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Decision of the Parks & Open 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 the Kurt <br />Corey as the Executive Director of the Public Works Department, on November 17, 2011, Kurt <br />Corey adopted Administrative Order No. 58-11-05-F, Amendment of the City's Park and Open <br />Space Rules and Repeal of Administrative Order No. 58- 09 -11 -F (hereinafter referred to as <br />"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 <br />in a park, open space, recreational facility or at a City sponsored activity that <br />results in the person being asked to leave the park area, open space area, <br />recreational facility, or activity, being issued a Notice of Rule Violation pursuant <br />to subsection (1)(a)3. of this section, being arrested or cited by a police officer for <br />any violation of park and open space rules, the Eugene Code, 1971, or state or <br />federal law, that they are prohibited from future use of City parks, open space, or <br />facilities, or from participation in City sponsored programs or activities, and their <br />entry therein or thereon will constitute trespassing and that further legal action <br />will be taken accordingly. <br />POS Section R- 1.074(1) states that any person who has received a Notice of Restriction of Use <br />may request an informal hearing to contest the notice. Pursuant to POS Section R- 1.075(3), the <br />informal hearing is to be held within 72 hours of receipt of the appeal. Within 72 hours of the <br />informal hearing, the Division Director will issue a written decision affirming, modifying or <br />canceling the notice. <br />Brief Summary of Facts <br />On April 25, 2012, Officer Schulke arrested Angela Bartow for harassment, disorderly conduct <br />and resisting arrest for an incident that occurred at the Park Blocks (820 Oak St., Eugene, <br />Oregon). In addition to arresting Ms. Bartow, Officer Schulke issued Ms. Bartow (incorrectly <br />written as "Barton ") a Notice of Restriction of Use, prohibiting Ms. Bartow from entering in or <br />using all City of Eugene parks, open spaces or facilities until May, 25, 2012 ( "Notice "). The <br />stated basis for issuance of the Notice is a violation of EC 4.726, Harassment. On April 27, <br />2012, Lauren Regan, on behalf of Ms. Bartow, appealed the Notice in accordance with POS <br />Rules Section R -1.074 and waived the 72 -hour hearing requirement. The appeal hearing was <br />held on May 11, 2012. <br />At the appeal hearing, Ms. Bartow stated that she was at the Park Blocks with her child and the <br />child of her domestic partner when she saw Officer Schulke handing out police stickers to the <br />children. Officer Schulke had already handed a sticker to her child and she saw him about to <br />