Ordinance No. 02-05 CITY OF TIGARD, OREGON
ORDINANCE NO. 02- �JC�
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODES 3.36.070, 5.04.160, 5.04.173, 5.14080,
7.70.030, 10.50.040, 11.04.060, 11.08.030, 11.08.060 AND 11.08.123 TO REMOVE REFERENCES TO
FEES AND CHARGES AND UPDATE THE CODE LANGUAGE TO STATE THAT FEES AND
CHARGES SHALL BE SET BY RESOLUTION.
WHEREAS,the Tigard Municipal Code(TMC)contains references to fees and charges; and
WHEREAS, the City Council desires to set fees and charges by one master resolution to be updated on an
annual basis; and
WHEREAS,the fees and charges in the TMC should be identified,removed from the TMC and transferred
to the master resolution.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The TMC is amended as outlined in the attached Exhibit A.
SECTION 2: 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 UO Un 1muuS vote of all Council members present after being read by number and
title only,this �-'Oday of 2002.
Catherine Wheatley,City Recorder
Y�
APPROVED: By Tigard City Council this� day of4
6t/r-t.t0- 2002.
J es E. Griffih,AT
Appro form:
City Attoine
Date
ORDINANCE No. 02-C
Page 1
EXHIBIT A
equip, operate and maintain within and without
the city limits of the city of Tigard, Oregon, open PW@1414g+1144 SPI T' D@r-14401#4rS
drainageways, underground storm drains, 1�Itiple 4- ,@1144 g+wit pe f
equipment and appurtenances necessary, useful or to toe, aea+est
convenient for a complete storm drainage system; S T no,.,,401#4 $0.75
and also including maintenance, extension and Mobile lieffle eatii4 per-E914
reconstruction of the present storm drainage tee aear-est0.1 ESU Per-fflaf#4r$4TS
system of the city. (Ord. 82-71 §2, 1982). Gaffl. er-e;.,' Rod iff"S* ift
3.36.030 Charges and fund established. 0.-I -PcT T 12@r-R401#4 en�c
la4p-O ,o,apr-@a4ises r�
There is established and imposed upon all 4^*^*''� _���� slibjeet to
premises which have been improved within the the .,i p*e fes per.F4cTT
city of Tigard just and equitable charges for storm is t 4 PV 4_4 _F PV 14 n -1 -PcrT Per-,,4at#4 $4.74
drainage service or subsequent service :z elm e Per-fflaf#4 en�c
maintenance, operation and extension; and to
establish a storm drainage proprietary fund for the
foregoing purposes. (Ord. 83-35 §2, 1983: Ord.
82-71 §3, 1983). A,,,t;„4 t 444444He t„ . C-RA-1-4 „9
(Ord. Q�s;, �44 All rates shall be set by
3.36.040 Charges--Collection. resolution of the City Council.
The charges may be collected with the 3.36.080 Expenditure of funds.
monthly sanitary sewer bill for those connected to
sewer or billed alone as storm drainage charge for The city shall develop and adopt policies,
those users not connected to or not otherwise standards, and financial incentives to promote,
charged for sanitary sewer.(Ord. 82-71 §4, 1983). regulate and administer the city's master drainage
plan. The council shall provide, by resolution, for
3.36.050 Charges--Use. a method of expenditure of funds collected
pursuant to Section 3.36.030 of this chapter so
Such charges shall be paid by those liable that those service charge funds are expended in
therefor and placed in a storm drainage fund into proportion to an areas contribution to storm
which all of the charges so collected shall be drainage requirements. (Ord. 82-71 §8, 1983).
deposited and kept as a fund to be used only for
the purposes aforesaid. (Ord. 82-71 §5, 1983). 3.36.090 Payment required.
3.36.060 Determination of service. Every person subject to a charge provided
herein shall pay the same,when due, to the city of
The city council determines that property Tigard. (Ord. 82-71 §9, 1983).
not used for single-family dwelling purposes is
furnished service in proportion to the amount of
the property's impervious surface, and that an
equivalent service unit is adopted based upon the
average impervious surface of a random sample
of single-family lots within the Tigard area. (Ord.
82-71 §6, 1983).
