Ordinance No. 12-02 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 12-G
AN ORDINANCE ADDING TITLE 6, NUISANCE VIOLATIONS, TO THE TIGARD MUNICIPAL
CODE,AMENDING TITLES 2,7,15 AND 18,AND DELETING CHAPTERS 7.40 AND 7.61.
WHEREAS, nuisance violations of the Tigard Municipal Code (TMC) currently appear in five titles of the
TMC;and
WHEREAS, for convenient reference by the public and by city staff, the city desires to consolidate nuisance
citations into one title in the TMC;and
WHEREAS,the City Council wishes to clarify and modernize the text of various citations and provisions;and
WHEREAS, the City Council desires existing sections of the TMC that refer to sections of Title 6 to be
consistent with the new text.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 6,Nuisance Violations,as shown in Exhibit A,is added to the Tigard Municipal Code.
SECTION 2: The Tigard Municipal Code is amended as follows: Title 7 Table of Contents as shown in
Exhibit B-1,Chapter 7.40 as shown in Exhibit B-2 and Chapter 7.61 as shown in Exhibit B-3;
text to be deleted is shown in-9tr4ed3rtgh and text to be added is shown in underline.
SECTION 3: Cross-references in the Tigard Municipal Code are amended as follows: Chapter 2.52 as
shown in Exhibit C-1, Chapter 7.58 as shown in Exhibit C-2, Chapter 7.80 as shown in
Exhibit C-3,Chapter 15.16 as shown in Exhibit C-4 and Chapter 18.725 as shown in Exhibit
C-5;text to be deleted is shown in strkedimtigh and text to be added is shown in underline.
SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By vote of all council members present after being read by number and
title only,this 217day of 6211 G 2012.
City Recorder
APPROVED: By Tigard City Council this 0 day of C�iLl1 2012.
Mayor-City of Tigard
ORDINANCE NO. 12—0,2
Page 1
Approved as to form:
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City A ey
� - ��• 'J.Ot2
Date
ORDINANCE NO. 12—
Page 2
EXHIBIT A—PAGE 1
Title 6:
NUISANCE VIOLATIONS
Sections:
Chapter 6.01
GENERAL PROVISIONS AND PENALTIES
6.01.010 Short Title
6.01.020 Definitions
6.01.030 Nuisances Designated-Class I Civil Infraction
6.01.040 Penalty for Violation of This Title
6.01.050 Administrative Rules
6.01.060 Enforcement-Minimum Requirements
Chapter 6.02
NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE
Article 1. General Nuisances
6.02.010 Common Nuisances
6.02.020 Noxious Vegetation
6.02.030 Trees and Bushes
6.02.040 Greenway Maintenance
6.02.050 Attractive Nuisances
6.02.060 Graffiti
6.02.070 Livestock/Poultry
Article I1. Property Development and Maintenance Requirements
6.02.100 Violation of Title Prohibited
6.02.110 Conditions of Approval
6.02.120 Visual Clearance Requirements
6.02.130 Fences and Walls
6.02.140 Accessory Structures
6.02.150 Insects and Rodents
6.02.160 Signs
6.02.170 Storage in Front Yards
Article III. Junk, Garbage and Putrescible Waste
6.02.210 Vehicles Not to Drop Material on Streets
6.02.220 Open Storage of Junk
6.02.230 Scattering Rubbish
6.02.240 Garbage and Putrescible Waste
6.02.250 Offensive Wastes Prohibited
6.02.260 Unauthorized Deposits Prohibited
Article IV. Streets and Sidewalks
6.02.310 Streets and Sidewalks
6.02.320 Maintenance/Repair of Public Sidewalks
EXHIBIT A-PAGE 2
6.02.330 Sidewalks,Curbs and Planter Strips
6.02.340 Encroachment into Public Easement
Article V. Noise Nuisances
6.02.410 Prohibition on Excessive Noise
6.02.420 Sound Measurement
6.02.430 Noise Limits
6.02.440 Prohibited Noises
6.02.450 Exceptions to Noise Limits
6.02.460 Maximum Noise Limits for Certain Activities
6.02.470 Evidence of Noise Violation
Article VI. Water Service and Meters
6.02.510 Service Connection Maintenance
Chapter 6.03
PROPERTY IN THE RIGHT OF WAY
6.03.010 Signs in the Right of Way
6.03.020 Abandoned Personal Property in the Right of Way
6.03.030 City Authority to Remove
6.03.040 Notice Requirements
6.03.050 Exemption from Notice Requirements
6.03.060 Reclamation of Confiscated Personal Property and Signs
6.03.070 Disposal of Personal Property, Signs and Junk
6.03.080 Appeal of Confiscation
6.03.090 Exemption for Criminal Investigation
EXHIBIT A—PAGE 3
Chapter 6.01
GENERAL PROVISIONS AND PENALTIES
6.01.010 Short Title
6.01.020 Defmitions
6.01.030 Nuisances Designated-Class I Civil Infraction
6.01.040 Penalty for Violation of This Title
6.01.050 Administrative Rules
6.01.060 Enforcement-Minimum Requirements
6.01.010 Short Title D. "Civil infraction" or
"infraction" means the failure to comply with a
The ordinance codified in this title shall provision of this title.
be known as the "nuisance ordinance," and may
also be referred to herein as"this title." E. "Costs" means all expenses
incurred and charges associated with any action
6.01.020 Definitions taken by the city under this title including, but
not limited to, the cost to the public of the staff
As used in this title: time invested and,regarding items confiscated in
violation of Sections 6.03.010 and 6.03.020, all
A. "Abate" means to restore a expenses incurred and charges associated with
property to its condition prior to the infraction, the removal, storage, detention, processing,
or similar condition that is free of the subject disposition and maintenance thereof.
infractions. In the case of graffiti, "abate"
means to remove graffiti from the public view. F. "Dangerous building"means:
B. "Abandoned personal property" 1. A structure that, for
means any personal property, as the term is want of proper repairs, by reason of age and
defined in this title, which has been discarded, dilapidated condition, by reason of poorly
deserted or relinquished. installed electrical wiring or equipment,
Personal property shall be considered defective chimney, defective gas connection,
abandoned if any of the following conditions defective heating apparatus or for any other
exist: cause or reason, is especially liable to fire, and
that is so situated or occupied as to endanger any
1. Personal property is other building or property or human life;
left unattended in the right of way for more than
five hours; 2. A structure containing
combustible or explosive material,rubbish,rags,
2. Personal property is waste, oils, gasoline or flammable substance of
placed in the right of way in a location or any kind,especially liable to cause fire or danger
manner as to constitute a potential, imminent or to the safety of the building, premises, or to
immediate hazard or obstruction to pedestrian or human life;
vehicular traffic or to otherwise pose a threat to
public health,safety or welfare. 3. A structure that is kept
or maintained or is in a filthy or unsanitary
C. "City manager" means the city condition, especially liable to cause the spread
manager or his designee. of contagious or infectious disease or diseases;
4. A structure in such
EXHIBIT A—PAGE 4
weak, weakened, dilapidated or deteriorated
condition as to endanger any person or property 4. Dead trees, dead
due to a probability of partial or entire collapse. bushes, stumps and any other thing likely to
cause fire;
G. "Dispose of/Disposal"means to
get rid of and includes sell, auction, donate, 5. Blackberry bushes that
destroy,repurpose and recycle. extend into a right of way or across a property
H. "Graffiti"means any inscription, line;
word, figure or design that is marked, etched, 6. Vegetation that is a
scratched, drawn or painted on any surface with health hazard;
paint, ink, chalk, dye, other similar substance or
placement of stickers or appliques,regardless of 7. Vegetation that is a
content, without authorization from the health hazard because it impairs the view of the
responsible party for the property. right of way or otherwise makes use of the right
I. "Graffiti nuisance property of way hazardous.
means a property upon which graffiti has been 8. Any of the following
placed and for which a Letter of Complaint or invasive and noxious plants: Hedera helix L.
Notice of Violation has been sent to the (english ivy),Heracleum mantegazzianum(giant
responsible party for the property consistent hogweed), Lythrum salicaria L. (purple
with Chapter 1.16 and on which the graffiti has loosestrife), Polygonum cuspidatum (Japanese
been allowed to remain for more than the length knotweed), Rubus discolor (Himalayan
of time specified in the letter or notice. blackberry.)
J. "Junk" means items that have
no apparent utility or are in an unsanitary 9. "Noxious vegetation"
condition. does not include vegetation that constitutes an
agricultural crop, unless that vegetation is a
K. "Noise-sensitive unit" shall health hazard, a fire hazard or a traffic hazard,
include any building or portion of a building and it is vegetation within the meaning of this
containing a residence, place of overnight subsection.
accommodation, church, day care center,
hospital, school or nursing care center. For the A "Occupant" means any person,
purpose of this definition, "residence" and tenant, sub-lessee, successor or assignee that has
"overnight accommodation" do not include control over property.
living/sleeping quarters of a caretaker or
watchperson on industrial or commercial N. "Owner" means any person,
property provided by the owner or operator of agent, firm, corporation, unincorporated
the industrial or commercial facility. association, partnership, limited liability
company or other entity having a legal or
L. "Noxious vegetation"means: equitable interest in or a claim to a property and
includes, but is not limited to, a mortgagor in
1. Weeds more than 10 possession, an occupant, or a person, agent, firm
inches high; or corporation that owns or exercises control
over items of property including abandoned
2. Grass more than 10 personal property or a sign confiscated pursuant
inches high and not within the exception stated to this chapter.
in paragraph 9 of this subsection;
O. "Permit" means to knowingly
3. Poison oak, poison ivy allow, suffer or acquiesce by any failure, refusal
or similar vegetation; or neglect to abate.
EXHIBIT A—PAGE 5
P. "Person" means an individual created or allowed the condition to exist, or
human being and may also refer to a firm, placed the object or allowed the object to exist
corporation, unincorporated association, on the property,or
partnership, limited liability company, trust,
estate or any other legal entity. 5. A foreclosure or
bankruptcy trustee.
Q. "Personal property" means
tangible items, other than signs, as defined in There may be more than one party
this title, and vehicles which are reasonably responsible for a particular property.
recognizable as belonging to individual persons
and which have apparent utility. V. "Right of way" means a strip of
R. "Plainly audible" means any land or structure occupied or intended to be
sound for which the information content of that occupied by a street, crosswalk, pedestrian or
sound is unambiguously communicated to the bike path, railroad, road, electric transmission
listener, including but not limited to, line, oil or gas pipeline, water main, sanitary or
understandable spoken speech, comprehensible storm sewer main, street trees or other special
use and all other public ways and areas managed
musical rhythms or vocal sounds. by the city.
S. "Premises open to the public" W. "Sign" means any materials
means all public spaces including, but not placed or constructed primarily to convey a
limited to, streets, alleys, sidewalks, parks, message or other display and which can be
rights of way and public open space, and private viewed from the right of way, another property
property onto which the public is regularly
invited or permitted to enter for any purpose. or from the air including any outdoor sign,
display, light, device, figure, painting, drawing,
T. "Property" means any real or message,plaque,poster or other thing designed,
personal property including, but not limited to, intended or used to advertise or inform.
items affixed or appurtenant to real property or X. "Unauthorized" means without
premises,house,building, fence or structure and consent of the owner, occupant or responsible
items of machinery, drop boxes, waste
containers, utility poles and vaults and post Party.
office collection boxes. Y. "Unnecessarily loud"means any
U. "Responsible party" means any sound that interferes with normal spoken
of the following: communication or that disturbs sleep.
1. An owner, Z. "Violation" means failure to
comply with a requirement imposed directly or
indirectly by this title and may also mean civil
2. An entity or person infraction or infraction.
acting as an agent for an owner by agreement
that has authority over the property, is 6.01.030 Nuisances Designated-Class
responsible for the property's maintenance or
management, or is responsible for abating or 1 Infraction
remedying a nuisance,
A. Acts, omissions, conditions or
objects specifically enumerated in this title are
3. Any person occupying
the property, including bailee, lessee, tenant or hereby declared to be a public nuisance.
other person having possession, B. Violations of other titles of this
code are likewise declared to be public
4. The person who is
alleged to have committed the acts or omissions, nuisances unless otherwise characterized in their
EXHIBIT A—PAGE 6
location in another title. personal property, the location from which it
was confiscated and the date and time of the
C. In addition to nuisances confiscation;
specifically enumerated within this title, every
other thing,substance or act which is determined 3. Procedures by which
by the council to be offensive, injurious or owners of confiscated personal property or signs
detrimental to the public health, safety or can reclaim the items:
welfare of the city is declared to be a nuisance.
