Guidelines for Permitted Use of the Sidewalk
in the Downtown Activity Zone (“DAZ”)
A downtown business adjacent to a sidewalk within the DAZ can obtain a permit to use the
sidewalk for the following purposes:
• Signs. Placing a sign that is no larger than nine square feet in total area on any side.
• Café Seating. Placing café seating parallel to the restaurant’s storefront.
• Merchandise Displays. Placing merchandise for display or sale that is of the same type
sold in the abutting store.
A permit issued to a downtown business for one of the above-three listed activities:
• Is a grant of permission to the business owner to place authorized items related to the
adjacent business in the portion of the sidewalk identified in the permit.
• If a café seating permit, is permission to limit use of the café seating to customers.
• Is applicable only to the portion of the sidewalk physically taken up by the items
authorized in the permit, but does not include a minimum five-foot pedestrian pathway.
• Is a DAZ permit authorizing a specific activity with which a person cannot interfere. Use
of an area that has been reserved through issuance of a DAZ permit for a purpose other
than in accordance with the authorized use interferes with the permitted activity and is a
violation of EC 4.872.
• Is not a lease granting the abutting business owner exclusive use of the sidewalk
surrounding the business.
• Is not the only means of making downtown businesses customer-friendly.
o EC 4.872 prohibits people from:
Impeding access to any public pedestrian area or to any public or private
building adjacent to the public pedestrian area.
Leaving a dog or other animal unattended, whether leashed or unleased.
Entering in a landscaped planting area or acting in a manner harmful to
any plant life, including walking, lying or sitting in a landscaped area.
Setting up any temporary structure or enclosure, including but not limited
to canopies, tents or tables, or restricting access to any portion of the
public pedestrian area so that others may not freely enter such area.
o EC 4.707(1) prohibits people from blocking or interfering with, or attempting to
block or interfere with, any person along a public sidewalk by any means,
including but not limited to standing on that part of the sidewalk used for
pedestrian travel or placing any object or vehicle in such an area, with the intent
to interfere with free passage.
Category Archives: News
SLEEPS Protest Camp
Another Oregon winter has begun and it has been severely cold, windy, and wet already. Again, thousands of our unhoused citizens face another New Year with their basic human rights being violated by Eugene’s laws against sleeping. With tents erected illegally in a refugee camp fashion, the words “Please let us sleep” say it all. Forcing people from one place to another when they honestly have no where to go and no choice but to sleep, is a waste of city resources and anyone that agrees can email here. You can also go to a meeting and let your voice be heard. See local meetings for dates and times.
Nightingale Public Advocacy Collective supports SLEEPS efforts by donating a port-a-potty for the site and paying for it to be moved each time they are forced from a location. SLEEPS would be extremely grateful for any volunteer help or donations. The following is a list of their needs:
* Tarps, tents, pallets
* Rope, bungees or even old panty hose
* Laundry drying racks, anyone who can do a load of laundry and visiting the camps.
* Money is also nice for laundry and dump fees.
* No canned food or clothing except coats and shoes.
* Please bring ready to eat food that doesn’t need plates or utensils.
Nightingale Health Sanctuary Opens New Rest Stop
On Monday, Dec. 8, the Eugene City Council approved Nightingale Health Sanctuary’s plan to operate a self-governed, village-style community on county land near the Lane County Behavioral Health building through April 2015.
Nightingale welcomes new volunteers with skills in communication, construction, fundraising, health and wellness, and more. We need people to take the trash to the dump and to write grants. If you want to help, volunteer here or contact us at nightingalehealthsanctuary@gmail.com
If you would like to help with a financial contribution, you can donate here .Thanks to everyone who has offered to help and also many thanks to all our allies who have helped us get this far.The two new rest stops will focus on health and wellness and will be accessible and inclusive. Both able-bodied people and those with disabilities will be welcome and able to camp there. NHS plans to maintain a balance so that campers who need assistance can find it among the other campers.
Nightingale Health Sanctuary (NHS) is happy to have the opportunity to run a temporary double rest stop for up to 30 people on county land. Steering committee members and others close to the project express their appreciation to both the city and the county for partnering to make this property available to Nightingale.
Members of the NHS steering committee, while eager to get started with the new rest stops, want to remind the people that an additional 30 places to sleep for the unsheltered still leaves many hundreds of Lane County residents out in the cold on winter nights and that there is still a huge amount of work to do to make Eugene “the Human Rights City” it strives to be.