3.36.070 Rates established.
Too _4 .,4144,..,tom
1
EXHIBIT A
5.04.120 Issuance of business tax. 5.04.150 Reissue of tax receipt.
(a) The city shall collect all taxes and A business tax receipt may be reissued if
shall issue receipts under the provisions of this incorrect information is recorded on the
chapter. The city shall promulgate and enforce certificate.
rules and regulations necessary for the operation
and enforcement of this chapter. Such rules shall (1) If the reissue is the result of
be available to the public upon request. incorrect information due to an error by the city or
a city employee, there will be no fee.
(b) Business which constitute a home
occupation as defined in Chapter 18.385.020 of (2) If the reissue is the result of
the Tigard community development code shall incorrect information due to an error by the
have a valid home occupation permit prior to the applicant or an agent of the applicant, a reissue fee
issuance of a business tax receipt. All other in the same amount as the initial issue fee will be
business tax receipts shall be issued upon written required.
application and receipt of the applicable tax by the
city. (3) If a business tax receipt holder
relocates during the calendar year, city files will
(c) A duplicate tax receipt shall be be updated but a new receipt will not be issued
issued by the city to replace any receipt previously until the next renewal receipt is issued. (Ord. 88-
issued which has been lost, stolen, defaced, or 13 §1(Exhibit A)(part), 1988).
destroyed, without any wilful conduct on the part
of the business taxpayer upon the filing by the 5.04.160 Fee schedule.
business taxpayer of a statement attesting to such
a fact and paying the city a fee of ten dollars. (a)
(Ord. 88-13 §1(Exhibit A)(part), 1988).
5.04.130 Procedure for obtaining and
displaying a receipt.
(a) All business tax receipts shall be U-444'e-rsg '-At;41 4 444444;41
issued upon written application and receipt of the Ei�'e@s R4@4-4-ttI a B si ss x
applicable tax by the city.
55.00
(b) The business tax application shall -IT50 z8.n090.n�00
be completely filled out before a tax certificate is 51 or-i+la fe z8.00 100.00 zz8.00 All
issued. (Ord. 88-13 §1(Exhibit A)(part), 1988). fees shall be set by resolution of the City Council.
5.04.140 Display. A business tax receipt will be valid from
the date of payment through December 31 st of
Upon payment of the business tax, a that year.
person shall be issued a receipt by the city, which (b) The initial payment of an annual
receipt shall be kept posted in a conspicuous place business tax can be made at any time. Thereafter
on the business premises at all times. If there is the annual tax shall be due in full January 1st.
no physical structure on which to display the The annual fee will be prorated for those
receipt, the receipt shall be in the possession of businesses who begin operation after January ls`
the representative of the business present within e0f-d Ng W t4@ f!!W 'iNg SVV4@ 44'0:
the city at all times during which business is being
transacted. (Ord. 88-13 §1(Exhibit A)(part), ,.T, 44-h-o,.^-ff4" *� �
1988).
2
EXHIBIT A
in Chapter 1.16 of this code, Civil Infractions.
$4.58 SP.'7 S19. fef J-44; 944
��02,44 iee44.e�l A44 AF (b) Each violation of a separate
hef,qre—tl402,�'544 Af 4402, provision of this chapter shall constitute a separate
R4 A4444 infraction, and each day that a violation of this
chapter is committed or permitted to continue
-2.29 4.59 9.1&r-t4eiaitial in shall constitute a separate infraction.
154 A f 40 R4 ARt-i. (c) A finding that a person has
committed a civil infraction in violation of this
x.58 917 'Q.�� f r PRA^'4 R4 A444 AU®RF 4®R chapter shall not act to relieve the person from
J444JA' MA444 4444*' payment of any unpaid business tax, including
1404* 44444^" "ft delinquent charges, for which the person is liable.
eyele begs s (ja-F a+ , 1) The penalties imposed by this section are in
addition to and not in lieu of any remedies
(c) There will be no business tax available to the city.
refunds for businesses who cease operation or
who move out of Tigard during the tax year. (d) Payment of the business tax after
(Ord. 88-13 §I(Exhibit A)(part), 1988). the complaint and summons is served is not a
defense.