4. A fee schedule for
6.01.040 Penalty for Violation of this violations of Chapter 6.03 and the recovery of
Title costs associated with confiscation and
reclamation of personal property or signs
A. A violation of this title shall confiscated in the right of way.
constitute a Class 1 Civil Infraction, which shall
be processed according to procedures B. Such administrative rules shall
established in Chapter 1.16 of this code. be adopted pursuant to the provisions of Chapter
2.04.
B. Each violation of a provision of
this title shall constitute a separate infraction, 6.01.060 Enforcement-Minimum
and each day that a violation of this title is Requirements
committed or permitted to continue shall
constitute a separate infraction. A. The provisions of this title are
declared to be minimum requirements.
C. A finding of a violation of this
title shall not relieve the responsible party of the 1. In their interpretation
duty to abate the violation. Penalties imposed and application, the provisions of this title shall
by this title are in addition to and not in lieu of be held to be minimum requirements, adopted
any remedies available to the city. for the protection of the public health, safety and
general welfare.
D. Each violation of a provision of
this title is subject to the specific penalty or 2. When requirements of
administrative fee established in Chapter 1.16 of this title vary from other provisions of this title
this code. or with any other title of the Tigard Municipal
Code or Oregon Revised Statutes, the most
6.01.050 Administrative Rules restrictive or that imposing the highest standard
shall govern.
A. The city manager is authorized
to draft and adopt administrative rules that B. A fmding of a violation of this
establish: title which results in confiscation of personal
property or signs does not prevent the city from
1. The types of signs additionally issuing citations for violations of
exempted from the notice requirements of this title or any other title of the Tigard
6.03.040, based on the likelihood the sign will Municipal Code or Oregon Revised Statutes for
be reclaimed,which may take into consideration the same property or incident.
the value of the materials and condition of the
sign; C. This section shall not be read to
prohibit any alternative remedies set out in this
2. Standards and methods title or any other title of the Tigard Municipal
for recording information about signs and Code or Oregon Revised Statutes which are
personal property confiscated in the right of intended to abate or alleviate code violations,
way, including a description of the sign or nor shall the city be prevented from recovering,
EXHIBIT A-PAGE 7
in any manner prescribed by law, any expenseI violations pursuant to any code provision.
incurred by it in abating or removing ordinance
Chapter 6.02
NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE
Article 1. General Nuisances
6.02.010 Common Nuisances
6.02.020 Noxious Vegetation
6.02.030 Trees& Bushes
6.02.040 Greenway Maintenance
6.02.050 Attractive Nuisances
6.02.060 Graffiti
6.02.070 Livestock/Poultry
Article II. Property Development and Maintenance Requirements
6.02.100 Violation of Title Prohibited
6.02.110 Conditions of Approval
6.02.120 Visual Clearance Requirements
6.02.130 Fences and Walls
6.02.140 Accessory Structures
6.02.150 Insects and Rodents
6.02.160 Signs
6.02.170 Storage in Front Yards
Article III. Junk,Garbage and Putrescible Waste
6.02.210 Vehicles Not to Drop Material on Streets
6.02.220 Open Storage of Junk
6.02.230 Scattering Rubbish
6.02.240 Garbage and Putrescible Waste
6.02.250 Offensive Wastes Prohibited
6.02.260 Unauthorized Deposits Prohibited
Article IV. Streets and Sidewalks
6.02.310 Streets and Sidewalks
6.02.320 Maintenance/Repair of Public Sidewalks
6.02.330 Sidewalks,Curbs and Planter Strips
6.02.340 Encroachment into Public Easement
Article V. Noise Nuisances
6.02.410 Prohibition on Excessive Noise
6.02.420 Sound Measurement
6.02.430 Noise Limits
6.02.440 Prohibited Noises
6.02.450 Exceptions to Noise Limits
EXHIBIT A—PAGE 8
6.02.460 Maximum Noise Limits for Certain Activities
6.02.470 Evidence of Noise Violation
Article VI. Water Service and Meters
6.02.510 Service Connection Maintenance
Article I. General Nuisances H. Animals, including livestock, or
buildings for the purpose of maintaining
6.02.010 Common Nuisances livestock or animals, maintained in such places
or in such a manner that they are offensive or
No person shall cause or permit a annoying to the residents within the immediate
nuisance affecting the public health. The vicinity, or maintaining the premises in such a
following are nuisances affecting the public manner as to be a breeding place or likely
health: breeding place for rodents,flies and other pests.
A. An open vault or privy I. An animal carcass permitted to
constructed and maintained within the city, remain on public property or to be exposed on
except those constructed or maintained in public property for a period of time longer than
connection with construction projects in is necessary to remove or dispose of the carcass.
accordance with the State Health Division
regulations. J. Maintenance on private property
of a dangerous building
B. Accumulations of debris,
rubbish, manure or other refuse that affect the 6.02.020 Noxious Vegetation
health of surrounding persons.
A. No responsible party shall allow
C. Stagnant water that affords a noxious vegetation as defined in 6.01.020.L.1
breeding place for mosquitoes and other insect through 6.01.020.L.7 to be on the property or in
pests. the right of way abutting the property.
D. Pollution of a body of water, B. The responsible party for a
well,spring, stream or drainage ditch by sewage, violation of 6.02.020.A shall cut down or
industrial wastes or other substances placed in or destroy grass, shrubbery, brush, bushes, weeds
near the water in a manner that will cause or other noxious vegetation as often as needed to
harmful material to pollute the water. prevent them from becoming unsightly or,in the
case of weeds or other noxious vegetation, from
E. Any animal, substance or maturing or from going to seed.
condition on the premises that is in such a state
or condition as to cause an offensive odor C. No responsible party shall plant
detectable at a property line, or that is in an or allow to be planted on their property noxious
insanitary condition. vegetation as defined in 6.01.020.L.8.
F. Drainage of liquid wastes from D. The responsible party for a
private premises. violation of 6.02.020.0 shall remove or
otherwise destroy the subject invasive and
G. Cesspools or septic tanks that noxious plants.
are in an unsanitary condition or which cause an
offensive odor. 6.02.030 Trees and Bushes
EXHIBIT A—PAGE 9
A. No responsible party shall
permit branches or roots of trees or bushes on D. No person shall be found in
the property to extend into a right of way in a violation of this section of the code unless the
manner which interferes with its use. person has been given actual or constructive
notice of the standards prior to the time the
B. A responsible party shall keep violation occurred.
the branches of all trees or bushes on the
premises that adjoin the right of way, including 6.02.050 Attractive Nuisances
an adjoining parking strip, trimmed to a height
of not less than eight feet above a sidewalk and A. No responsible party shall
not less than 10 feet above a street. permit on the property:
C. No responsible party shall allow 1. Unguarded machinery,
to stand any dead or decaying tree that is in equipment or other devices that are attractive,
danger of falling or otherwise constitutes a dangerous and accessible to children;
hazard to the public or to persons or property on
or near the property. 2. Lumber, logs, building
material or piling placed or stored in a manner
6.02.040 Greenway Maintenance so as to be attractive, dangerous and accessible
to children;
A. A responsible party shall
maintain the property, subject to an easement to 3. An open pit, quarry,
the city or to the public for greenway purposes. cistern or other excavation without safeguards or
B. Except as otherwise provided by barriers to prevent such places from being used
this section and Sections 6.02.020 - 6.02.050, by children;or
6.02.210 - 6.02.230, and 6.02.310, the standards 4. An exposed foundation
for maintenance shall be as follows: or portion of foundation, any residue, debris or
1. Land shall remain in its other building or structural remains, for more
natural topographic condition. No private than thirty days after the destruction, demolition
structures, culverts, excavations or fills shall be or removal of any building or portion of the
constructed within the easement area unless building.
authorized by the city engineer based on a B. This section shall not apply to
finding of need in order to protect the property authorized construction projects with reasonable
or the public health,safety or welfare. safeguards to prevent injury or death to children.
2. No tree over five feet in 6.02.060 Graffiti
height shall be removed unless authorized by the
community development director based on a A. Placing graffiti that is visible
finding that the tree constitutes a nuisance or a from premises open to the public, such as public
hazard. rights of way or other publicly owned property,
3. Grass shall be kept cut upon any real or personal property, such as
to a height not exceeding 10 inches,except when buildings,fences and structures, is a violation of
some natural condition prevents cutting. this title and is subject to its remedies.
B. Any property location in the
C. In situations where the approval City of Tigard that becomes a graffiti nuisance
authority establishes different standards or property is in violation of this title and is subject
additional standards, the standards shall be in to its remedies.
writing and shall be recorded.
EXHIBIT A—PAGE 10
C. Every responsible party who of Section 18.510.060 is declared to be a public
permits a property to become a graffiti nuisance nuisance in violation of this title.
property is in violation of this title and subject to
its remedies. 6.02.150 Insects and Rodents
6.02.070 Livestock/Poultry Storage of any materials including
wastes or maintaining any grounds in a manner
No poultry or livestock, other than that may attract or aid the propagation of insects
normal household pets, may be kept unless or rodents or create a health hazard is declared to
housed or retained within a fenced run at least be a public nuisance in violation of this title.
100 feet from any nearby residence except a
dwelling on the same lot. 6.02.160 Signs
Article U. Property Development and Constructing, placing or maintaining a
Maintenance Requirements sign in violation of provisions of Section 18.780
is declared to be a public nuisance in violation of
6.02.100 Violation of Title Prohibited this title.
Erecting, constructing, altering, 6.02.170 Storage in Front Yards
maintaining or using any building or structure or
using, dividing or transferring land in violation Storage of any boats, trailers, campers,
of the Community Development Code (Title 18) camper bodies, house trailers, recreation
are declared to be a public nuisance in violation vehicles or commercial vehicles in excess of 3/
of this title. ton capacity in a required front yard in a
residential zone in violation of the provisions of
6.02.110 Conditions of Approval Section 18.730.050.0 is declared to be a public
nuisance in violation of this title.
Failure to maintain a property in
compliance with a condition of approval issued Article III. Junk,Garbage and Putrescible
pursuant to the Community Development Code Waste
(Title 18) is declared to be a public nuisance in
violation of this title. 6.02.210 Vehicles Not to Drop Material
on Streets
6.02.120 Visual Clearance
Requirements The owner or operator of any vehicle
engaged in transportation of excavation or
All property within the city shall be construction materials shall be responsible for
maintained in compliance with the Visual keeping the public streets and sidewalks free
Clearance Requirements of Section 18.795.030. from such materials, including, but not limited
to, earth,rock and other debris that may obstruct
6.02.130 Fences and Walls or render the street or sidewalk unsafe for its
intended use.
Erection of a fence or wall, except as in
compliance with Section 18.745.050.C, is 6.02.220 Open Storage of Junk
declared to be a public nuisance in violation of
this title. No person or responsible party shall
deposit, store, maintain or keep on any real
6.02.140 Accessory Structures property, except in a fully enclosed storage
facility, building or garbage receptacle, any of
Constructing, placing or maintaining an the following:
accessory structure in violation of the provisions
EXHIBIT A—PAGE 12
person to erect or cause to be erected any A. When measured at the boundary
structure or to place or maintain any vegetation of or within a property on which a noise
and/or landscaping materials in, over or upon sensitive unit, not the source of the sound, is
any dedicated public right of way, easement or located,exceeds:
public property without having first obtained a
revocable permit from the city manager or 1. 40 dB at any time
designee authorizing such action. Encroachment betweenl0 p.m. and 7 a.m.the following day;or
into improved public right of way is only
allowed if specifically authorized by the city 2. 50 dB at any time
pursuant to Chapter 15.04. between 7 a.m. and 10 p.m. the same day;or
Article V. Noise Nuisances B. Is plainly audible at any time
between 10 p.m. and 7 a.m. the following day
6.02.410 Prohibition on Excessive Noise within a noise-sensitive unit which is not the
source of sound;or
A. No person shall make, assist in
making, permit, continue or permit the C. Is unnecessarily loud within a
continuance of any noise within the City of noise-sensitive unit which is not the source of
Tigard in violation of this article. the sound.