Whoville – Update
Whoville continues their protest camp at 6th and MIll in Eugene despite being ticketed on 11//24 and 11/26 for violating the City camping ban. So we’re wondering, what’s up EPD with all the tickets? Is Whoville too safe, too peaceful, too clean, too sanitary? To learn more about Whoville and how you can help, go to http://respectexistence.org/
Nightingale to Establish New Rest Stop
FINALLY – Lane County and the City of Eugene are working with Nightingale Health Sanctuary to establish a new rest stop on County land. The details are still being worked out, but it seems clear that the urgency of winter and the persistence of activists is pushing everyone to come up with solutions. Read this great article about the project in the Eugene Weekly County Steps Up
OE Endorses Petition to the City Council – Modify the Camping Ban
Petition to the City Council to Modify the Camping Ban
We, the undersigned are here to petition the City Councilors to modify the camping ban. Winter is coming and for the unsheltered it is a particularly difficult season that brings colds, flu, pneumonia, and exposure to the elements that can lead to frostbite and sometimes even amputations of toes and fingers. Amputations in turn lead to loss of balance and difficulty surviving on the streets.
We urge the city councilors to hold a work session in the next week or two. Fall is already here and winter is rapidly approaching. Since last year, the city and county have made some progress in housing veterans under the HUD voucher system. The city has also provided land for a transitional microhousing village and for two rest stops, with a possible addition of a third this December. However these three city-approved provide additional housing for approximately 60 individuals (75 with the possible addition of the 3rd rest stop).
Meanwhile, the Mission is full to capacity and does not accept individuals with addiction issues or those dependent on someone of the opposite sex for care. Car camping under St. Vinnie’s for the most part occurs on church or other private land and is limited to one to six individuals per site. Of the 3,000 unhoused individuals estimated by city officials, the vast majority are unsheltered or are self-sheltered on public land, which under city ordinance is illegal. Individuals self-sheltering on public or private land are frequently awakened and arrested. They lose their possessions if they are found sleeping on property signed “No Trespassing” because trespass charges may result in immediate arrest and loss of personal belongings.
Depriving fellow human beings of the possibility to shelter themselves when no adequate housing is available is a violation of their human rights.
While there is no doubt that the Lane County Poverty and Homelessness Board is doing its best to bring the treatment of the unhoused in line with Article 25 (1) of the Universal Declaration of Human Rights, which established housing as a human right, the reality is that a large number of Eugene’s residents not only don’t have housing, they are prohibited from seeking self shelter on public lands.
See City of Eugene Municipal Code : Section 4.815 – Prohibited Camping.
However, there are provisions in the Prohibited Camping ordinance that give the City Council the discretion to lift the camping ban for a designated period of time and in designated locations. Historically, the City Council has modified the camping ban on various occasions to alleviate homelessness. As far back as 1947, permission was granted for veterans to camp on public land in Eugene. The most recent accommodation was made in 2013 establishing legal rest stops and Opportunity Village Eugene.
While we are waiting for the Lane County Poverty and Homelessness Board to find solutions to the existing shortage of affordable housing, we request that the City Councilors hold a work session and look for a way to modify the camping and trespass ordinances, allowing for self-sheltering and designating additional land for rest stops.
Nightingale Health Sanctuary, a relatively new group organized for the purpose of establishing and operating a self-governed village-style community focused on health and wellness, is currently working with the city to set up a winter camp, and has proposed several potential locations. Additional unused public land, such as undeveloped parkland and city parking lots, need to be designated for self-managed camps for individuals who need shelter.
There is simply no time to waste. Let’s work together with advocates, representatives of the unhoused, the mayor, and city manager to designate locations where people in need of shelter can camp unmolested. To alleviate health and sanitation concerns, the City would need to provide funding for port-a-potties, hand washing stations and trash pick up at these locations. These “amenities” would cost the city considerably less than enforcement of no camping and trespass ordinances, and clean up following evictions. It will alleviate to some degree the precarious situation of the unhoused for the winter season. And it will reduce the various health hazards associated with rousting campers from various locations, as was carried out en masse this spring and summer without offering the displaced individuals safe and legal shelter.
Endorsements:
Amigos Multicultural Services Center
Community Alliance of Lane County
Human Rights Commission Homelessness Work Group
Houseless Solutions Support Committee
Nightingale Health Sanctuary
Occupy Eugene
Appendix
City of Eugene Municipal Code :
Section 4.815 – Prohibited Camping
(1) As used in this section:
(a) “To camp” means to set up or to remain in or at a campsite.
(b) “Campsite” means any place where any bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
[(2)]…
(3) No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the Mayor in emergency circumstances.
(4) Upon finding it to be in the public interest and consistent with council goals and policies, the council may, by motion, exempt a special event from the prohibitions of this section. The motion shall specify the period of time and location covered by the exemption.
(Section 4.815 amended by Ordinance No. 19163, enacted July 11, 1983; and Ordinance 20062, enacted September 16, 1996, effective October 16, 1996).
From an Occupier to Mayor Piercy: A Request for Sanctuary
I have been asked by the Whoville Refuge Site to formally request that you offer them sanctuary as political refugees. I wish to argue that their rights, under both the U.S. Constitution and international law have been systematically violated. I further wish to argue that it is your responsibility as the Mayor of a Human Rights City to offer them sanctuary in order to remedy this situation.
