Ordinance No. 01-13 T ,
CITY OF TIGARD,OREGON
ORDINANCE NO,01- /3
AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10, AND 7.100.40, OF THE
TIGARD MU-"TICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER
APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD
PUBLIC LIBRARY.
WHEREAS, certain sections of the Tigard Municipal Code referring to the operation of the library board
are outdated;
WHEREAS, current code provisions regarding exclusion from the Tigard Public Library are outdated
and/or ambiguous,and are in need of revision;
WHEREAS,the public interest is served by clarifying the Tigard Municipal Code in these areas;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 2.36.030(b)(1)of the Tigard Municipal Code is amended to read as follows:
(1) The temi for each library board members shall be four(4)years. Terms commence on
July 1 and end on June 30 four years after commencement. Existing members shall
complete their terms,with two terms ending each June 30 of each year,except that only
one term shall end on June 30,2005 and each fourth year after that.
SECTION 2: Section 2.36.030(b)(2)of the Tigard Municipal Code is amended to read as follows;
(2) The City Council shall appoint a person to a four year term on expiration of the term of
any member of the library board. If a vacancy occurs for any reason other than
expiration of a term, the City Council shall appoint a new member to serve for the
duration of the unexpired term. The library board shall advise the City Council of any
unfilled vacancies.
SECTION 3: Section 2.36.030(b)(3)of the Tigard Municipal Code is amended to read as follows:
(3) No person may serve more than two(2)consecutive full terms on the library board. A
person who is appointed to fill an unexpired term may serve two full consecutive terms
immediately after the partial term. A person who has served two consecutive full terms
may be appointed to the library board no sooner than one full calendar year after
expiration of the last term the person served. For purposes of this section,a person who
starts a full term is deemed to have served the full term, even if that person does not
complete the term.
SECTION 4: Section 2.36.030(d)of the Tigard Municipal Code is amended to read as follows:
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(d) Officers. The library board shall, at its first meeting after July 1 of each year, elect a
chairperson and a chairperson pro tem. The chairperson shall preside over meetings of
the board,and the chairperson pro tem shall preside over meeting when the chairperson
is absent. If both the chairperson and the chairperson pro tem are absent and a quorum
is present, the members present shall by motion decide which of the members present
shall preside over the meeting. Any member may preside over the motion to elect the
person to preside over a single meeting. If the chairperson or chairperson pro tem
should resign,the board shall elect a replacement at the first possible opportunity. All
terms as chairperson or chairperson pro tern shall terminate on election of a successor.
SECTION 5: Section 2.36.030(e)shall be added to the Tigard Municipal Code and read as follows:
(5) The Director of Library Services or designee shall serve as secretary to the library board
and shall keep accurate records of all board meetings, which records shall be made
available to the city manager,city council,and the public.
SECTION 6: Section 2.36.040(1)of the Tigard Municipal Code is amended to read as follows:
(1) To represent the community and to communicate the library needs of the community to
the City Council;
SECTION 7: The following sentence which appears at the end of Chapter 2.36 is deleted:
For statutory provisions enabling a city to establish, equip and maintain a free library,
see ORS 357.410.
SECTION 8: Section 7.100.10.A of the Tigard Municipal Code is amended to read as follows:
A. A person may be excluded from the Tigard Public Library for a period of up to ninety
(90)days if the person commits one of the following acts:
1. Theft of Tigard library materials or unlawful detention of Tigard library property;
2. Acts that constitute any degree of any of the following crimes or violations under
state law or this code, if committed within the Tigard Public Library or on Tigard
Public Library grounds:
a. Assault;
b. Stalking;
c. Criminal Mischief;
d. Riot or disorderly conduct;
e. Menacing;
f. Recklessly endangering another;
g. Harassment;
h. Unlawfully applying graffitti;
i. Possession of a firearm or dangerous weapon in a public building;
j. Criminal trespass.
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Page 2
3. Refusing to leave the library when told to do so by library personnel or a police
officer,or returning to the library on the same calendar day after being told to leave.