B. No person shall cause or permit D. When measured at or within the
any noise to emanate from property under that boundary of or within a property on which no
person's control in violation of this article. noise-sensitive unit is located, and the noise
originates from outside the property, if the noise
6.02.420 Sound Measurement level exceeds:
A. While sound measurements are 1. 60 dB at any time
not required for enforcement of this article, between 10 p.m. and 7 a.m. of the following
should measurements be made, they shall be day;or
made with a sound level meter. A sound level
meter shall: 2. 75 dB at any other time.
1. Be an instrument in E. If within a park, street or other
good operating condition, meeting the public place, is unnecessarily loud at a distance
requirements of a Type I or Type II meter; of 100 feet.
2. Contain at least an A- 6.02.440 Prohibited Noises
weighted scale, and both fast and slow meter
response capability. A. Use of exhaust brakes (fake
brakes), except in an emergency or except when
B. If measurements are made, the used by a person operating an emergency
person making those measurements shall have services vehicle equipped with a muffled
completed training in the use of a sound level compression braking system, is prohibited at all
meter, and shall use measurement procedures times within the city,regardless of noise level.
consistent with that training.
B. Except as provided in Section
6.02.430 Noise Limits 6.02.450,the following acts are violations of this
article if they exceed the noise limits specified in
It is unlawful for any person to produce, Section 6.02.430:
or permit to be produced,sounds which:
1. Sounding of any horn or
EXHIBIT A—PAGE 11
A. An icebox or refrigerator, or No person shall, without authorization
similar container, which seals essentially and compliance with the disposal site
airtight,without first removing the door; requirements of Chapter 11.04, deposit waste on
public property or the private property of
B. Inoperable or partially another. Streets and other public places are not
dismantled automobiles,trucks,buses,trailers or authorized as places to deposit waste except as
other vehicle equipment or parts thereof in a specific provisions for containers have been
state of disrepair, for more than ten days as to made.
any one automobile, truck, bus, trailer or piece
of vehicular equipment; Article IV. Streets and Sidewalks
C. Used or dismantled household 6.02.310 Streets and Sidewalks
appliances, furniture, other discards or junk, for
more than five days. A responsible party shall keep a public
street and/or sidewalk abutting their property
6.02.230 Scattering Rubbish free from earth, rock and other debris and other
objects that may obstruct or render the street or
No person shall deposit upon public or sidewalk unsafe for its intended use.
private property any kind of rubbish, trash,
debris, refuse, or any substance that would mar 6.02.320 Maintenance and Repair of
the appearance, create a stench or fire hazard, Public Sidewalks
detract from the cleanliness or safety of the
property or would be likely to injure a person or It is the duty of all persons owning lots
animal or damage a vehicle traveling upon a or land which have public sidewalks abutting the
right of way. same, to maintain and keep in repair the
sidewalks and not permit them to become or
6.02.240 Garbage and Putrescible remain in a dangerous or unsafe condition.
Waste "Maintenance"includes,but is not limited to,the
removal of snow and ice. Any owner of a lot or
A. All solid waste receptacles, land who neglects to promptly comply with the
including, but not limited to, cans, containers provisions of this section is fully liable to any
and drop boxes, shall be maintained in a safe person injured by such negligence. The city
and sanitary condition by the customer. shall be exempt from all liability, including, but
not limited to, common-law liability, that it
B. All putrescible solid wastes might otherwise incur to an injured party as a
shall be removed from any premises at least result of the city's negligent failure to maintain
once every seven days, regardless of whether or and repair public sidewalks.
not confined in any container, compactor, drop
box or other receptacle. 6.02.330 Sidewalks, Curbs and Planter
Strips
6.02.250 Offensive Wastes Prohibited
Maintenance of sidewalks, curbs and
No person shall have waste on property planter strips is the continuing obligation of the
that is offensive or hazardous to the health or adjacent property owner.
safety of others or which creates offensive odors
or a condition of unsightliness. 6.02.340 Encroachments into Public
Rights of Way,Easements and
6.02.260 Unauthorized Deposits Public Property
Prohibited
Except as provided in subsection
15.16.010.1.b, it shall be unlawful for any
EXHIBIT A-PAGE 13
signal device or any other device on any A. Non-amplified sounds created
automobile, motorcycle, truck, bus or other by organized athletic or other group activities,
vehicle while in motion, except as a danger when such activities are conducted on property
signal; generally used for such purposes, such as
stadiums, parks, schools and athletic fields,
2. Operation of sound- during normal hours for such events;
producing devices such as, but not limited to,
musical instruments, loudspeakers, amplifying B. Sounds caused by emergency
devices, public address systems, radios, tape work, or by the ordinary and accepted use of
recorders and/or tape players, compact disc emergency equipment, vehicles and apparatus,
players,phonographs,television sets and stereo regardless of whether such work is performed by
systems, including those installed in or on a public or private agency, or upon public or
vehicles; private property;
3. Operation of any gong C. Sounds caused by bona fide use
or siren upon any vehicle, other than police, fire of emergency warning devices and alarm
or other emergency vehicle, except during systems;
sanctioned parades;
D. Sounds regulated by federal
4. Use of any automobile, law, including,but not limited to, sounds caused
motorcycle or other vehicle so out of repair or in by railroads or aircraft;
such a manner as to create loud or unnecessary
sounds,grating,grinding,rattling or other noise; E. Sounds caused by demolition
activities when performed under a permit issued
5. Keeping of any animal by appropriate governmental authorities and
or bird that creates noise in excess of the levels only between the hours of 7 a.m. and 8 p.m.
specified in Section 6.07.430; seven days a week;
6 Operation of air F. Sounds caused by industrial,
conditioning or heating units, heat pumps, agricultural or construction activities during the
refrigeration units (including those mounted on hours of 7 a.m.to 8 p.m.seven days a week;
vehicles)and swimming pool or hot tub pumps;
G. Sounds caused by regular
7. Erection (including vehicular traffic upon premises open to the
excavation), demolition, alteration or repair of public in compliance with state law. Regular
any building, except as allowed under Sections vehicle traffic does not include a single vehicle
6.02.450.E and 6.02.450.F; that creates noise in excess of the standard set
forth in Section 6.02.430;
8. Use or creation of
amplified sound in any outdoor facility; H. Sounds caused by air-,
electrical- or gas-driven domestic tools,
9. Any other action that including, but not limited to, lawn mowers, leaf
creates or allows sound in excess of the level blowers, lawn edgers, radial arm, circular and
allowed by Section 6.02.430. table saws, drills and/or other similar lawn or
construction tools, but not including tools used
6.02.450 Exceptions to Noise Limits for vehicle repair,during the hours of 7 a.m. to 8
p.m. seven days a week;
The following shall not be considered
violations of this article, even if the sound limit I. Sounds caused by chainsaws,
specified in Section 6.02.430 is exceeded: when used for pruning, trimming or cutting of
live trees between the hours of 7 a.m. and 8
EXHIBIT A—PAGE 14
p.m., and not exceeding two hours in any 24
hour period seven days a week; 6.02.460 Maximum Noise Limit for
Certain Activities
J. Sounds created by community
events, such as parades, public fireworks Notwithstanding Section 6.02.450,
displays, street fairs and festivals that the city creation of noise by any activity subject to the
manager or designee has determined in writing exceptions listed in subsections 6.02.450.E,
to be community events for the purposes of this 6.02.450.F, 6.02.450.H, or 6.02.450.I, in excess
section. The city manager's decision shall be of 85 dB measured on property on which a noise
based on the anticipated number of participants sensitive use is located, for more than five
or spectators, the location of the event and other minutes in any calendar day shall be a violation.
factors the city manager determines to be
appropriate under the circumstances. 6.02.470 Evidence of Noise Violation
K. Sounds made by legal fireworks A. In any civil infraction action
on the third of July, Fourth of July, and the based on a violation of limits set forth in
Friday and Saturday during the weekend closest subsections 6.02.430.13, 6.02.430.0 or
to the Fourth of July of each year, between the 6.02.430.E, the evidence of at least two persons
hours of 7 a.m. and 11 p.m.; from different households shall be required to
establish a violation. Any police or code
L. Sounds made between midnight enforcement officer or other city employee who
and 12:30 a.m. on January 1 of each year•, witnessed the violation shall be counted as a
witness for purposes of the two witness
M. Sounds originating from requirement.
construction projects for public facilities within
rights of way pursuant to a noise mitigation plan B. The city may ask an alleged
approved by the city manager. The city manager violator to enter into a voluntary compliance
may approve a noise mitigation plan only if the agreement consistent with Section 1.16.115
city manager determines that the noise based on a single complaint or single witness.
mitigation plan will prevent unreasonable noise
impacts. The noise mitigation plan must: Article VI. Water Service and Meters
1. Map the project noise 6.02.510 Service Connection and
impacts and explain how the impacts will be Maintenance
mitigated;
A. The city will maintain all
2. Provide special standard service connections in good repair
consideration and mitigation efforts for noise without expense to the customers.
sensitive units; B. Each customer is required to use
3. Outline public reasonable care and diligence to protect the
water meter and meter box from loss or damage
notification plans; by freezing, hot water, traffic hazards and other
4. Provide a 24-hour causes, in default of which, such customer shall
telephone contact number for information and pay to the city the full amount of any resulting
complaints about a project. damage.
C. Each customer is required to
The city manager may approve a noise maintain a vegetation and other obstruction-free
mitigation plan only if the city manager zone of a minimum of two feet around the box.
determines that the noise mitigation plan will Clear access to the meter shall be from the street
prevent unreasonable noise impacts. side in a direct path to the water meter.
EXHIBIT A—PAGE 15
D. Failure to maintain the area will E. The city shall have no liability
result in city personnel clearing the area to meet for trimming or maintaining vegetation in order
the city's meter reading and maintenance needs. to read meters.
Any costs incurred by the city in clearing the
area will be charged to the customer.
Chapter 6.03
PROPERTY IN THE RIGHT OF WAY
6.03.010 Signs in the Right of Way
6.03.020 Abandoned Personal Property in the Right of Way
6.03.030 City Authority to Remove
6.03.040 Notice Requirements
6.03.050 Exemption from Notice Requirements
6.03.060 Reclamation of Confiscated Personal Property and Signs
6.03.070 Disposal of Personal Property,Signs and Junk
6.03.080 Appeal of Confiscation
6.03.090 Exemption for Criminal Investigation
6.03.010 Signs in the Right of Way sign in violation of Section 6.03.010 and any
abandoned personal property in violation of
A. Placement of a sign in the right Section 6.03.020 without prior notice.
of way, unless the placement is authorized by a
separate provision of any title of the Tigard 6.03.040 Notice Requirements
Municipal Code or Oregon Revised Statutes, is
declared to be a public nuisance in violation of A. Subject to exemption by Section
this title. 6.03.050, the responsible party for personal
property or signs confiscated under Section
B. A responsible party for a sign in 6.03.030 shall be notified of the violation and
violation of this chapter shall be responsible for confiscation by the city manager or designee.
any and all costs associated with disposition of
the sign. 1. If the identity and
mailing address of the responsible party for
6.03.020 Abandoned Personal Property personal property or signs confiscated under
in the Right of Way Section 6.03.030 is known, the city manager
shall notify the owner of the item by certified
A. Abandoned personal property in mail or personal service no later than 30 days
the right of way is declared to be a public following the date of the confiscation.
nuisance in violation of this title.
2. If the identity and
B. The responsible party for the mailing address of the responsible party for
abandoned personal property shall be personal property or signs is not known,the city
responsible for any and all costs associated with manager shall arrange for the public notice of
disposition of the abandoned personal property. the confiscation to be provided within 30 days
following the confiscation, either by publication
6.03.030 City Authority to Remove in a newspaper of general circulation in the city
or by publication on the city website, with a
The city manager may confiscate any clearly marked link from the city's homepage.