5.04.173 Temporary business.
(e) If a provision of this chapter is
(a) A temporary business as defined violated by a firm or corporation, the officer or
in Section 5.04.0300), must comply with all officers, or person or persons responsible for the
regulations in this chapter. violation shall be subject to the penalties imposed
by this chapter. (Ord. 88-13 §1(Exhibit A)(part),
(b) The business tax fee for a 1988).
temporary business shall bei set by
resolution of the City Council. A business tax
receipt for a temporary business shall be valid
until the initial temporary use permit expires.
Any extension or renewal of a temporary use
permit shall require an additional business tax
payment. (Ord. 88-13 §1(Exhibit A)(Part), 1988).
5.04.180 Enforcement.
The city is authorized to conduct
inspections to insure the administration and
enforcement of this chapter. The code
enforcement officer(s) shall be responsible for the
enforcement of this chapter. (Ord. 88-13
§1(Exhibit A)(part), 1988).
5.04.190 Penalties.
(a) Violation of this chapter shall
constitute a Class 2 civil infraction which shall be
processed according to the procedures established
3
EXHIBIT A
way without a franchise. The City may grant a 5.14.070 Term
franchise allowing use of any right of way for any
portion of a telecommunications system, Unless otherwise specified in the franchise
consistent with the regulations established in or agreement and resolution or ordinance, franchises
under the authority of this chapter. shall be in effect for ten years but in no case shall
exceed 15 years.
5.14.050 Grant of Franchise
5.14.080 Franchise Fee
(a)To competitive telecommunications
service providers. The City Council may grant (a)Any person applying for a franchise
by resolution a telecommunications franchise to (including an application for renewal) shall pay an
any person providing competitive application fee to cover the cost of processing the
telecommunications services who has submitted application. The City Council shall establish the
an application, meets the requirements of this fee by resolution.
Chapter, and agrees to sign the City's standard
franchise agreement without modification. The (b)
franchise shall not be effective until the applicant 1 4aftehise fee 4 4+e ^fflatiat of $7,50
signs the City's standard Telecommunications
Franchise Agreement. The City Council shall : The annual fee
approve the form of the standard incldued in the franchise agreement shall be the
Telecommunications Franchise Agreement by amount or amounts contained in the Master Fee
resolution. Resolution in effect at the time the franchise
agreement is adopted.
(b)To others. The City Council may grant
telecommunications franchises in any other (1) Far- +161ities
circumstance by ordinance. Any franchise
ordinance shall not be effective until a franchise
agreement is entered into by the City and the (as defified i-4-4- WARS 404.710) f+et44 e+istet44er-s
franchisee. 41*4444444�o r4 , l@SS „ot , >>o �;i.�o� 1 ,,.i,
(c)Nonexclusivity. All telecommunications
franchises granted to competitive T ^ distaffeePfE)N4jere—«
telecommunications service providers shall be prate—net s, $?.simper haeaf €sate€
nonexclusive.
5.14.060 Privilege Granted
94 For-681:Afetiti 44404:114 A444 All
The franchise shall grant a privilege to use ^*'4-0r ^N^'' ���� T44-^ MFOV 140t S4' eet to
rights of way consistent with the requirements of „i.so^*-^NS (1) affa ('" f;. eat of gr-es
this chapter. The franchise does not convey any f@NT@fM@S g@140-2-F-40-Rd-a 41444t4@ G4y.L1) Gross
right, title or interest in the right of way. revenue generated within the City includes
monthly service charges paid by customers within
the City,the full amount of charges for separately
charged transmissions originating and received
within the City,half the amount of separately
charged transmissions that either originate or are
received within the City but are received or
originate outside the City, any amounts received
for rental of facilities within the right-of-way, and
4
EXHIBIT A
person not representing a business which is special license. A copy of the report of the chief
required to be issued a business tax receipt or shall be provided to the applicant. The applicant
special certificate under Chapter 5.04 of the may appeal the determination of the chief to the
Tigard Municipal Code, and who appears with city council. A decision by the city council to
such articles at the dealer's place of business. grant or deny a permanent special license may be
reviewed further in accordance with ORS 34.010
(k) "Transient merchant" means any to 34.100.
