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APPEAL OF NOTICE OF RESTRICTION OF USE <br />EXECUTIVE DIRECTOR DECISION <br />Notice of Restriction Case No.: 02 -19907 <br />Notice Issued To: Gene Thomas Mooney <br />Date of Notice: 10/22/02 <br />Alleged Violation Resulting in Restriction: Violation of Park Rule 1.010(m), "Aid and Abet <br />Treesitter" <br />Scope of Restriction: Prohibited from entering in or using City of Eugene park and recreation <br />facilities and from participating in City sponsored recreation programs or activities until 11 /22/02 <br />Date of Hearing Request: 10/22/02 <br />Date and Location of Appeal Hearing: 10/24/02, City of Eugene Park and Open Space Division <br />Offices, 1820 Roosevelt Blvd., Building #2 Conference Room. <br />Summary of Hearing: Executive Director of Public Works, Kurt A. Corey, presided over the <br />hearing. Executive Director Corey gave a brief summary of the informal hearing procedures, <br />explaining that both sides would have an opportunity to present their testimony and witnesses and <br />that, after taking a short break, he would render a decision on the matter. City of Eugene Police <br />Officer Jen Curry (the Officer that issued the Notice of Restriction of Use) and Gene Thomas <br />Mooney testified on their own behalf at the hearing. Also, Officer Curry presented two witnesses <br />and Mr. Mooney presented one witness; all three witnesses were present on 10/22/02. <br />Executive Director's Ruling: Notice of Restriction of Use No. 02 -19907 is Modified. The <br />Restriction of Use is modified in scope, thereby prohibiting Mr. Mooney from entering in or using <br />the City of Eugene park area commonly known as "the Park Blocks." The specific boundary of the <br />restriction is designated in green on the map attached to this decision as Exhibit A, and identified <br />on the attached map as "Park Blocks." Mr. Mooney is restricted from entering in or using the area <br />outlined in green on Exhibit A until 11/22/02 Pursuant to the modification, Mr. Mooney may enter <br />and/or use all City of Eugene park and recreation facilities not within the area outlined in green on <br />the attached map and may participate in City sponsored recreation program or activities. <br />Findings: <br />(1) A treesitter, known as the Traveler, is living in a tree that is located in the City of Eugene <br />park area commonly called "the Park Blocks," in violation of City of Eugene Administrative <br />Order No. 58- 98 -16 -F ("the Park Rules "). <br />(2) To protect citizens from falling debris, a fence has been erected around the tree in which the <br />Traveler is located. The fence has "No Trespassing" signs posted. <br />(3) On October 22, 2002, Mr. Mooney lifted the above - mentioned fence so that a person could <br />go under the fence and hoist a basket to the Traveler. The basket contained, among other <br />