EXHIBIT A—PAGE 16
B. A notice under subsection A A. The city manager shall establish
shall include: a location for the storage of confiscated personal
property and signs. The location should be
1. A statement that the reasonably secure and accessible to city staff so
personal property or sign was in violation of that personal property and signs can be
Chapter 6.03 of the Tigard Municipal Code; reclaimed.
2. A description of the B. Confiscated personal property
personal property or sign and the date, time and and signs shall be stored for no less than 30 days
location from which the item was confiscated; following the provision of notice under Sections
6.03.040 and 6.03.050.
3. A copy of Section
6.03.030 notifying the responsible party of the C. The city manager is authorized
process and fees required to retrieve the to impose and collect an appropriate
confiscated personal property or sign from the administrative fee for a violation of this chapter
city; consistent with subsection 1.16.640.A.2 and to
additionally recover all costs associated with the
4. The date after which confiscated item.
disposal of the personal property or signs shall
occur. 6.03.070 Disposal of Personal Property,
Signs and Junk
C. A notice by publication under
subsection A may contain multiple listings of A. The city manager may
confiscated signs. immediately dispose of any junk found in the
right of way. Disposing of junk under this
6.03.050 Exemption from Notice subsection is not subject to the notice and
Requirements reclamation provisions of 6.03.040-6.03.060.
A. The city manager may exempt B. The city manager may order the
certain signs from the notice requirements of destruction or other disposal of any personal
6.03.040. property coming into the city's possession which
is determined by the city to be dangerous or
B. Signs that are exempt from perishable. Weapons shall be destroyed in
notice requirements: accordance with ORS 166.280. Such disposal
under this subsection is not subject to the notice
1. Shall be stored for a and reclamation provisions of 6.03.040 -
minimum of 14 days after the date of 6.03.060.
confiscation;
C. At the sole discretion of the city
2. Shall be available manager and without provision of notice, the
during the storage period for reclamation by the city may donate, dispose of, sell, recycle or
owner after payment in full of all costs repurpose any personal property or sign not
associated with the disposition of the sign; reclaimed before expiration of the storage
period.
3. May be disposed of
after the storage period without further D. In lieu of disposal of confiscated
notification. personal property under this section, at any time
the city is authorized to sell or auction any
6.03.060 Reclamation of Confiscated confiscated personal property or sign, the city
Personal Property and Signs may convert the personal property or sign to
EXHIBIT A—PAGE 17
public use by entering it on the city's fixed asset of the request and shall provide notice of the
inventory. hearing to the responsible party for the
confiscated personal property or sign.
1. Notice of the transfer of
the personal property or sign to the city shall be 2. Hearings held under this
given once by publication in a newspaper of section may be informal in nature, but shall
general circulation in the city or by publication afford a reasonable opportunity for the person
on the city website at least 30 days before the requesting the hearing to demonstrate by the
personal property or sign is converted to city statements of witnesses and other evidence, that
use. The notice shall describe the property and the confiscation of the personal property or sign
state that the described personal property or sign was invalid,or for any other reason not justified.
shall be converted to city use if the personal
property or sign is not reclaimed within 30 days. 3. The hearings officer
may be a city officer, official or employee, but
2. If the personal property may not have participated in any determination
or sign is not reclaimed within 30 days after or investigation related to confiscation of the
publication of the notice described in subsection personal property or sign. The city manager
D.1 of this section,the personal property or sign may promulgate rules for conducting hearings.
shall be entered on the city's fixed asset
inventory and shall not be subject to the right of 4. A responsible party
redemption. requesting a hearing may be represented by legal
counsel; however, legal counsel shall not be
6.03.080 Appeal of Confiscation provided at public expense. Written notice of
representation by legal counsel shall be provided
A. The responsible party for to the city with the written request for a hearing.
confiscated personal property or a sign may
request a hearing to contest the validity of 5. The city is only
confiscation by submitting a written request for required to provide one hearing each time it
hearing with the city not more than five days confiscates personal property or a sign.
from the mailing date of the notice or publishing
of public notice. 6. Appeal of simultaneous
confiscation of multiple items of personal
B. The request shall state the property or signs of the same responsible party
reason(s)why the responsible party believes that may be consolidated into a single appeal
the confiscation was invalid and include hearing.
payment in full for the cost of the hearing.
7. If the city finds after a
C. The city shall not consider hearing that the confiscation of the personal
requests for hearings which do not meet the property or sign was invalid:
requirements of subsections A and B.
a. The city shall
D. The city manager or designee order the immediate release of the personal
may establish a fee for the cost of conducting a property or sign to the responsible party for the
hearing. item(s),if still in possession of the city,and/or;
E. A hearing shall comply with all b. Refund to the
of the following: responsible party any payment of costs
associated with removal, storage, detention and
1. Upon receipt of a maintenance of the personal property or sign that
proper request for a hearing, the city shall set a has been reclaimed.
time for a hearing within 30 days of the receipt
EXHIBIT A—PAGE 18
C. The responsible hearing or any refund of costs unless the person
party shall not receive a refund for the cost of provides the city satisfactory proof for the
the hearing, and shall be liable for storage person's failure to appear.
charges incurred more than 24 hours after the
time the personal property or sign is officially 10. The city shall provide a
ordered released. written statement of the results of the hearing to
the person requesting the hearing.
8. If the city fords after a
hearing that confiscation of the personal 11. Determination of the
property or sign was valid, the city shall order hearings officer at a hearing is final and not
the personal property or sign be held until the subject to appeal.
costs of the hearing and all monies incurred or
charges associated with the cost of removal, 6.03.090 Exemption for Criminal
storage, detention, maintenance and disposition Investigation
of the confiscated personal property or sign are
paid. A vehicle that is being held as part of
any criminal investigation is not subject to any
9. A person failing to requirements of Chapter 6.03.
appear at a hearing is not entitled to another
EXHIBIT B-1—PAGE 1
Title 7
7.74 EMERGENCY OPERATIONS #
PUBLIC PEACE,SAFETY AND MORALS 7.78 PROPERTY-FORFEITURE
FOR CRIMINAL ACTIVITY
Chapters: 7.80 CAMPING PROHIBITED IN
CERTAIN PLACES
7.04 GENERAL PROVISIONS 7.100 EXCLUSION FROM TiGARD
7.08 ADOPTION OF STATE Repealed by
STATUTES Ordinance No.08-18
7.12 CLASSIFICATION OF
OFFENSES
7.16 DISPOSITION OF
OFFENDERS
7.20 OFFENSES AGAINST
PERSONS
7.24 OFFENSES AGAINST
PROPERTY
7.28 OBSTRUCTING LAW
ENFORCEMENT
7.32 OFFENSES AGAINST
PUBLIC ORDER
7.34 CONTROLLED
SUBSTANCES
7.36 MINORS
7.38 TRUANCY
7.40 NUISANCES
7.12 CHRONIC N14SANC- I
PRBPEFcTV
7.44 CURFEW HOURS FOR
MINORS
7.48 PUBLIC ASSEMBLIES
7.50 AUTHORITY TO RESTRICT
ACCESS TO CERTAIN
AREAS
7.52 PUBLIC PROPERTY USE
7.56 INDECENT CONDUCT
7.58 RULES OF CONDUCT ON
CITY PROPERTY
7.60 ABANDONED VEHICLES
7.61 PROPS.DTV 1N T-14 DIGHT I
n�'vi- 3A7 yr
7.70 SECONDHAND DEALERS
AND TRANSIENT
MERCHANTS
This page intentionally left blank.
EXHIBIT B-2-PAGE 1
Chapter 7.40 NUISANCES.NCES. 7.40.210 Penult)—FerChapter
Violations.
ARTICLE 1. GENE-R-A-1 -PROVISIONS
7.4001 n cher-t Tide.
7.40.020 Definitim .
7.40.038 Nuisanees Designated Class ARTICLE 1. GENERAL PROVISIONS
1 lOfFRetleR.
7.40 010 Short-Title.
ARTICLE H.PUBLIC 14&kLT-14
The,,..a;..".."""„a;f:"a ;., thiS 6hapto,.Shall
elanam"n as-the Bui " ,
7.40 940 Nuisone s A ff..t.:...TI,.. also "this to n
Public 46 20 §4(E,hibitC(l)) 1986)
ARTICLE M.NUISANCES AFFECT-ING 7.40.020--De€initie;is:
As, sed in this ehapten
7.40.058 Noxious Vegetation.
7.40=064--Frees: A. "Responsible pafty" means the pef:s
7. . '4A 070—Streets And Sidewallfespensible for-" remedying "
7.40.080 Vehieles Not To Drop
Muter-ial On Streets.
7.40.090 GFee„W HY n, mato...,..,.
7.40.100 Open Storage Of A ier-!s manager- or- agent ef: other- person i*
7.40.10 AttraetiveNuisonees: ;
7.48.120 Seatte g Rubbish.
7.40.125— GFHMti-. 2. The per-sen oeeupyirg—the
> luding bailee, lessee,
tenant e
ARTICLE Al.NUISANCES AFFECTING other-per-son having posses
TIME -RUBMIC PEACE
3. The pefsen who alleged to
7.4v 130 n hibition On Esme ha mitted the et eated
:rav rrvzriniavn-virr�acsisii'e "9ises.
to e*ist, or- plaeed the
7.40.140 Sound Measurement. objeet „ll...."a the objeo"t to " ;st en the
7.48.150 Definitions. ep"..t., in..l 46 20 §4(>r..hibit C(2)), 1996).
7.40.16 ifaits.
7.40.170 Prohibited Noises. 7.40.030 Nuisanees Designated Class
7.40.180 Exeeptions. 1 infr-netien.
7.40.1 n� 90 Maximum Limit For-Eertain
r:csr� A.. The emissions, 6elicciti6i3S--9c
7.40.200 Evidenee.
ARTICLE N11. VIOLATION PENALTV B. Im addition to the nuiSaiiees
EXHIBIT B-2-PAGE 2
eves-ether- thing, substanee of aet whish is Of oeed-itiell as to eause an a€€eesive eller
detef:mined-by the-Ceeneil tete o�-vie deteetable at-apr-epe line, that
in fief s or--detrimental to thee-health, ;. n. ,a:«:,..,;
fet,> elf:, ec the Goy is deet.,..ea to be
i risane� F. Stif€eee Pfainage. Dfainage of
wastes ffem private premises�,
G. All nuisafiees-fie a Cuss
I eivil in4astiee-aed sly be--pr-oeessed G. CesSPOOIS. CessPOOIsOr- septiS tames
aeeefding-te the-pr-eeederes established in that afe in nditief 1: t
Chapter- 1.16 e€ this eede,Gi ,�'-ThifiRetiens eause an„f'F .a„r;.
in..a 86 20 t;nin„hibit ria» 1996).
14. Animals. nnzzazS, cFermdiirziTestoos
ARTICLE M.PUBLIC HEALTH of buildings €ef the purpose of maint : :..e
1iyesteeker- all maintained : el, ..laves
or- in et . that they , offensive e
eying to the ..;,le.,t.. ;thin the . e,l;ete
mafinef as to be a bfeeding plaeeer likely
No per-son shall .. :tbreedingplfar-: dflies and sane..pests;
sa „ e e eaee Foe..t.>
a€€eetieg-the-peblie health. The fell
effc et: g the bl;e health: 1. Removalof '
ca93e s—�-n--aizinxaz
.«„.tte,l toremain on 4lie prepa f.y
eenstfueted and maintained-Within-the Ei-ty, of tifne longer- thanis neeessafy t e e
exeept these-eenstnHeted-ermaintainedi-n dispose of the
rVemneetion with eensti et49iz—=Yrejeetsin
aeeefdanee-withthe-St-ate 11e-;L vn J. Mainsexanvc an Private D"epe"ty of a
fegulatien-, "dangefous building" is
ene or-more ef'the feno,.,in1g.