person:
(c) The following shall be grounds
(1) Engaged in the business for denial of the issuance of a temporary or
of purchasing precious metals or gems in the city, permanent special license by the chief and city
council:
(2) Engaged as an itinerant
business or temporary business under the (1) Conviction of a crime
provisions of the Tigard Municipal Code Chapter involving moral turpitude; or
5.04; and
(2) Evidence that the
(3) Engaging in the business applicant has not complied with similar
of purchasing such precious metals or gems from ordinances or laws in other jurisdictions; or
any person not representing a business which is
required to be issued a business tax receipt or (3) Noncompliance of the business or
special certificate under Chapter 5.04 of the applicant with state and local laws; or
Tigard Municipal Code, and who appears with
such articles at the dealer's place of business. (4) Misrepresentation of
(Ord. 83-26 §1, 1983). information in the application.
7.70.030 Special license required. (d) The fee for such special licenses
issued pursuant to this ordinance shall be tee
(a) It is unlawful to operate as an del a+s per- yga set by resolution of the City
antique, precious metal or gem, scrap metal, Council. Every special license issued shall expire
secondhand dealer, or transient merchant without on January 15th of each year and shall be renewed
first obtaining a special license. Such special upon payment of the fee, unless not renewed for
license shall be required in addition to a business the grounds listed in Section 7.70.110(b) of this
tax receipt or special certificate which is required chapter. (Ord. 83-26 §3, 1983).
under Chapter 5.04 of the Tigard Municipal Code,
or any other city license or permit. 7.70.040 License to be
conspicuously posted
(b) Application for such license shall
be made upon standard forms issued and kept by Every transient merchant shall possess
the chief. Upon application for a special license, and shall post in a conspicuous manner at any
the chief may issue an appropriate temporary place where the merchant is engaging in business,
license to be valid for the period of time stated on the special license required by this chapter. (Ord.
its face, said period of time not to exceed thirty 83-26 §10, 1983).
days. The application or a copy thereof shall be
referred to the chief for investigation prior to
issuance of a permanent special license. If it
appears from such investigation, or otherwise, that
a permanent special license should not be issued
to the applicant, the chief shall notify the city
council to that effect and shall set forth the
reasons why the applicant should be denied a
5
EXHIBIT A
10.50.040 Permit application--Fee. (d) A fee of*e„ dellars shall be paid
prior to the issuance of a permit. The fee shall be
(a) Application for a permit to move set by resolution of the City Council. Should it be
an oversize load shall be made to the building necessary for the city to provide any assistance in
official on forms provided by the building official the moving of an oversize load, the applicant shall
and shall include the following information: pay an amount equal to the cost of labor and/or
materials, or any other cost incurred by the city.
(1) The name and address of These fees, pursuant to this section may be
a person who owns the oversize load; amended by the city council by resolution. (Ord.
90-18 §1(part), 1990)
(2) The name and address of
a person engaged to move the oversize load; 10.50.050 Permit for moving or
relocating a building onto a lot.
(3) The location from which
the oversize load is proposed to be moved; The movement or relocation of any
building or structure (which would otherwise
(4) The proposed new site of require the issuance of a building permit), within
the oversize load and its zoning classification (if or into the city, to be placed on a lot within the
in the city); city, shall in addition to the provisions of this
chapter, comply with Chapter 14.20. (Ord. 90-18
(5) The proposed route for §1(part), 1990)
moving the oversize load,
10.50.060 Protection of public and
(6) The dimensions, type of private property and utilities.
construction and approximate age of the oversize
load; (a) The issuance of an oversize load
permit is not an approval to remove, alter,
(7) The use or purpose for interfere or endanger any public or private
which the oversize load was designed; property, or utility without first having obtained in
writing, the permission of the property owner(s),
(8) The use or purpose to be utility, or public entity to do so.
made of the oversize load at its new location (if in
the city); (b) The applicant shall have made
arrangements to the satisfaction of the owner(s),
(9) The proposed moving utility or public entity for protecting the
date and hours of moving; installations or property, paying for whatever
damage the moving causes them, and for
(10) Any additional reimbursing the owner(s), utility or public entity
information the building official considers for any costs of removal and reinstallation of the
necessary for a fair determination of whether the property that the move necessitates. (Ord. 90-18
permit should be issued. §1(part), 1990)
(b) In situations where the city's
design review standards apply, the applicant shall
also make application and submit all necessary
information for design review approval.