SECTION 9: Section 7.100.30 of the Tigard Municipal Code is amended to read as follows:
Within thirty (30) days of the actions listed in Section 7.100.10.A as a basis for
exclusion or within thirty(30)days of the issuance of a second warning notice,the City
may issue a written exclusion notice excluding the person from the Tigard Public
Library. The notice shall specify that the person is to be excluded from the Tigard
Public Library,the period of exclusion,and the time the exclusion is to commence. The
notice shall provide information concerning the right to appeal the exclusion notice to
the Civil Infractions Officer. The City employee issuing the notice shall ask the person
to whom the exclusion notice is issued to sign an acknowledgment of the notice. If the
person to whom the notice is issued refuses to sign, the person issuing the notice shall
make a written record of the refusal. The exclusion notice may be issued at the time of
arrest,if an arrest is made.
At the time of the occurrence of any conduct listed in Section 7.100.10.B,the City may
issue a written warning notice. The notice shall describe the reason why the warning is
issued and state that a second notice within ninety (90) days shall be grounds for
exclusion or loss of library privileges. The warning notice shall contain information
concerning the right to seek vacation of the order by submitting a written appeal to the
Director of Library Services within five(5)days of the issuance of the warning notice.
If the Director of Library Services receives a written appeal of a warning notice, the
Director of Library Services may vacate the notice on a determination that the actions of
the person to whom the notice was issued did not justify a warning notice.
SECTION 10: Section 7.100.40.A of the Tigard Municipal Code is amended to read as follows:
An appeal of the exclusion must be filed,in writing,within five(5)calendar days of the
notices issuance with either the office of the Director of Library Services or the Chief of
Police. The notice of appeal shall include the following:
1. the appellant's name,address and telephone number;
2. a concise statement as to why the issuance of the exclusion notice was in error;and,
3. a copy of the notice of exclusion appeal form.
SECTION 11: Section 7.100.40.0 of the Tigard Municipal Code is amended to read as follows:
C. At the hearing on appeal,the City shall have the burden to show by a preponderance of
the evidence that the exclusion is justified by this chapter.
SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
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Page 3
PASSED: By UnQX11rS'L-LS vote of all Council members present after being read by number and
title only,this 2day of.,. 2001.
&dwrine Wheatley,City Recorder
APPROVED: By Tigard City Council this day o ,2001.
es E. r
Approved as to form-
_
Attorney
u�us a8v�(
Date
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Page 4
TIGARD MUNICIPAL CODE
Chapter 2.36. PUBLIC LIBRARY•. mayor,subject to confirmation by the city council,
shall appoint a person to a four-year term. If a
2.36.010 Title. vacancy occurs for any reason other than
2.36.020 Established. expiration of a term, the mayor, subject to
2.36.030 Board—Established—Term— confirmation by the city council, shall appoint a
Appointment-Meetings new member to serve for the duration of the
2.36.040 Board—Responsibilities. unexpired term.
2.36.050 ionated funds.
2.36.060 Fees. (3) No person may serve
more than two full consecutive terms on the
2.36.010 Tiola.. library board,notwithstanding prior appointment
to an unexpired term. After a one-year interval,a
The ordinance codified in this chapter former member who had served two terms may
shall be known and may be cited as "The City of be reappointed.
Tigard Library Ordinance."(Ord.72-30§1,1972).
(4) Members of the library
board shall receive no compensation.
2.36.020 Established.
(c) Meetings. The library board shall
A public library is established in and for meet at least six times a year and every meeting of
the city of Tigard,Oregon.(Ord.72-30§2,1972). the board shall be publicized in advance and shall
be open to the public.
2.36.030 Board—Established—Term—
Appointment-Meetings (d) Officers. The library board shall,
—Officers. at its first meeting after July 1, 1977, and at least
annually thereafter elect a chairman and a
(a) Established. There is established chairman pro tem. The chairman shall preside
library board of seven members,six of whom shall over the meetings of the board. The head
be residents of the city and one of whom may librarian, or his authorized designee, shall serve
reside within or outside the Tigard corporate as secretary to the library board and shall keep
its. accurate records of all board meetings which
records shall be made available to the city
(b) Term. administrator, city council and interested public
upon request. (Ord.8435§§l,2, 1984:Ord.77-57
(1) The trurms of the member.- §1,1977.Ord.72-30§3,1972).
presently serving on the library board shall
terminate according to the following schedule: 2.36.040 Board—Responsibilities.
