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to the City Prosecutor who shall determine whether a complaint shall be issued. <br />(e) If the City Prosecutor authorizes issuance of a complaint, it shall be signed <br />and sworn to by the person issuing the Notice of Park and Open Space Rule Violation in the <br />manner other Municipal Court complaints are processed. The person signing the complaint <br />shall be responsible for filing the original complaint with the Municipal Court; securing from <br />the Court a citation with the appearance date and amount of scheduled bail affixed thereon; <br />and thereafter delivering the citation to the police department for service upon the defendant. <br />(f) After a complaint has been filed and served on the defendant, all subsequent <br />proceedings shall be in accordance with the rules and procedures of the Municipal Court. <br />(2) Enforcement by City of Eugene Police Officers <br />(a) In addition to any other existing authority for citation and /or arrest, if a <br />violation of these rules takes place in the presence of a police officer, the violator may be <br />subject to arrest by the officer, or, the officer may issue a misdemeanant citation in lieu of <br />arrest. <br />(b) A police officer may also take into custody or issue a misdemeanant citation <br />for trespass to a person if the officer is contacted and advised that authorized City personnel <br />or other person in lawful charge of premises has placed the violator under arrest for trespass <br />for: <br />1. Failure to comply with a request by authorized City personnel or other <br />person in lawful charge of the premises to leave the park area, open space area, <br />recreational facility, or activity; or <br />2. Violation of a previously issued Notice of Restriction of Use issued <br />pursuant to subsection (3) of this section which excludes the violator from park and <br />open space areas, recreational facilities or activities. <br />(c) If a violator is arrested or issued a misdemeanant citation by a police officer, the <br />officer's report, together with the report of the person acting under subparagraph (b) of this <br />subsection, if applicable, shall be promptly forwarded to the City Prosecutor who shall <br />determine whether a complaint shall be issued. <br />(d) After a complaint has been filed and served on the defendant, all subsequent <br />proceedings shall be in accordance with the rules and procedures of the Municipal Court. <br />(3) Notice of Restriction of Use <br />(a) The City may, in its discretion, notify any person who engages in conduct that <br />Administrative Order - 5 <br />C: \WINDOWS \TEMP \03prkru1I ao.wpd(05 /02/03) <br />