(c) An application shall be signed by
the owner of the oversize load to be moved or by
the person engaged to move the building.
6
EXHIBIT A
for collection by a permittee, belongs to the 1986; Ord. 78-64 §4, 1978).
permittee.
11.04.050 Franchise--Term--
G. No person shall deposit material Automatic renewal when.
in or remove material from any drop box or
container supplied by a franchisee without A. The rights, privileges and initial-
permission of franchisee. franchise granted herein shall continue and be in
full force to and including the thirty-first day of
H. No person shall take or remove December, 1988, subject to terms, conditions and
any solid waste placed out for collection by a payment of franchise fees to the city as set forth in
franchisee or permittee under this chapter. this chapter.
I. Notwithstanding other provisions B. Unless the council acts to
of this section, if the council finds that on-route terminate further renewals of the franchises herein
recycling is technologically and economically granted: each January 1st, the franchises are
feasible and directs that it be instituted: automatically renewed for a term of ten years
from the January 1st renewal; on January 1, 1993,
1. Franchisees shall be the franchises are automatically renewed for term
given advance notice of a hearing on the subject of nine years; on January 1, 1994, the franchises
and an opportunity to be heard; are automatically renewed for a term of eight
years; and, on January 1, 1995, and on each
2. If, after the hearing and January 1st thereafter, the franchises are
on the basis of written findings, the council directs automatically renewed for a term of seven years
the service be provided, the franchisees shall be from the January 1st renewal. (Ord. 92-36 §1,
given a reasonable opportunity to provide the 1992; Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-
service or subcontract with other persons to 64 §5, 1978).
provide it;
11.04.060 Franchise--Fees.
3. If franchisees do not
provide the service within the specified reasonable A. F4eti*@ 31r', sAs
time, the council may issue a franchise or compensation for the franchise granted to each
franchises for that service and limited to on-route franchisee and for the use of city streets,the
recycling. A franchisee under this subdivision I franchisee shall pay to the city a fee
shall comply with all applicable requirements of per-ee„*Of gFOSS eaS tS F _.'tiag 4 0i, the
r------- -- a-___ - -fir-- - --a -
this chapter. S0141.„Ste SeP,46eS 6014diieted, fide..the 4.,*6hiS„
the amount of which is contained in the Master
4. Nothing in this subsection Fee Resolution in effect at the time the franchise
shall prevent the franchisees from instituting on- agreement is adopted. Such fees shall be
route recycling prior to a council determination computed on a quarterly basis and paid within
nor from including income and expense in the rate thirty days following the end of each quarter
justification section. calendar year period. Each franchisee shall
maintain an adequate bookkeeping system
5. Section 11.04.070(10) showing the gross cash receipts resulting from the
requires franchisees to provide the opportunity to solid waste services conducted under the
recycle, to include on-route recycling, in franchise. Records shall be open at all times for
accordance with applicable law. This subsection audit by authorized personnel designated by the
is intended to provide a process by which the
council may create on-route recycling
requirements in addition to those found in other
applicable law. (Ord. 99-18; Ord. 99-03; Ord. 91-
36 §1 Exh. A(part), 1991: Ord. 86-66 §§1, 2,
7
EXHIBIT A
Chapter 11.08 BURGLARY AND structure or facility.
ROBBERY ALARM SYSTEMS
(b) "Alarm system" means any
Sections: assembly of equipment, mechanical or electrical,
arranged to signal the occurrence of an illegal
11.08.010 Purpose and scope. entry or other activity requiring urgent attention
11.08.020 Definitions. and to which police are expected to respond.
11.08.030 Alarm user permits required.
11.08.050 Senior citizens' exemption. (c) "Alarm user" means the person,
11.08.060 Charge for failure to obtain or firm, partnership, association, corporation,
renew permit. company or organization of any kind in control of
11.08.080 Exemption for governmental any building, structure or facility in which an
political unit. alarm system is maintained.