B. 13ebr s. z4ncxi latiei�s--of debris,
,..bbix1, and other-..efuse that .,ffeet the 1 A st..,,eWfe that fnr the. „t eF
health of suffounding e
dilapidated x
by r-easen of poef4y
C. Stagnant Wates. Stagnant water installed eleetrieal wirer egi ipnrei}t,
and ether-ifiseet pests; de€eetive-heat ii is, F etheF
eause of feasefi;is espeeially liable to fife, and
D. Water- Pollutien. Pallation of a body that is se sis-l-laitedd or- aeoupied as to endange
of water-, .es«ea fn e.. ,l..enage eee.•1.,.:1.1;..,.of eft..e..human life•
s well, eet : dith afty th
e
by sewage, industrial wastes, of ether-
et4bstaiioes-plaGea a the AA,Rsow in R 2. A stsaeWr-e eentainir,g
inafinef tha cause 1..,. nf-4,l „tefial to bustible-ei- explosive matef-ial, mbbisb,
pollute the water-; fags, waste,ells, gaselii}e of €lamiixabie
substanee of any kind, espeeially liable to eaus-e
r-e ger- to the sa€etyer the building,
E. , vz czzc vazzazzz
.,dation on the p eel,s that ,ea state «to htif,-an life.
e e� e
EXHIBIT B-2—PAGE 3
7. Vegetation that : a health ha,ara
3. A stmEtafe thm is kept ereeau
}hail}tained of isina fiilthy--e'rmissaiituiT theivtighfarre—of: otherwise foakes a of the
of eentagia-us; off i"C-Retious disease of diseases;
G. Ne owner- of responsible pafty shall
. A stmewfe i 3 suerh weak of allow flexiou be on the pr-epei4y
weakened eendition, of: dilapidattead w n the right of way of a m.l.l:e thoroughfare
deteriorated eendition as to endanger any per-sen abutting on the pfopefty. The eiwaef e
entire eellapse. (Qfd. 96 39 §!(&ihibit A), gr-ass, shmbbefy, bpash, bushes, weeds or- othe
tiada t
, e eaton ee needed o pr-event
ARTICLE M.NUISANCES AFFECTINGrveeis—er ether getatiefifr-offt
PUBLIC SAFETV. mat a. ,e &em going to seed. (Ora 46 20
,cnin„hibit rrcvl», 1986)
7 40.050 — Noxious367egetat;ion.
7.40.060 gPFees.
A. The tefm "ntienrr does
net ineludevegetation that seestiwtes an A. Noevffl a a:l.le „a,.t., alaall
aoeultwaler-op, that vegetation
nleas at
heats hazard a are l,aEa..a e a tmffie haza.a to extend into a ubl:e st..eet a ubl:e sidewalk
a is is vegetation within the meaning a vdiieah nser4e.- :tl. street
Subseetion B of this seetion. sideWisiiFtl=a fie. it shall be the duty of an ow leF
ible ..art., to keep all tree bra„el,es of
13. The tefm "nexious vegetation" bushes on the prefnises whieh adjoin the publie
i es= street—el'-3aariesidewalalk, ineloding—the
ad:e:.,:ng park:..g strip., t.;mmed to a height e�
1. Weeds m e than ten ifiehes high; et leas than eight f and
above the sidewalk ad
et leas than reps feet above the arrear
I masa m e than ten ..,ekes high
and net within—the Mated in - B. lr ownefor- responsible ..", shall
e..l.aeet:e„ A of this sea«: ..
,
aafige.- of felling of etti,er..:ae a .,atit„tes
3. Poison oak,poisen ivy, of similar
i. Dead t..eea dean bushes st.,m«a
, ,
and a ether thing likely tea a Fire•, 7.40 0 7A 8tfeets And Sidewalks.
-5. 131aelcberr7 bushes that extend The AW.Affiev off e salla paf4!,,shall keep a
public stEeet ^d/^« a:ae...alk ab tting their
.e..t., f.ee F em eartl, er dehmis
hnEo-; , eek an eth
and ether objeets that m ebstfauet a ..der the
6. Vegetarian that is awn at eat a:ae...ary ar r r its Htendea
�n,.a o6 2n &4(E,Mbit r(ev2ve»
haoard; , 1046
EXHIBIT B-2-PAGE 4
mess the-per-sen--has-been givell aetual 6
7.40.080 Vehieles Not To Drop atr„et;,,e „et:ee of the standards p r to the
Mater—in!On etree*stimc—tne d}eiarier
6eEtifF -20
i
- Tht-a nel OF per-atOf Vehi6le
efigaged in the tra.,s..ertation of e at:.,., of! 7.40.100 Open Storage Of itinliw
.,street;-., , ater;als shall he responsible fer
keepifig—the pablie streets and sidereal s €tee No person of r-esponsimvle parf4), --;h-Rii
i{�iirS�iC i�MaterjalS,iftel di brit ,tet lifflited deposit, Stero t Loo en any real
t,. earth reek and ether debris that. ay ehstr„er
of fender the streeter- sidewalk unsafee far its faeili " building of! garbage-reeeptaele, any of
intended lase. (Or-El. 96 -20 s4(Exhibit the followiflg=
�fcvw lu
1996).
A. A. eche, reffigorate~ of similaf:
7.40.090 Greenway . eei�tatner, rvbici seals esseiltiallhT
vl,:thou~ first re .lg the eer•
__ A. The e eor- responsible party shall
be r-espap-sib-lefor the maintenance of th-e B. snap r-ablo ...,full„ dismantled
pr-operr,. uh;eet to easement to the City o automobiles, tr-ueks hes ~railer e „tier, eh:ele
athereof: tt
rts ereosae„F,l:arepa;r
e e ,
ether,u:se p ,ided by this eet;.,., and eeet:efis for- mare than ten daysas to any one
7.40.050 through 7.40.120, the standards f;a automobile, truek, bus,trailer 9r p•ieee emai €
«,te«,a.,ee shall he asl
C lle,us• .ehieuar equipment;
• en •�
1. The land shall r-emain—in its E. Used or dismantled household
tiatnr-A Eopographie—eenditien. N applianees, fi,miture other disear-ds e junk, f^r
str„et„res ulyerts ations; .,r fills shall be Fha., Ave .lays (Or-d. 46 -20 §4(E.h;h;eofir
atr„ete.l 1.vithin the easement a unless G(S)Ld]]_1_046),
etherizeh., the City Engineer- basedCbased
7 Afl 110 A tt»eeteye Nuisnnees
r the puhl;e health safety or—.elf.,,—e.
A. No owfie of e sible ,.arty shall
2. No tree r five feet . height permit e., the p err„•
shell h d unless , thor-ize.l h the
.mum-i--v�rciry=rcQr-acicxavrrLca7=-cnv
Planning Pi Teeter based on a finding that the 1. Unguarded maehifiefy,
tree eentastute a r- nt e e eattraet;
e he e other- .le ,.h: h e
3. !'_rasa shall he kept eat to a height
et e eedifi. tea inehes, e ept ,,,he., �. Lamer, logs building material
.,rural e .,hien pr-eve of piling plaeed,. st,.re,l i e s to he
a+rraetiye dafigereus and a s;hle to ,.h:leiren;
�.
In si-tliAtiens where—theme
atitnonty establishes di€€erent—standards er ,
additional standards the standards shall he in then e .ation , ,;they~ sat..,,ands or- harriers
dzTtiiig ai3d-Shad beveesf:ded. No per-sonshall t pr-event eh pla,.es f .. 1,e;.,. eel _lis,
he f44-
in vialation of this seat; of the eade eh:lam
EXHIBIT B-2-PAGE 5
Q. An e#peseazFvclr~iacirciv^ii-^vrpvrrieizRuisafleepiepeft-y" fAeaas—a
of €eundatien, any residn deb Ad;pr- pe..t., upe ,.,Iiia.,, gfaff;ti has been ~,n ea
buildiag-er stmetar-al remains, for-fner-e-thae and sue, graffiti has been permitted to vemain
th;,.t., days acre- the aestr„et;en demolition e fbF more than 14 days after- the pr-opefty ev�%e
r-emoval of any buildingor- ert:on ec the of FeeerA- A-r- oeeupant has been issued
building et]xxvsrfieativrr.
B. This seetien shall not—apply-ze
authorized a ntr,aet:en n eta with reasonable " 1.
of„aanrds to pr-event ; r death to playing Manager- or- the-Manager's desige
ehildren. (Ord. 86 20 §4(E*hibit fespeasible for the administfation of the graffiti
4-9 e abatement program under-this ehapter.
7.40.120 SeatteFing Rubbish. S. 1/ .1
fneafis any per-soft, tenant-,
sublessee, e ee that has a ntrel
No per-son shall .lenesit upon n„hlie or- evef pr-opefty.
r-epei4y any lrind- of > , "• J
.Iehr,a, "seg or- any a,hntanee that would fnaf 6. "Owner11 means any per-sen, agent,
the-appearanee, e este nteneh r fire haiiara fi fm of ration having a legal e e ,:table
detraet frena the e{eanhA@Sfi f oaf ty of theinterest ne..t.. and eludes h„t et
pr-epe4y, off „la he lively to : limited to a rnertgager in—pessess. a, an
anifnal, ehiele traveling ,pon a mallie ,
mr,l 96 20 a 4(E> ,hibit r(ev6)) 1996 that owfis or- ntrel „an ec
e e e ite
7.40125 GF-n'if}ti elleet:en he..en anil other t.men of eontn;Hero.
.Ix
A. Der.nit:enn "pel:mit" means toknowingly all,
suffer-, e by my f:hare refusal
An used .n this neet;en niers the ,
atit negleet to ab
re .
8. IlPrefnisesopen to thepublie—mesas
1. "Abate" me s to remove graffiti f e.n all n„hl:e n en, eh,.l;ng bot net limited to
toe publ;e view. streets, alleys sidewalks, nrvnfights of way
and publie open spaee, and private property
2t. "6r-an:ti" means ani—inser-lptien
figure, •
paint, ink' ebalk, dye, other-similar-substamee e °. "Weperty" fleansaffy Peal al
nlaeement ofntiel.ern pl;,,,,ens regardless ec ire eiudine but not limited to items
the > >
fenee or-stmeWr-e an
gabliely owned pregert,and--that has been items of maehinery,
plaee,l open any eal personal n ne..t_,, n,eh sentaineo,titility poles and vaults, and-Post
buildings,as , e without effiee eelleetion ho*ea
„ther;..at;on from the owner- er- n;hle
CM 5 "Responsible
"
f
an entity or- per-sen aeting as an agent fef a
EXHIBIT B-2—PAGE 6
h.. nt that hes uther;tu ever- the 4. The notiee shall be sef-ved by
addressing the net;ee to the pant
maintenanee or- management. There may he and delivering it by personal ae eer-by
fner-e than one part,,r Bible for- a nart;e,.lar
- mailing it as eei4ified mail. Sefviee may also b
visible leeatien on
the s*eet a eert<.
33. "Unautherized" Paeans without
eseasef h
eote a nt a e s;hle
erf
sties; able to r e eause to remove,
Y'`'`J f e
the gfaff:ti, ithin the 14 da.,period due to
B. Graffiti Nu;sanee Rroee f4y hardship, .,he she m etto the AAsnag
for-
an
..tens;en of time; ..h:eh ter a toe
} Any pfoperty leeat;on in the City ef' graffiti. Fer purposes of this subseet;e.,
f
Tigard that beeemes e graffiti nuisanee pr-opeft.. "hardship" ineludes but is net limited to s
is in .lotion of this e d; it
et;en and *eet to s illness of
disability,
r-emedie9-
the erect; ether ..
etraerd;nar..a mstenee
f
is in elation of'this s et;en and ;.,Meet to its
days after-se ww"Ar-A
rreenmedieT nt f the Manager may e e:tat:en to
(` graffiti Removal;Net;ee and Rreeedures requiring the pefsen to appear-in T-igafEl
Munie;sal ro„rt
1. This sebseetien sets out PFOOedldfeS to
be used ; e meet;on of Ceet;on a ire;1„re to remove the graft; as
7.40.125, etwithstand;n..Q,.l.seet:ens red by this seet:en ;s a elat;onpunishable
7.4A.038CQn1 .1-6.n60-.--erthis Qe
as idea herein other «livable e g
pre..;s:ens thr-afffi ; remains Aht; is nt
, ter the neee e
of Chapter 1 16 shall r effeet
S. The City Manager adopt r,.les
2. The eAffier-or-oeeapant of any and e eedures to implement this seetieni. (!l.-a
proport.,within the City of T; rd shah e e 07 w)
any graffiti ffefn that pr-opefty within 14 days o
the graffiti's a 07 w)
ARTICLE E W NUISANCES A NCES A FFENG7'iNG
THE PUBLIC PEACE
3. Whenever the Manager deteniaines
that gf ff:ti exists On e w.. ., the City, 7.49.1-38 Prohibition On Ewessw2
the Manager may issue an abatement notiee Noises.
