property. Sidewalks, streets, alleys, plazas and parks, including improvements thereto. Section 2. Subsection (3)(b) and Subsection (4) of Section 3.344 of the Eugene Code, 1971, are amended to provide: 3.344 Private Commerce on Public Property - Specific Authorized Activities. (3) Outdoor Cafes. (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. Ordinance- 1 (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 and street entertainment. 2. Placing a display or allowing a display in one's charge to remain. 3. An entertainment event. 4. Conducting or participating in the conduct of a meeting that is likely to attract at any one time an assembly of more than 25 persons. 5. 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. (c) Except for distribution of materials constituting a commercial pursuit, 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. 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 3. Sections 4.870, 4.871, and 4.872 of the Eugene Code, 1971, are amended to provide: 4.870 Downtown Activity Zone - Purpose. (]) Eugene's downtown activity zone has been developed to renew, preserve, and enhance the economic and aesthetic value of the city's central business district and to provide facilities conducive to a harmonious blend of civic, social, cultural, residential, and economic pursuits. Streets, sidewalks and public areas are designed and constructed in a manner to encourage pedestrian oriented activities, including economic and commercial activities, and to provide a pleasant Ordinance - 2 4.871 (2) place for civic and cultural events, a public market, and an urban park. One significant purpose of the downtown activity zone is to enhance the economic vitality of adjacent property. For that reason, the former downtown mall has been reopened to vehicular traffic, and a larger area has been defined. This area is intended to encourage private investment in the downtown area and to enhance the value of such investments by encouraging pedestrians to come to the area. The multiple uses of the public pedestrian areas in the downtown activity zone are to be accommodated by reserving different areas (1) as visual amenities designed for everyone's enjoyment, (2) for pedestrian uses, (3) for use by abutting merchants, (4) for uses by other commercial pursuits and (5) for public events. When compatible, such uses may also occupy the same areas of the downtown activity zone. Within the downtown activity zone, a core area has been identified as requiring additional regulation. This core area includes a concentration of public facilities (including urban parks and plazas, a transit station and a new public library) as well as the area where the former downtown mall was located. It has traditionally received a high demand for multiple public uses, and that demand is expected to continue and increase in the future. Because of recent changes to the area, this downtown core area requires greater protection to preserve and enhance its unique qualities and uses, and additional duties and responsibilities are therefore required of permittees and owners of property located within the boundaries of the area including, but not limited to, those set forth in section 3.344(4). 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: Authorized activity. Any activity for which a downtown activity permit may issue 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; entertainment events where admission is charged or donations are directly or indirectly solicited; inspections or maintenance of utility equipment and facilities; activities related to construction or demolition on abutting private premises. Ordinance - 3 Display. Visual portrayals or physical objects affixed to or standing 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. Entertainment events. The conducting, presenting, participating in musical, theatrical, cinematic, choreographic or athletic performances which is likely to attract an audience of twenty-five or more persons or which uses four or more performers. 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. "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 use; (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. 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. Newspaper dispenser. A box or other vending device that displays, holds or dispenses newspapers, flyers, brochures, pamphlets, newsletters or other Ordinance - 4 4.872 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 subpart. 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 entertainer. Three or fewer persons conducting, presenting, participating in musical, theatrical, cinematic, choreographic or athletic performances to an audience of not more than twenty-four persons. Written material. Any literature, pamphlet, packaging or similar material intended to communicate any message through writing. ¢) Downtown Activity Zone - Prohibited Acts. 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. (e) Except as provided in section 3.344(4)(c), conducting or participating in the conduct of any activity which is likely to attract at any one time an assembly of over 25 people. (f) Placing a newspaper dispenser: 1. Within ten feet of a street corner; 2. Within one foot of a street curb; 3. Within one foot of, or connected or affixed by any means to, a sidewalk fixture, such as a light pole, bicycle rack, planter, bench or art work; 4. Except with the permission of the person in charge of the building, between the central traveled portion of the adjacent sidewalk and any window abutting a public pedestrian area; or 5. Within the central traveled portion of the sidewalk or in any other location likely to impede pedestrian traffic. (g) Setting up or operating a public address system or other amplified sound equipment. Ordinance - 5 (2) In addition to the acts prohibited in subsection (1) of this section, except when approved as part of an authorized activity, the following acts are prohibited in the public pedestrian areas in the downtown core: (a) Climbing anytree. (b) Except for stairways, climbing any structure that is more than six feet in height on any side. (c) Climbing any structure in such a manner as to create a danger of personal injury or property damage. (d) Leaving a dog or other animal unattended, whether leashed or unleashed. (e) Creating or continuing a noise disturbance. (f) Entering into a landscaped planting area or acting in a manner harmful to any plant life, including walking, lying or sitting in a landscaped planting area. A "landscaped planting area" is any public area set aside for planting of trees, shrubs, flowers or other vegetation, except grass. (g) Setting up any temporary structures or enclosures, including but not limited to canopies, tents or tables. (h) Picking or cutting flowers or other vegetation from landscaped planting areas. (i) Allowing a child who is in one's charge and is under 12 years old to violate any provision of this section or of section 3.344. (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 4. Subsections (3) and (4) of Section 4.990 of the Eugene Code, 1971, are amended to provide: 4.990 Penalties - Specific. (3) (4) Violation of section 4.872 and any regulations adopted under that section, except willful violations as defined in subsection (4), is punishable by fine not to exceed $500. The willful violation of section 4.872 and any regulations adopted under that section or the willful violation of any other section of this chapter punishable by fine only while in the downtown activity zone as defined in section 4.871 is punishable by a fine not to exceed $1,000 or confinement in jail not to exceed one year, or both fine and imprisonment. A willful violation of section 4.872 or the regulations adopted thereto shall mean engaging in the same prohibited conduct after either receipt of a written notice of the violation as described in those regulations or receipt of a misdemeanant citation from a police officer. Ordinance - 6 Section 5. The definition of "Mall or Downtown Mall" set forth in Section 5.010 of the Eugene Code, 1971, is deleted. Section 6. Subsection (2)of Section 5.225 of the Eugene Code, 1971, is amended by deleting Subparagraph (g) and relettering Subparagraphs (h), (i), (j), and (k) to (g), (h), (i), and (j). 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 24th day of November, 2003 ~/~ ~t ~)~lty Recorder Approved by the Mayor this 24th day of November, 2003 Ordinance - ?