Mary Slemmons,June 30,1978; The library board shall have the following
Don Jacobs,June 30,1978; responsibilities:
New Member,June 30,1979;
New Member,June 30,1979; (1) To represent the library needs of
Yvonne Burgess,June 30,1980; the community and communicate those needs to
Jeri Cundiff,June 30,1980; the city council;
Betsy Chick,June 31,1981.
(2) To recommend library policies as
(2) At the expiration of the deemed desirable in the operation and utilization
term of any member of the library board, the of library facilities to the council;
2-36-1 Reformatted 1994
TIGARD MUNICIPAL CODE
(3) To encourage and support active
volunteerism in support of the use and
improvement of library facilities,
(4) To advise, as the council may
request, in furtherance of the goal to provide the
best library service to the public as possible within
the constraints of available resources, space and
manpower. (Ord. 91-20.§1, 1991: Ord. 77-57 §2,
1977:Ord.72-30§4,1972).
2.36.050 Donated funds.
All funds donated to the city for library `
purposes shall be subject to the same rules,
regulations and expenditure control as applicable
to appropriated funds; provided, however, that
such donated funds shall be accounted for under
the caption of"public library donations,"and such
funds shall be subject to expenditure only for the
purposes for which donated, except that funds
received from donors without specific limitations
as to use may be used for general library
purposes.(Ord.72-30§5,1972).
2.36.060 Fees.
(a) Users and patrons who reside in
or have their business in the city limits of Tigard
shall not be required to pay a library privilege fee,
but shall be liable to pay such fines or late charges
as may be prescribed by resolution of the council.
(b) All fees and charges received
shall be accounted for as general fund receipts
under the heading of"public library." (Ord. 84-35
§3,1984:Ord.76-55§1,1976:Ord.72-30§6,1972).
" For statutory provisions enabling a city to
establish, equip and maintain a free library, see
ORS 357.410.0
2-36-2 Reformatted 1994
TIGARD MUNICIPAL CODE
Chapter 7.100, EXCLUSION FROM TIGARD S. Possession of a firearm or
PUBLIC LIBRARY dangerous weapon in a public building as
prohibited by ORS 166.370(1995);
7.100.10 Exclusion from Tigard Public
Library 9. Menacing as defined in Tigard City
7.100.20 Persons Authorized to Issue Code Section 7.20.020,
Exclusion or Warning Notices.
7,100.30 Issuance of Exclusion Notices or 10. Recklessly endangering another
Warning Notices. person as defined in Tigard City Code 7.20.030;
7.100.40 Right of Appeal.
7.100.50 Variances. 11. Harassment as defined in Tigard
City Code 7.20.040;
7.100.10 Exclusion from Tigard Public
Library 12. Criminal Trespass as defined in
ORS 164.243 to 164.265(1995)
A. A person is subject to exclusion from the
Tigard Public Library for a period of up to ninety B. In addition to the above, a person is
(90) days in the event they have been arrested subject to exclusion or may otherwise have their
and/or convicted for any of the following library privileges restricted or suspended for a
conduct: period of up to ninety(90)days in the event they,
(or a person under their control or direction)has
1. Assault as defined in ORS Chapter been issued at least two (2) Tigard Library
163 (1995) in and/or around the Tigard Public warning notices within any ninety(90)day period
Library, for any of the following conduct:
2. Stalking as defined is ORS Chapter 1. Sleeping using bedding, sleeping
163(1995); bag or other sleeping matter in the Tigard Public
Library unless such use has been approved in
3. Theft as defined in ORS Chapter advance by the Director of Library Services;
164(1995)of Tigard library materials;
2. Use of Tigard Public Library
4. Criminal mischief as defined in facilities and/or equipment for activities
ORS Chapter 164(1995); unrelated to the purposes of the Library as those
purposes may be determined by the Tigard
5. Any of the graffiti-related offenses Library Board.
as defined in ORS Chapter 164 (1995) involving
publicly owned structures within the city limits of 3. Loud or excessive noise or use of
Tigard; amplified recording or sound production
equipment including but not limited to radios,
6. Wilful detention of library property tape recorders, compact disc (CD) players such
as defined in ORS 357.975(1995); that the sound produced thereby is audible five
(5)feet from the device unless such use has been
7. Riot, disorderly conduct, or approved in advance by the Director of Library
harassment as defined in ORS 166.015, 166.025, Services.