Thee nt shell haus 14 days afteNe pefsen shall r
make, assist in f
graffiti. f f ,
-40 Awithin the city of Tigar-d in A 4A]Atimq
F7YZ---- --------—Ne per-sen shall eauseor-
F7G1'IZIit
EXHIBIT B-2-PACE 7
any noise to em-Mi-ate f-4-:A-m pfopei4y under- that sueh as, but not limited to, nae.stendable
peFson's eofitFej in violation of thisaFtiele.
(Repealed and r-eplaeed by Ord. 01 13A, Ofd. r-hydffns or-voeal sounds.
7.40.140 Sound Measurement-. E. "WaneeessaFily loud" means aR5,
sotind that interferes with eefmAl spoken
A. While sound e e ente a not .,t:„n e..that disturbs sleep
should rneaserements be made, the, shall be " means the Cify
made with a sound level fneter. The sound evel Manager- or- designee.(Repealed and replaeed
rev by n..a n1 13 n n.a nn 03 §e1(ne,.t) 1990)
operating1. Shall be an instf:umeat in good 7.40.160 Noise 16imi
, meetinge e
f a Type 1 Type 11 mete,.; it unlawiul for- anyperson to pfeduee, o
i
sounds wh
2. Shallleentain—at least an A
weighted reale, and both fast and slow mete n When n, fed at the 1.e„nae..,. of of
response ebil t
B. 1f a eats are van the pe »,*r-not-tile sotwee-of the sound, 1 atea
making nleasexements- shall have e�vee�
eompleted training ;n the use of the sound level
1. Fe#y dB at any time between
eensistent with that waining- (Repealed and ;
49W)-. 2 ,rift., au at any t'me between
seven
na « the. e day; e
e
.;SSA Definitions.
B. is plainly audible at any time between
As used:n this n.t;ete. and seven a.fn. the felt,.,.ing a.,..
A. "Noise sensitive-unit” shall el.,ae ;
build:«.. .. o.w:en of a building a nte:ning
al ;ae a «le a ,.f a ght va„t:on, E 1s a fil, lead Alwit:hin A mAi.,;e
tehive nit „l,;el. et t1.e a of tl,e
e1,�e�l, de�earz--�nte�-, hospital, sensitive
n}3rsing-*fe eenteF. For- the-purpese-efthis sem
�e lnitien, "Fesic eHG 'man( yemig It
aevo;, ffied-ation', EIees not inelude- P. When lneasuFeaca--ort--vrwithin—the
livingAleeping—goarteFs of a earetalEer-- bo„«a,,..,. of a within pe..t,, on whieh no
watelpeFse; AM ind-ustfial el e al noise sensitive unit isloeated,and thepr-onoise
ne..t., « i lea by the e .. of
e operator-
the;„a„etrial „ e el fae:l;t,. 1e, 6e8�
B. "— `Plainly audible"means „a fe1. SixtyaB--at-any time 1�-veto:e�n
the a ntent of that sound na seven of the �lle,.,....� ae,.-
e �
...1 iguo„el.. voted to the listener-, of
EXHIBIT B-2—PAGE 8
2. Seventye-dB at any ethei S. The keeping of any anifnal of
t1g33e. b:«a that e oaten neise iness of the levels
spee;fied in Beet;ennn 164
E. if within a a f .-
nteet a other-n.,bl;e .
pl ee is .-;1y load at a d;ntanee of 100 6. The operation ef air- eenditioning
feet.-(Repealed eplaeea by n,.a 01 13A, of heating,..its, heat p ..efFige..atie . nits
, (ieeloding-these me»rted on vehielesi a
-Ming pool or-hot wb ptimps.
7.411:170 PFOhlbited Noises.
7. The ereetien (inel n
A. The use of exhaust braves :ave e ,atiefl) demolition alte..atia of e of
brakes) eat; ier-geney of e eat...hen any building emeept a allowed , nae.. Seet;enn
ea b.. .at;„ . offlef7.40.180.F!6 and 7.40.1 80.F.
vehiele equipped with a muffled
times , .;thin the Cit.. regaf;dless of noise level
. sound in any outd-o-el
a 9 n the tion that ten
B. l✓'#sept—as�ovgaed 133 Se6ti63} .. r�ir'�vcavr-icccrorrmrsc�ieatcrvi
7.40.180, the following setae elat:ens
all-e-mos; se-an-d- ima emet-ass of the level allowed by
this ehaptef if they exeeed the noise limits ; Repealed an'
eeif;ed :n Beet;en nn 16n, 3'eplaeed by Or-d.-01 13A, OFd. 96 06; Ovd nn
1. The sounding of any he., e
signal d I other'--deviee on any
automobile, fnete3'-eyele, tfuek, buses-other 7.40.180 Exeeptions.
vehieie while ,
sigHal: The f—allowing shall be eensi-affirve'-d-
vielations of this ai4iele' even ;f thesound limit
2. The—epefation of sound speeified;n Beetion 7.40.160; e eeaea:
pfedoeing deyieen ,ahan, but Piet limited t
musical i31stFume33tsloodspeakefs, amplifying A. Non amplified sounds emated by
deviees ublie address systems, r-adies, tape
1
when n eh eetiyifien are nd„eted e
player-s, nhonegfanhn te1e..;n;,.n Hero and ate. be33eia11Tused—63 se613p133-poses,
systems, i33elodi33b-these installed stadiums, ar-ks, sehoois, and-atnletie fields,
vehie-les. during fiennal betim fef sueb events.
3. The eat'eft of
eh:ele other-the oliee, fir o b. the ,.d:fiaipy and rated use of
Ther- eme3'geney vehiele, exeept during equipment,vehielen and ap. .at n�_e a.alenn „f
sane-tie ied-pafades.
4. The-use-e€ any automobile, pl-epe3.
le or-other-vehiele so out of
ahaoner as toe Bate loos of uaneeessafy G. Sounds emisted by befia fide use a
sounds,gr-ating,grinding,r-attling er-other-Heise. .deyieen and ala...,.. systems.-
EXHIBIT B-2-PAGE 9
€aetel=s-the City Managerdetefmines tete
D. Seands regulated by federal law, .
ineluding, but net limited te, sounds eaused by
nilreeds raft. K. Sends made by legal fireworks on
E. Seands ea-used by deinelitien and Sat„rday d„rinn the weekend elenent to the
Feu f4h of T„1y eF eaehe r, between the hours
by appriate e ental „a,eritien and fseven n and eleven n
nly l.et.. the l,eur-s of seven a.m. and seven
p.m. seven do a week,
industrial,F. Sounds eaused by
4. Qe nds originating ffe eonstf:uetion
a0eulPar-al n nstr„etien aetivities during the pr-ejvets F r n„T.tie f4eilit:es within rights of way
he-ofs of sseven a.fn. to seven p.m. seven days n
week. the City Manager. The noise mitigatien plan
mtfst*.
;
votes of the standard set f;i4h 7 Dreyide n el a sideration and
,
H. Seunds-eaased by air , eleetrieal e 3. Outline publie netifieation plans;
gas driven demestie teels, itioluding, but not
n Pr d a 24 heuf telephe e
Aar- andae saws, dfi4ls, e nater eshe
r..,� a table
siml
ilex ,n,,.ner- eeastfuetien—tools, but He abettt-a pfejee�
e1„ding tools ed fee- vehiele repair-, during
the hoom-of seven a.m. to seven p.fo. seven days The City Manager- may appr-eve a ne
F1 Ameek itig itien--plaaon!), i€ the City Manager
dose-vinines that the noise mitigation plan will
1. Seams eaased by ehainsawe eve itunreasenabie noiseinpaets. (or-d. 05used fer- ming or- eutting of live -
14. r ld d ld bnd nl 13n nr
epeanr e« aveyr
> d
trees bet..,een tl,e t,n„rn Af ne....« n and seven e , 1990).
«d not e eeding twe 1.n„rn
twenty four-hour-period seven days n eek. 7.0.1-00 Mflrki113l1I1 Will:it FOF Gerais
A etiyitie
a-:c-cr�-[czcsr.
j. Sounds a eeted by a n:t., a e«tsueh as n
parades, displays, Seetion i
th
street fairs, and festivals that the City Manager-
or- designee has deteffnime-d- in v.,fiting to be oweptions listed in Seetioos ,
eemmunity events for- the puToses ef this 7.40.180.F, Inn 180114 er7nn 1801T
, , , in exeess
veti„n The !''it., AAnnagff's derision shall he of 95 dB fn rod on pr-opert.,on...l,ieh e neise
based on the antieipated- num-h-Few of paftieipants e iti
s ;,w, e ld�s eentefor-m minutes a than C
veteters, the loeetion of the event and other in anyealeRdar--day shall be—ayielatien..
EXHIBIT B-2-PAGE 10
(Repealed and r-eplaeed by n-a 91 13A, Or-dylej&tieii--sh-Ri�rntxli--ve—subjeet to the penalties
99 29; n..a 96 06; n..a 90 03 §1(p 4), 1990) i . I I 'his ehaptei•, (Or-d. 99-01;It'd 90
03 ■
7.40.200 EL,4.4Qeaee.
in any eivil infraetion set:en basedem a
y}Oxati913ef the-limits-set vrcniirvcc crorts
7.40.160.B, 7.40.160.C; 7.40.160.E, the
households, ^rnell be-rued to establish a
vielatien. Aity Peleeof Code-Enfer-eement
Qf9eef: or- other- City employee whe witfiessed
the Nielation shall be a «tea as a witness fe
par-poses of Ave--witfless-requifement. The
Cit., may ask ., alleg d , °lets..to este f into .,
yoluntap> eemplianee agr-eement based
single-eemp^iaint or single witness. (Repealed
and i•eplaeed by Or-d.Oj 13A, Or-d. T 2 d.
NRTICLE 3+11.VIOLATION PENALTV
7.40.210enalty —r.FEhapter
Violations.
A. A violation of this ebaptel 11
bepf:eeessed aeeefding-te the pr-eeeder-es
established in the a .:l inf:.eetions a.a:..afiee et
..at Chats.. 1 16 of this seas
of thisebaptei• shall eefistitute-a-separ=ate
4eetie. .,a e e1. a,,,, that a vielation of this
shall a ..tit,.te., ete:..4 et:e..
C. A finding of a, °lege.. of this ehapte..
duty te-abate the-violation. The penalties
imposed by this Beet:,,., e in sada:°„ to e..a
et in lie„ ef'any r-emedies available to the Cit.,
D.if a prevision of this ehaptef is
.,Mea 1... ., film a ...,tie.. the effiee« e
EXHIBIT B-3-PAGE 1
RIGHT OF MIAV.
V
3. cc »
means the Cily
Ceetie
c-�cn;civirsManager-or-any designee of the City Managef.
7.61.010 Definitions. 4. "Eests" means all monies
7.61E.0114 Signs-ifthe Right of Way. ineoffed—and edges asseeiated with the
7.618 Abandoned Personal- Val, sterage,detention, resessiiig;
Property in the Right of Way. disposition, and maintenanee a een-tri-speattled
7.61.025 Cit 'AtitheritytO Remove— items in v=iolation-of Seetiens ''�5-anQ
7.61.020.
err
7.61.030 Exemption from Nodee-
dements. S. "Dispose of / Disposal"aiso
7.61..035 l(l eel!amatien of Confisested incudes sell, auetien, donate, destroy,
Personal u,.,,«eFt., and
Signs. e e,and e els
7.61.040 DisposalfPersonal�
PFoper-ty,Signs and junk. 6. "junk" means items whish h, e
7.61.045 Appeal of Confiseati tie appar-eat utility or- ar-- —sanitarzy
7.61.050 Exemption fOF Cr-im semttien-
investigation.