I am sure you are familiar with the concept of “sanctuary”. During the Central American War of the 1980s networks of churches in America offered sanctuary to refugees from El Salvador and other countries victimized by an illegal war conducted by the U.S. government.
Municipalities have also acted as sanctuaries. When the Iraq was began in 1990 the city of San Francisco acted as a sanctuary to soldiers who refused to fight for reasons of conscience. More recently, San Francisco declared itself a sanctuary for undocumented workers. This is an apt parallel. Like the unhoused, undocumented workers have had their rights illegally and systematically violated by the American government at many levels. There is apt precedent for a city to act as a sanctuary.
As you know, the city of Eugene has systematically violated the rights of the unhoused by criminalizing homelessness through a series of patterns and practices. The task force you formed in 2012 asked that laws criminalizing homelessness be examined and modified. Instead, your city has escalated this practice. A letter to the city council from Eric Tars and the National Law Center on Homelessness and Poverty dated 14 July 2014 has outlined these practices and explained why they were on dubious grounds owing to the U. S. Constitution and international law.
Once more, rather than a reexamination of your city’s patterns and practices, we have seen an escalation. Just this weekend, police, in contact with the refugees of Whoville, have claimed that the City Attorney has told them they no longer have to give 24 hours notice to people seeking shelter on public property, despite district court decisions to the contrary. The police have also threatened to confiscate the tents of people as “evidence” for illegal camping. Again, they said they were acting under instruction from the City Attorney. In the Winter months, for police to do so is tantamount to giving a death penalty for a second degree misdemeanor, which seems to constitute cruel and unusual punishment.
As you know, in the past year two United Nations Human Rights commissions have denounced the United States for its policy of criminalization. I should also like to point out that United Nation Commission on Torture has also taken up the issue of criminalization, and is consider whether many of the practices that Eugene, along with other cities, employs constitute torture..
In the three years since Eugene proclaimed itself to be a Human Right’s city, much progress has been made. For example, the city has acquired the internet domain name www.humanrightscity.com. Eugene would not be taking such a visible profile on the issue of human rights if it was not willing to take action, and to have its actions held up to scrutiny. To offer protection to victims of systematic institutional violence is the logical next step. If you wish to meet with the refugees, this can be arranged.
Thank you for your attention and consideration. I am,
very sincerely,
Art
Since When Do They Rent Our Sidewalks?
Apparently this is the City of Eugene Administration’s latest foray in their quest to rid our downtown of “undesirables,” aka people who dare to be downtown but aren’t buying anything. Please read this great article by Alley Valkyrie published in the Eugene Weekly.
Renting Sidewalks? | eugeneweekly.com
OE Endorses Fee Waiver for Whoville Shut-down Public Records
From Jean Stacey:
It would be a real loss in the power of our activism and a travesty of justice to the unhoused to let the Whoville Closure continue to go unchallenged. Toward that end, we have requested public records on the Whoville Closure and need you to join us in our public records requests and in a request for a waiver of the quoted $652 fee for same (electronic copies only). Our justification for the waiver is that this information is for the benefit of the public as informed citizens and participants in our democracy.
In talking with Lauren Regan of the Civil Liberties Defense Center, she advised that we apply for the waiver rather than simply paying for the
information as we should establish a precedent that such information is entitled and that the government has the responsibility to produce it
(without creating a financial barrier). This precedent will serve us well now and also on future requests.
There are huge contradictions on the Whoville Closure between what was said in public, what was said in private, what was written and what actually happened. Innumerable “misrepresentations” were made either during the process or by rewriting the history. Understanding how it transpired will, hopefully, help us better navigate the city’s process next time to avoid similar tactics on their part, tactics that are frequently used on many issues (Capstone, City Hall to name a few) that make it nearly impossible to have transparency or accountability.
Please agree to put our joint “power” and ability to represent a wide array of citizens and investigative journalism behind this fee waiver
request.
OEMG Receives Grant & Begins Media Project
The Occupy Eugene Media Group was awarded a $6,600 Wayne Morse Center Project Grant!
You can now see six new videos with more to come at
https://www.youtube.com/playlist?list=PLSMKSIOHfy7XWabOS9yRGeMpWGksRlJVq
The project we are working on is called Community Solutions Media–Supporting the Unhoused. We are very excited for it to help with unhoused advocacy work near and far! We will be collecting, organizing, and sharing media from the last several years–beginning at the Occupy Eugene camps. Video, pictures and audios will go to the University of Oregon archives and onto their philosophy department homelessness website. We will be compiling a creative commons youtube channel and making a vast amount of media accessible here, through our currently under construction OEMG website page. The grant money will buy seriously needed equipment for OEMG and pay a small amount for work on the project itself. Thank you Wayne Morse Center!