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(2) Enforcement by City of Eugene Police Officers. <br />(a) In addition to any other existing authority for citation and/or arrest, <br />if a violation of these rules takes place in the presence of a police officer, the <br />violator may be subject to arrest by the officer, or, the officer may issue a <br />misdemeanant citation in lieu of arrest. <br />(b) A police officer may .also .take into custody or issue a <br />misdemeanant citation for trespass to a person if the officer is contacted and <br />advised that authorized City personnel or other person in lawful charge of <br />premises has placed the violator under arrest for trespass for: <br />1. Failure to comply with a request by authorized City <br />personnel or other person in lawful charge of the premises to leave the <br />park area, open space area; recreational facility, or activity; or <br />2. Violation of a previously issued Notice of Restriction of <br />Use issued pursuant to subsection (3) of this section which excludes the <br />violator from park ,and open space areas, recreational facilities or <br />activities. <br />(c) If a violator is arrested or issued a misdemeanant citation by a <br />police officer, the officer's report, together with the report of the person acting <br />under subparagraph (b) of this subsection, if applicable, shall be promptly <br />forwarded to the City Prosecutor who shall determine whether a complaint shall <br />be issued. <br />(d) After a complaint has been filed and served on the defendant, all <br />subsequent proceedings shall be in accordance with the rules and procedures of <br />the Municipal Court. <br />(3) Notice of Restriction of Use. <br />(a) The City may, in its discretion, notify any person who engages in <br />conduct in a park, open space, recreational facility or at a City sponsored activity <br />that 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 />Administrative Order No. 58-OS-10-F -- Page 11 of 11 <br />C:\Documents and Settings\cewakjl\Local Settings\Temporary Internet Files\OLK16C\OS Park-Open Space Rules - 2ao (00131337).DOC <br />