7. 5 ERfOFeement A4tnimu " " means an), individuA,
ReqUaemenis
7 61 n1n Definitions. entivy with-a-Main}, or--,agent thereof-, eithei
«.7:..;,7eall,, jointly, of e,-ship or- any
A. As used in this ehaptef:, tinless-the , in
abandoned personal—pr-epeFt} of a sign
means any pefseffal pfoper-ty, as the to. ,, cc » mea
defined in this--ehapter-, ;"ieh has been tangible :tefos, „tl,o.. than signs and ,.Melee as
disear--ded, r
deserted-er-elifiquished. rs
Personal defined in this-elapter, whieh arezeasenabl
pr-e -t.. y
«e. sh.,ll he s side..ea abandoned ;f e zable as belonging to individual ual «
of the C 11.....:...... ...7;t;e«.,a st- .,.7yih;eh h.,..e., .,t„t;l;t..
The 1 .w.. 1 4't "Riot "
a. �a�perSviiirr�ieperc7-is-icrc
unattended theright of-way for- than land .,t.-,. 7 of intended to be-
five he
eF..ehe pedest
, Walk,
hike path mile., read, °lest«:,. trans
b. The peFSORal pf- line,, oil-ei-gas-pipeline, watef main,sanitary e
«l.,ee.7 theright eF,,wyin a Weation Ste - . a .,the.- s e el
e e «' t trees
manner-as
toe st;t„te , potential, imminent a a3e and all other publie ways and afeas
managed by the City.
eh;e„l.,« t...,FF;e to ethe.-,..:ee pose a th«e„t to
publie health,safety or-welfffe. 10 "Sign” means any
2. "G " means the Goy eF T:t.afd plaee.7 or .,st.-.,ete,7 «:1y to e
«.7 any other- tee.,t;e., , nde.-; risdietion by the age or ethe.- display and wh:eh ean he
EXHIBIT B-3-PAGE 2
viewed f efn the right of. other-« pef4., 7.61.03�,
or- €rein the ,
displayerlight, eviee,figure, painting, drawing }. if the—identity—anti—mailing
message,plaque, pester, or- ether thing address of• the owner- of a al efty
designed intended, Of Hsed to adve#ke or fifis ^tea under- subseetion n is 1.
inF rp, rnra 10 06 § 1 20101 the C4 y Manager shall notify., thetheofe o
its by eert;fied mail or- persenat
7.61.015 Signs in the Right of Way. later than 30 de,. r lowifig the date f the
«f:^ at
A. it shall be unlawful fee- ^ per-son to
plaee a sign in the right of way aaless the 2i€ the identityand
plaeement : „ther-iim by ^ ..ate pr-evision address of the owfier- of « at pr-opert.,
of any title—e€ the T-ig^r-a Muni,.: t Gede o signs is not—known, the City Manager-
aregen Revised etat.,tea e fee the p„ht:e native ef•the a nfiseat;an
te be pr-evided within 30 days followiffg—the
B. The owner-(s) Of a Sjgn-ifl ViAlAtiA44 A eenf}seat}on, either- byp4livatrion iia a
this eh te shall he a s:hle f^ aft), and all e e of general „ratio in the City.
^tom Jts_a_sse ated with d: :t: of the sign. b #biieatien ei3�
by he—City-website, with-a
7.61!"�---Abandoned PeFsenaI G. A netiee—ander sobseetion 13 shall
Pr-Opffty iH the Right of Way. ifielude�
A. it shall be unlawful F ., «ci3on to 1. A statement that the pefsena4
abanaep e l ap pe f.y ;n the right of pe ftyor- f C
elation oharts.
Yi.,
Code.
B. The—owner(^so€ the abandened
personal propertyin viala4ion of this ehapter propert., o sip and the date time and leeatien
Shall be r-espensible for any and all acts ffof whish the item. , nfiseatea
ated with the disposition of'the abandoned
persenaipr-op",. 1,2A' --,
A espy of seetiep 'r. -Q
netifying theowner- of the pr-eeessand foes
7.61.025 City Authority to Remove f:equifed to rvtFieve the eenfiseated personal
Notiee Requirements-. ort.,o sign from the Cit.,
A. The City Manager-may eenfiseate any 4. The date after- whieh disposal Of
,.lar: of Cees: 7 61 015 and than al pr-opefty or- gasshall
olat:an .-.f
Seetion 7.61.020 witheat prior- netiee. The City D.A notiee by p"heation ofideF
Manager. shall a sate a pokey e g that the subseet:on R fRay «ta;n Multiple liss;Ras -of
time «d leeatien of nfiseat:an «a 2010)
f
gn
deser;pt:on of the physieal ehar^eter.at:e^ of the
eenfiseated—persenal pr-epei4y--or- sign are
reserdec. Requitement
A. The—City—"manager shall establish a
EXHIBIT B-3-PAGE 3
vette., pol:ey wh;eh does the f llewifigi personal- property-and signs pan reelaim
eeiiseated items. T—�eoedur-e shall inelude
i here.•mines type of signs that are the following,
„likely to be.•eelaifnea if ee...fiseatea• as
M#sq of See-ti-en 7.61.025 these types e
signs .,likely to he.•velaimea :Feo„fiseatea 2. A foe sehea„le fee-«eelafnat:e., eF
personal pr-epef4y and sips that may ifielud-e
B. in detemining the types of sips that either or beth of the F lle...:....•
iffifilik-ely to be rvelaimed, the City Manag
may :ae«thevalue of the materials the sign a. -R;:A-visions allowing the City
is eenstfueted of and the eendition efthe sign. to reeever all eests—assee--iated with the
.faseatea item, and
Signs that are eyvempt under the
b. Assignment of all
this seet:e.. in.,a 10 06 § 1 Tn 10).
1. Shall he ste«ea for- a minimum eF
14 days after-the date of eenfiseat:o«
. 7.61.040 Disposal of PeFsonfil
Property,Signs and junkT
. Shall be available during the
star-iige period for- r-eelamation by the awner A. The City Manage.- FRay immediately
afte«p ..t in full of all vests a iiatted.,it-h-
- dispose of any junk found in the right ef way.
the disposition e f thea Disposing of junk under- this s..hseetion is et
subjeet to the notiee and feelamation pro
3. May be dispesed of -Rf-4o-r- the of eeetions T 61 nee through T.61.035.
storage p ea without fi..•the«„etifieat;e., (n..a
10 019). B. The Gity—MaRagel” may eFder-tke
7.6'. 35 ReelamatiefConfiseeted pFopefty oeffling into the City's
Per-sons!PFOPeFty and Signs. ,..h:eh :s aete.•. inea by the Cit.,to he aange..e..s
or—perishable. Weapefs—shall hede TtroyeQ
—iII
4. The Cit.. Manage.. shall establishFdanee .
levat:e.. for- the storage of a ..fiseatea p ..al under-this s..bseet:on is not s*eet to the„et;ee
pr-epePty and signs. The le at: should be and eel, at: eF Seetions T 61 025
feasonably
seeur-e and a sable to City staff se through 7.6 1nZC
that—per-seeal— property and signs sae be
v Q - t the sole diseretion atethe City
Manager-and without piv.Tsion of-fie ie ,-the
B. C--A-nf4sV-atA-d- per-Sofia! pr-opef4y and City may donate, dispose of-, sell, meyele, a
signs .,hall be ste..ea fo« no less than 30 days
fell,,..ing the pr-evisionof netiee under- ever:e., reelaimed—heferexpiration of the--sterage
7.61.025 of:7.61.030.
p
G.. The Cit.. Manager shall establish a zin-lieuf the disposal of eonfiseatcv
preeedare, by wh:eh owners of nf:seatea personal p pef4y uncle,.this seetion ata ,t;.ria
EXHIBIT B-3—PAGE 4
the C-45, „tl,e..:..e,l to seller- ,et:,.« the E. x4 heafing shall with all of the
«fiseatea «e «al « «e..ty a the Cit.. "lewing:
may eenveA the personal pr-opeft-y of sign to
p,_,hl:e use 1.,. entering :ton the City's fixe.l
asset inventefy. 4- a hearing, the City .,1,..11 et t;«.,,, f^
,.,[ heal=ilg
within 3n days of the e ofe«t ethe
1. Natiee—tit the Ifafis€er- of the fequest and x1,.,11 provide «..t;ee of the hearing
personal pr-o«eft„ er- sign to the Cit., ..1.,,11 1.e tothe of the «l;seate,l personal
es e�sig
general eifeulation in the City or-by pubheation
on the City website at least 30 days befo� the
2. Hearings hell «.le« this eet;e«
may be--ififimm-al in nolui illv,sirt shall ll ,.rte a
n—m�zvicr-is
The «et;ee shall ,leser;l.e the « peft., a«.1 feaso«a1.1e a e.-t„«;ty fee the person req
state that the dere.-:1.ed personal pr-ep e.-t.. .. the hearing to demeastr.,te by the statements eC
shall be a e..tea to City e if the personal witnessesaftd--e€her- evideeee,—that the
pr-ep", eelaifffed Within 30 days. eenfiseation of the per-sonal pr-op", of sig"
was invalid, er- for- wether—Leasee—net
2. if the«e al « «ef t.. e justified.
not «eelaime.l within Zn days after- pubheat:e«
of the «et:ee aeseril.ea in „l.aeet:e« '—" \ of 3 The ueafinga nff;eef may be
this seetion, the per-senal py-opefty or- sip shall o€leer, effeiarofemplloy'ee-of the City, but
be e«te..e,l an the. Cily's fi.,ed set «te.,, may not have paftieipated in any detefmination
a1 all not be subjeet to the right e� estig tion.-elate,- t..tl.e. 14&e„ti ffi Of
fe,lemptie« rn..,l 10 06 § 1 2010).
maypromulgate.-.,lea for-a «a„et;«,.hea.-;«,...
7.61.045 Appeal of CefffiSeftN&n-.
A. Theowner of the e «fiseatea personal may be re a e«tea by legal a el. hove„e.
p'epef4y request a hearing to legal eetinsel shall not be pfe,,ided at «„1,1:..
seetest i the raefffiseatieff by eipeese. Wfitte« „t;ee er ..e e e«t„tion by
„bmitti«,. a «:tte« eat f;.«leafing with the legal a el shall be « ,ide.1 to the City with
City net .. e tl,a« fi.,e days fifem tl,e .«e:l:«. the written request for-o a l,ea. « .
