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For purposes of sections 4.870 to 4.872 of this chapter, the following words shall have the meanings ascribed to them by this section.

Admission. A monetary fee charged for the privilege of attending, observing, or participating in an activity, event, or performance occurring in or upon public pedestrian areas in the downtown activity zone. “Admission” includes a monetary fee charged on a fixed basis or a donation basis. The charging of “admission” prevents those persons who have not paid the monetary fee from accessing the area in which the activity, event, or performance is occurring. Where access to the area is not restricted, “admission” does not include soliciting donations during an activity, event, or performance.

Authorized activity. Any activity for which a downtown activity permit has been issued or a city-sponsored activity.

City manager. The city manager or the city manager’s designee.

City-sponsored event. An activity carried out by a city employee in the performance of assigned duties or an activity authorized by the city manager or city council to use the city’s name.

Commercial pursuits. Any activity related to or connected with trade, commerce or fund raising involving the receipt of money or property, such as, but not limited to: advertising, displaying, distributing, selling, taking orders or offering to sell or take orders for goods or services; providing a place for customers to sit; fund raising activities; activities, events, and performances for which admission is charged; activities related to construction or demolition on abutting private premises.

Display. Visual portrayals or physical objects affixed to or standing upon public property within the downtown activity zone, including but not limited to signs, pictures, markers, inscriptions, and objects that are inanimate or mechanically or electronically animated but which remain stationary in location.

Downtown activity permit. A permit applied for and issued in accordance with section 3.341 of this code.

Downtown activity zone. Publicly-owned property and rights-of-way located within the area bounded by the centerlines of Sixth Avenue, Lincoln Street, Eleventh Avenue, and High Street, including all public improvements located therein.

Downtown core. Publicly-owned property and rights-of-way located within the area bounded by a line that runs from the intersection of 10th Avenue and Pearl Street, north to 8th Avenue, west on 8th Avenue to Lincoln Street, south on Lincoln Street to 10th Avenue, east on 10th Avenue to Charnelton Street, south on Charnelton Street to 11th Avenue, east on 11th Avenue to Willamette Street, north on Willamette Street to 10th Avenue, and east on 10th Avenue to Pearl Street, including sidewalks on both sides of the streets and avenues that define the area and all public improvements located therein.

Fund raising. Actions which directly or indirectly request anything of value from persons with whom the requestor has not been previously associated as a family member, friend or companion, and the resulting proceeds are given to a person, entity or organization other than the person engaged in the fund raising activity. “Fund raising” does not include personal solicitation.

Impede. To prevent progress or movement, or to engage in an activity that would deter a reasonable person from progressing or moving in the area of the activity.

Interferes with. A person “interferes with” an authorized activity if that person does one or more of the following:

(a) Enters in or upon and uses an area of the downtown activity zone which has been reserved for an authorized activity for a purpose other than in accordance with the authorized use;

(b) Engages in conduct which imminently threatens to cause or causes a speaker or performer to cease speaking or performing or threatens to cause or causes an audience to be unable to hear the speaker or performer(s);

(c) Except when viewing or participating in an authorized activity, engages in conduct within 20 feet of an authorized activity which prevents reasonable people with normal sensitivities participating in the properly authorized activity from carrying on a normal conversation.

Newspaper dispenser. A box or other vending device that displays, holds or dispenses newspapers, flyers, brochures, pamphlets, newsletters or other written materials to the public, with or without requiring payment, and is intended to remain stationary in location.

Noise disturbance. A noise disturbance which is plainly audible to two or more persons who are located within a room with all windows and doors to the outside shut which is in a building open for business and is located within the boundaries of or is abutting the downtown core. The definitions of section 4.080(1) of this code shall apply to this definition.

Permittee. Includes any person designated as the applicant in the application for the downtown activity permit and any employee, agent, representative or volunteer assisting with an authorized activity.

Public pedestrian area. Any public sidewalk, alley, plaza, and park, excluding public areas under the primary control of entities other than the city. It also includes public streets during the time streets are closed to vehicular traffic for a city-sponsored or permitted event.

Street entertainment. The conducting of, presenting, or participating in musical, theatrical, cinematic, choreographic or athletic performances for which no admission is charged, and no specific area of public property is reserved for its use.

Written material. Any literature, pamphlet, packaging or similar material intended to communicate any message through writing.

(Section 4.871 added by Ordinance No. 16614, enacted September 11, 1972; amended by Ordinance No. 19354, enacted September 18, 1985; Ordinance No. 19605, enacted February 27, 1989; Ordinance No. 19914, enacted April 26, 1993, effective May 26, 1993; administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998; amended by Ordinance No. 20196, enacted May 8, 2000, effective June 8, 2000; Ordinance No. 20303, enacted November 24, 2003, effective December 24, 2003; and Ordinance No. 20322, enacted May 25, 2004, effective June 24, 2004.)