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May 14, 2012 <br />E U G E N E <br />Parks and <br />Open Space <br />Keeping Eugene Green <br />A DIVISION OF PUBLIC WORKS <br />1820 ROOSEVELT BLVD <br />EUGENE, OREGON 91402 <br />(541) 682 -4800 <br />FAX (541) 682 -0882 <br />WWW.EUGENE- OR.GOV /PARKS <br />PARKS AND OPEN SPACE PLANNING <br />PARK OPERATIONS <br />URBAN FORESTRY <br />NATURAL RESOURCES <br />EUGENE <br />Angela Bartow COPY <br />2760 Willamette Street 4119 <br />Eugene, OR 97405 <br />Decision of the Parks and Open Space Division Director <br />Angela Bartow, Notice of Restriction of Use <br />Pursuant to the authority in Eugene Code (EC) 2.019 and the authority delegated to Kurt <br />Corey as the Executive Director of the Public Works Department, on November 17, 2011, <br />Kurt Corey adopted Administrative Order No. 58- 11 -05 -F, Amendment of the City's Park <br />and Open Space Rules and Repeal of Administrative Order No. 58- 09 -11 -F (hereinafter <br />referred to as "POS Rules "). POS Rules Section R- 1.005(3)(a) states: <br />(3) Notice of Restriction of Use <br />(a) The City may, in its discretion, notify any person who engages in conduct in <br />a park, open space, recreational facility or at a City sponsored activity that results in <br />the person being asked to leave the park area, open space area, recreational facility, <br />or activity, being issued a Notice of Rule Violation pursuant to subsection (1)(a)3. of <br />this section, being arrested or cited by a police officer for any violation of park and <br />open space rules, the Eugene Code, 1971, or state or federal law, that they are <br />prohibited from future use of City parks, open space, or facilities, or from <br />participation in City sponsored programs or activities, and their entry therein or <br />thereon will constitute trespassing and that further legal action will be taken <br />accordingly. <br />POS Section R- 1.074(1) states that any person who has received a Notice of Restriction of <br />Use may request an informal hearing to contest the notice. Pursuant to POS Section R- <br />1.075(3), the informal hearing is to be held within 72 hours of receipt of the appeal. Within <br />72 hours of the informal hearing, the Division Director will issue a written decision <br />affirming, modifying or canceling the notice. <br />Brief Summary of Facts <br />On April 25, 2012, Officer Schulke arrested Angela Bartow for harassment, disorderly <br />conduct and resisting arrest for an incident that occurred at the Park Blocks (820 Oak St., <br />Eugene, Oregon). In addition to arresting Ms. Bartow, Officer Schulke issued Ms. Bartow <br />(incorrectly written as "Barton ") a Notice of Restriction of Use, prohibiting Ms. Bartow <br />