,Ante of the«ogee of publishing of pall;e«..ties
3. "the—Eity is enly required to
The a eat shall state the a «/a\ ,1 h 't f: r
B. pre��e�ee �ea�-i�eaG:r-t�r�n ��s2�es
why the r believes t4at the «fiseat;e« personal pr-op
invalidwas a«.1 inelude payment in full fe f the
eat of the hea«;«,. 6 Appeal A-f simidump.Alls
eenfiseation--of multiple items of per-sena�
Q The City shall not eensidef feqoests pxoPerr or- signsefthe e enay be
fer-heafings whieh do fiet meet the r- . i Alid-ated-into a single appeal hearing.
of C„L.a et:ons A «.1 12 ..f thi at;
? if the City fi«aa aftef a hea,.:«a
D. The City Managef er- designee may that the e «fiseat;e« of the per-sonal « «e.•t., e
establish a foe &F the eat of a «float:«..
a. Theme;—shag dertxe
EXHIBIT B-3—PAGE 5
7.61.055 En€ereement Alin*mum
sign to the ownef of the—item(s), if still .
oft-he of -hr;4,. ndior
e � a
A n finding of a violation of this title
b. Re€uid- to the owneran), whieh results in eennseatieft ofpaymterse
et
nof ata a*ed .ith the r-emoval
'
storage,detention and maintenanee of the additionally issuing ,nations for- elat;onn ec
gersenalprogef4y of sign that -as bees} thistle er any ether–title of the—regard
feelaimed, 1\ unieinal Gude or Oregon Revised Statutes fe
same ", ide«t
e. The shall et
re,44nd for-the Best of the hearing and shall he B. This seetieffl;rshall o4 be read to
liable for storage ehar-gen rred more than 74 prohibit n any way altemati.,e remedies not eut
hers after the time the nal neft..
sign is offieially ofder-ed released te the per-son. T,loti e;nal rode Oregen Revised Statutes
whieh are «tended- to abate alleviate Bode
8. if the City finds aftef a hear-ing violations, ner- shall the City be pr-evented finm
that the n nfiseation of
fife ne l a « ..ner4y any manner- pr-eser-ibed by la?A,,pr-e �
valid, the City shall order-the per-senal any e*pefise inetiffed by it in abating e
..err., asign be Lela until the eests eF the ng ord;naneeviolations n nt to
any
hearing and all menies ineurred or- harges eede prevision
asseeiated with the Best of the re .al) storage,
detention ntenanee and disnositien of the G Glass 1 Penalty n alatien of this
«fin aced ne al n er4..e e aidtte . CZlIIsJT1 ellI'I' •2^Ia4IV«
whieh shall be pfeeessed aeeef;difig to the
9. A pefsen failing to appear- at a pfeeedufts established in Chapter- 1.16 of this;
bede,
rePand of eentn , mean the person idea the
City sa4isf:.etoi , « of&F the n n'n failufe to n Eaeh , elation of n rate pfevision
wear: of any Tigard Manieipaland Development
10. The City shall pfevide a vAitten eenstitute-a-sena�etion, and eaehday
statement ef the Fesults of the heafing to the that elation mitten fmittea to
ll. The dete-r-ninatien--e€ the E. Thof this title are
1. Minimum Requir-ements
7.61.050 Exemption FOF C-FiMififil Intended in their-ifiternretation and a pheation
,
investigation. the pr-evisians of this title sh-All be, lwal�_ to b__e
m-inim-um- r-equirements, adepted der the
A vehiele that is being held as pai4 ef any greteetien e€ the publie—health, safety, and
er-iminal investigation is—i et toan! general. ,elfa
affts of this ehapter, (Or-d. 10 06 § ,
2"9} 2. Mest Restfietive Requirements
EXHIBIT B-3—PAGE 6
ffef" ether provisions of tlx:s title .. .w:tl. any
ether- title of the—Tigar-d Munie=palCede
Oregon Revised Statutes, the fnest r-estriefive of
that imposing the highest st.,..,1a fd shall g
m..a In 06 § l 2010 9
EXHIBIT C-1—PACE 1
Chapter 2.52 ABANDONED,FOUND,
SEIZED AND STOLEN
PROPERTY.
Sections:
2.52.010 Custody Of Property.
2.52.020 Surrender To True Owner.
2.52.030 Sale Of Property.
2.52.040 Use Of Property By City.
2.52.050 Dangerous Or Perishable
Property.
2.52.060 Scope.
2.52.010 Custody Of Property.
Whenever any personal property other than a
motor vehicle, personal property, or signs
removed from the right-of-way pursuant to
Chapter is taken into the custody of any
department of the City by reason of its having
been abandoned, found, seized, or for any other
reason, the personal property shall be turned over
to and held by the police department at the
expense and risk of the owner or person lawfully
entitled to possession of it. (Ord. 10-06 § 2, 2010;
Ord. 81-37 §1, 1981).
(2.52.020 through 2.52.050 no change)
2.52.060 Scope.
This chapter shall apply to all personal
property, except motor vehicles, personal
property, or signs removed from the right-of-way
pursuant to Chapter 6.03 7-.61-, now or hereafter in
the custody of the City of Tigard. (Ord. 10-06 § 2,
2010; Ord. 81-37 §6, 1981).E
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EXHIBIT C-2-PAGE 1
Chapter 7.58 RULES OF CONDUCT ON regarding controlled substances, or engages in
CITY PROPERTY conduct that:
Sections:
a. Is classified as a felony,
7.58.010 General Purposes of Chapter misdemeanor, or violation under the
7.58.020 Definitions following Chapters of the Oregon Revised
7.58.030 Penalty for Violation Statutes, or is an attempt, solicitation or
7.58.040 Prohibited Acts Generally conspiracy to commit any such felony or
7.58.050 Consistency with State misdemeanor defined in ORS:
Criminal Law
7.58.060 Authority of the City i. Chapter 162 — Offenses
Manager Against the State and Public Justice;
7.58.070 Public Works Director to
make Rules and Regulations ii. Chapter 163 — Offenses
7.58.080 Rules of Conduct on City Against Person(s);
Property
7.58.090 Enforcement and Exclusion iii. Chapter 164 — Offenses
from City Property Against Property to include Offensive
7.58.100 Right to Appeal Littering;
7.58.110 Variances
iv. Chapter 165 — Offenses
Involving Fraud or Deception;
(7.58.010 through 7.58.080 - no change)
V. Chapter 166 — Offenses
Against Public Order; Firearms and Other
Weapons; Racketeering;
7.58.090 Enforcement and Exclusion
from City Property vi. Chapter 167 — Offenses
Persons who violate any of the Rules Against Public Health, Decency and Animals;
of Conduct on any City property may be vii. Chapter 475 — Controlled
immediately ejected from the premises and Substances; Illegal Drug Cleanup;
excluded from City property for a period of Paraphernalia; Precursors; or
thirty(30)to one hundred eighty(180) days.
b. Otherwise involves a
(1) In addition to other measures controlled substance; or
provided for violation of this Chapter, or any
of the laws of the State of Oregon, police c. Has resulted in injury to any
officers and authorized employees may person or damage to any property; or
exclude from City property, any person who,
while on that City property violates any law
EXHIBIT C-2-PAGE 2
d. Constitutes a violation of any rights protected by the state or federal
of the following provisions of the Tigard constitutions. However, a person engaged in
Municipal Code: such protected activity-who commits acts that
are not protected,but which violate applicable
i. TMC Chapter 7.20 — provisions or law, may be subject to
Offenses Against Persons; exclusion.
ii. TMC Chapter 7.24 — (2) An exclusion issued under this
Offenses Against Property; Chapter shall be for thirty (30) days. If the
person to be excluded has been excluded from
iii. TMC Chapter 7.28 — City property at any time within one year
Obstructing Law Enforcement; before the date of the present exclusion, the
exclusion shall be for ninety(90) days. If the
iv. TMC Chapter 7.32 — person to be excluded has previously been
Offenses Against Public Order; excluded from City property on two or more
occasions within one year before the date on
v. TMC Chapter 7.36 - the present exclusion, the exclusion shall be
Minors; for one hundred eighty(180) days.
vi. TMC Chapter 7.3 8 -
Truancy; (3) If the person's behavior does not
rise to the level of behavior described in
vii.TMC Chapter Title 6 section 1 (a)-(d) above, but is causing either a
7-49—Nuisance Violations; significant and immediate threat to public
health and safety, or a serious disturbance that
viii. TMC Chapter 7.52 — is preventing other people from enjoying the
Public Property Use; City property, the person may be excluded
from that City property for a period of twenty
ix. TMC Chapter 7.56 — four(24) hours only. If a person receives two
Indecent Conduct; twenty four (24) hour exclusions under this
section and then commits additional
x. TMC Chapter 7.70 — violations, any further exclusion the person
Second Hand Dealers and Transient receives under this section may be for a
Merchants; period of at least thirty(30)days.
xi. TMC Chapter 7.80 — (4) No person shall enter or remain
Camping Prohibited in Certain Places; in any City property at any time during which
there is in effect a notice of exclusion issued
e. Nothing in the City of Tigard under this Chapter excluding that person from
Municipal Code shall be construed to all City properties. A person who knowingly
authorize the exclusion of any person lawfully violates an order of exclusion from City
exercising free speech rights or any other
EXHIBIT C-2-PAGE 3
property commits the crime of Criminal information on the hearings and appeal
Trespass in the second degree(ORS 164.245). process shall be included with the notice.
(5) Before issuing an exclusion (7.58.100 through 7.58.110-no change)
under this Chapter, a police officer or
authorized employee shall first give the
person a warning and reasonable opportunity
to desist from the violation. An exclusion
shall not be issued if the person promptly
complies with the warning and desists from
the violation. Notwithstanding the provisions
of this subsection, no warning shall be
required if the person is to be excluded for
committing any act:
a. punishable as a misdemeanor
or felony,
b. involving controlled
substances,
c. which resulted in an injury to
any person,
d. which resulted in damage to
any property, or
e. City of Tigard Chapter
violation
(6) Written notice shall be given to
any person excluded from any City property
under this Chapter. The notice shall specify
the date, length and place of the exclusion;
shall identify the provision of law the person
has violated and contain a brief description of
the offending conduct. It shall be signed by
the issuing police officer or authorized
employee. Warnings of consequences for
failure to comply shall be prominently
displayed on the notice. All relevant
EXHIBIT C-2—PAGE 4
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EXHIBIT C-3-PAGE 1
Chapter 7.80 CAMPING PROHIBITED IN
CERTAIN PLACES.
Sections:
7.80.010 Definitions.
7.80.020 Camping Prohibited In Certain
Places.
7.80.030 Scheduling And Notice Of
Campsite Cleanup.
7.80.040 Removal, Storage And
Retrieval Of Personal Property.
7.80.050 Camping In Railroad Right Of
Way.
7.80.060 Violation.
7.80.070 Nonexclusive Remedy.
(7.80.010 through 7.80.050—no change)
7.80.060 Violation.
Violation of this chapter is a nuisance
affecting public health as described in section
6.01.050.0 7.40.030(b) of this code. Such
violation is a Class 1 civil infraction and may be
processed under chapter 1.16, Civil Infractions.
(Ord. 94-20)
(7.80.070-no change)
EXHIBIT C-3—PAGE 2
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EXHIBIT C-4—PAGE 1
Chapter 15.16 ENCROACHMENT
PERMITS.
Sections:
15.16.010 Encroachments Within
Unimproved Public Rights Of
Way,Easements And Public
Property.
15.16.020 Exemptions.
15.16.030 Permit Issuance.
15.16.040 Appeals.
15.16.060 Recording Of Permits.
15.16.070 Revocation Of Permits.
15.16.080 Removal Of Encroachment.
15.16.090 Liability.
15.16.100 Enforcement.
(15.16.010 through 15.16.090-no change)
15.16.100 Enforcement.
1. Installation or maintenance of an
encroachment in violation of TMC 15.16.010, or
failure to obtain an encroachment permit as
required by TMC 15.16.010, or to comply with
the terms and conditions of an encroachment
permit issued thereunder is hereby declared a civil
infraction subject to enforcement pursuant to
TMC Chapter 1.16.
2. Installation or maintenance of an
encroachment in violation of TMC 15.16.010, or
an encroachment permit issued pursuant to TMC
15.16.010 is hereby declared to be a public
nuisance as defined by TMC Section 6.01.050
Chapte 7-49, which may be abated pursuant to
TMC Chapter 1.16. (Ord. 99-31) ■
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EXHIBIT C-5—PAGE 1
Chapter 18.725
ENVIRONMENTAL PERFORMANCE STANDARDS
Sections:
18.725.010 Purpose
18.725.020 General Provisions
18.725.030 Performance Standards
18.725.030 Performance Standards
A. Noise. For the purposes of noise regulation, the provisions of Sections 7.40.130 thFatigh 7.40.210
6.02.410 through 6.02.470 of the Tigard Municipal Code shall apply.
B. Visible emissions. Within the commercial zoning districts and the industrial park(IP)zoning district,
there shall be no use, operation or activity which results in a stack or other point- source emission,
other than an emission from space heating, or the emission of pure uncombined water(steam) which
is visible from a property line. Department of Environmental Quality (DEQ) rules for visible
emissions(340-21-015 and 340-28-070)apply.
C. Vibration. No vibration other than that caused by highway vehicles,trains and aircraft is permitted in
any given zoning district which is discernible without instruments at the property line of the use
concerned.
D. Odors. The emission of odorous gases or other matter in such quantities as to be readily detectable at
any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors
(340-028-090)apply.
E. Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, which is visible at the lot line shall be permitted,and;
1. There shall be no emission or transmission of heat or heated air which is discernible at the lot line
of the source;and
2. These regulations shall not apply to signs or floodlights in parking areas or construction
equipment at the time of construction or excavation work otherwise permitted by this title.
F. Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or create a
health hazard.■
1C+XHIBIT C-5—PACE 2
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