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• LEGAL DEPARTMENT MEMORANDUM <br /> NO. 2007-11 <br /> July 11, 2007 <br /> TO: Honorable Mayor Osborne and City Council <br /> FROM: Steve Gar ity Manager � <br /> Wendy Mo d, Corporation Counsel <br /> Greg C. Crow Director of Economic and Urban D velopmer� <br /> Amy Waks, Assistant Corporation Counsel��� <br /> Suzan Stickle, Senior Planner� <br /> SUBJECT: Amendments to Chapter 41 — Miscellaneous Street Regulations <br /> SUMMARY RECOMMENDATION: Staff requests that Council pass the proposed <br /> ordinance amendment regarding Chapter 41, Sections 12 thro gh 19 allowing for <br /> food and beverage carts and prohibiting persons to enter into th fountain located at , <br /> Central Park. Further, staff recommends approval of a proposed change to Chapter <br /> 41, Section 12, to delete erroneous language, and amendments to current Sections <br /> 13 through 17 to allow for re-numbering with the additions of two new sections. <br /> Further, staff recommends approval of a proposed change to c rrent Section 17 to <br /> include the new amendments in the definition of Nuisance. <br /> BACKGROUND: Staff has received requests for allowing food nd beverage carts <br /> to be permitted to operate in the Central Business District. urrently food and <br /> beverage carts are not permitted to operate in the Central Busi ess District on the <br /> public sidewalks, public right-of-way or in Central Park. After reviewing the City <br /> Code Chapter 41, staff believes that the proposed amendment will accommodate <br /> for these types of vendors, while enhancing the experience being downtown, <br /> subject to conditions. I <br /> Further, the Decatur Police Department has repeate ly discovered an <br /> individual in the fountain at Central Park in the past few weeks. It was discovered <br /> that the Code does not include a provision prohibiting this behavi r. The only action <br /> a police officer can currently take is an arrest for the ordinance vi lation of Breach of <br /> Peace, and only if a witness comes forward to complain about th person's actions. <br /> RECOMMENDATION: In order to allow for the operation of food and beverage carts <br /> and to prohibit persons from entering into or on the fountain a Central Park, and <br /> allow for the Decatur Police Department to have the authority to rrest appropriately, <br /> staff recommends the suggested amendments to Chapter 41, ections 12 through <br /> 19. <br /> POTENTIAL OBJECTIONS: There are no known or expected o jections. <br /> INPUT FROM OTHER SOURCES: Department of Engineering a d Infrastructure. <br /> STAFF REFERENCE: <br /> Amy Waks, Assistant Corporation Counsel, at 424-2807. <br /> Suzan Stickle, Senior Planner, at 424-2786. ' <br /> BUDGET/TIME IMPLICATIONS: None <br />