166.065(1995);
C. As used in subsection (A) above, the
term "library privileges" means the ability to
obtain the free use of any printed material,
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TIGARD MUNICIPAL CODE
pictures, sound recordings or symbols as may be
kept in whatever form or manner,be it owned or At the time of the occurrence of any conduct
controlled by the Tigard Public Library or other identified in TCC Section 7.100.10A (or within
public or private libraries with which Tigard may thirty(30)calendar days thereafter)the Director of
through agreement or otherwise have access. Library Services (or such other Library personnel
(Ord.96-15) as the Director of Library Services from time to
time may authorize) may issue a written Tigard
7.100.20 Persons Authorized to Issue Library Warning Notice. The notice shall specify
Exclusion or Warning Notices. that in the event a second notice is issued to the
individual within the time specified in TCC
The Chief of Police and the Director of Section 7.100.10B, that person shall be subject to
Library Services are hereby designated as the exclusion from the Tigard Public Library and/or
persons-in-charge of the Tigard City Library for lose such other privileges as the Director of
purposes of issuing exclusion notices in Library Services may in their discretion determine
accordance with this Chapter. Either the Chief or to be appropriate for a period of up to ninety(90)
the Director of Library Services may authorize days. The Warning Notice shall also contain
other Police or Public Library personnel to issue information concerning the right of the individual
exclusion notices consistent with this Chapter and, to seek its vacation by appealing to the Director of
in addition to the ability to authorize personnel Library Services within five (5) days of its
issuance of exclusion notices under this Chapter, issuance.(Ord.96-15)
the Director of Library Services may also
authorize personnel under his or her direction and 7.100.40 Right of Appeal.
control to issue Tigard Public Library Warning
Notices.(Ord.96-15) The individual to whom an exclusion notice
is issued shall have the right to an appeal from the
7.100.30 Issuance of Exclusion Notices or issuance of the notice.
Warning Notices.
A. An appeal of the exclusion must be
At the time of the arrest of an individual for filed, in writing, within five (5) calendar days of
any of the conduct(s) identified in TCC Section the notice's issuance with either the office of the
7.100.10 A, (or within thirty (30) calendar days Director of Library Services or the Chief of Police.
thereafter)the arresting officer,the Chief of Police The notice of appeal shall state the following:
or the Director of Library Services (or such other
person(s) as either the Director of Library 1. the appellants name;
Services or Chief may have authorized)may issue
a written exclusion notice excluding the person 2. their address and a telephone
from the Tigard Public Library. The notice shall number where they can be reached;
specify that the person is to be excluded from the
Tigard Public Library,the period of the exclusion, 3. a concise statement as to why the
the time the exclusion is to commence as well as issuance of the exclusion notice was in error;and,
contain information concerting the right to appeal
the exclusion notice to the Civil infractions officer 4. attach a copy of the notice of
as provided for under Chapter 1.17 of this Code. exclusion appealed from.
The person to whom the exclusion notice is issued
shall sign a written acknowledgment of the receipt A hearing on the appeal shall be had as
of the exclusion notice;if the person refuses to so provided for in Chapter 1.17 of this Code and take
sign, the arresting officer shall make a written place no more than ten (10) calendar days after
record of the refusal
7-100-2 Rev.4/23/96
TIGARD MUNICIPAL CODE
the filing of the appeal, except in the event the
Civil Infractions Officer determines otherwise.
B. The exclusion shall not take effect
during the pendency of the appeal. In the event
no appeal is properly and timely filed, then the
exclusion shall take effect on the sixth calendar
day following the issuance of the notice.
C. The City shall have the burden to show
by a preponderance of evidence that the exclusion
is based on conduct enumerated in TCC Section
7.100.10A or is based on the issuance of two
Tigard Public Library Warning Notices for the
conduct Identified in TCC Section 7.100.10B. A
determination by a court of competent jurisdiction
that the arresting officer had probable cause to
effect the arrest of the individual for the conduct
used as the basis of the exclusion shall be prima
facie evidence that the exclusion is well founded.
D. Copies of any and all documents in its
control which are intended to be used by the City
at the hearing shall be grade available to the
appellant at least two (2) days in advance of the
hearing.(Ord.96-15)
7.100.50 Variances.
Variances from the exclusion may be granted
at any time during the exclusion by either the
Chief of Police or the Director of Library Services.
(Ord.96-15)0
7-100.3_ Rev.4/23/96