11.08.090 Emergency notification
resources person. (d) "Automatic dialing device" means
11.08.100 User instructions. a device which is connected to a telephone line
11.08.110 Automatic dialing device-- and is programmed to select a predetermined
Certain interconnections telephone number and transmit by voice message
prohibited. or code signal an emergency message indicating a
11.08.121 Response to alarms. need for emergency response.
11.08.123 Excessive false alarms and fee
assessment. (e) "Burglary alarm system" means
11.08.124 No response to excessive an alarm system signaling an entry or attempted
alarms. entry into the area protected by the system,
11.08.125 Appeal of false alarm. inclusive of silent and audible alarm systems.
11.08.130 Confidentiality--Statistics.
11.08.140 Allocation of revenues. (f) "Coordinator" means the
11.08.150 Enforcement and penalties. individual designated by the chief of police to
manage and enforce the provisions of this chapter.
11.08.010 Purpose and scope.
(g) "Dispatch center" is the city
(a) The purpose of this chapter is to facility used to receive emergency and general
protect the emergency services of the city from information from the public.
misuse.
(h) "False alarm" means an alarm
(b) This chapter governs burglary and signal eliciting a response by police when a
robbery alarm systems, requires permits, situation requiring a response by the police does
establishes fees, provides for revocation of not in fact exist. It does not include an alarm
permits, and provides for punishment of signal caused by violent conditions or nature or
violations. (Ord. 82-32 §2, 1982). other extraordinary circumstances not reasonably
subject to control by the alarm business operator
11.08.020 Definitions. or alarm user.
(a) "Alarm business" means the (i) "Governmental political unit"
business by any individual, partnership, means any tax-supported public agency.
corporation, or other entity of selling, leasing,
maintaining, servicing, repairing, altering, "Interconnect" means to connect
replacing, moving or installing any alarm system an alarm system including an automatic dialing
or causing to be sold, leased, maintained, device to a telephone line, either directly or
serviced, repaired, altered, replaced, moved or through a mechanical device that utilizes a
installed any alarm system in or on any building, telephone, for the purpose of using the telephone
8
EXHIBIT A
line to transmit a message upon the activation of charged in addition to the fee provided in Section
the alarm system. 11.08.030 to a user who fails to obtain a permit
within sixty days after the effective date of the
(k) "Primary trunk line" means a ordinance codified in this chapter or who is more
telephone line serving the dispatch center that is than sixty days delinquent in renewing a permit.
designated to receive emergency calls. The fee shall be set by resolution of the City
Council. (Ord. 82-32 §4 (d), 1982).
(1) "Robbery alarm system"
means an alarm system signaling a robbery or 11.08.080 Exemption for
attempted robbery. (Ord. 87-73 §2, 1987; Ord. 82- governmental political
32 §3, 1982). unit.
11.08.030 Alarm user permits required. An alarm user which is a governmental
political unit shall be subject to this chapter but a
Every alarm user shall obtain an alarm permit shall be issued without payment of the fee
user permit for each system from the alarm and shall not be subject to revocation or payment
coordinator from the effective date of the of additional fees or the imposition of any penalty
ordinance codified in this chapter or prior to use provided herein. (Ord. 82-32 §4(0, 1982).
of an alarm system. Users of systems having both
robbery and burglary alarm capabilities shall 11.08.090 Emergency
obtain separate permits for each function.
Application for a burglary ^r obben ^k^ 4 notification resources person.
The alarm permittee shall provide the
police department with a current updated
robbery, or combination emergency notification resources person at all
burglary-robbery alarm user's permit and a fee times. (Ord 82-32 §4(g) 1982).
shall be filed with the alarm coordinator each 11.08.100 User instructions.
year. The fee shall be set by resolution of the City
Council. Each permit shall bear the signature of (a) Every alarm business selling,
the chief of police, and be for a one-year period. leasing or furnishing to any user an alarm system
The permit shall be kept physically upon the which is installed on premises located in the city
premises using the alarm system, and shall be shall furnish the user with instructions that
available for inspection by the chief of police or provide information to enable the user to operate
his representative. (Ord. 82-32 §4(a), 1982). the alarm system properly and to obtain service
for the alarm system at any time.
11.08.050 Senior citizens' exemption. (b) Standard form instructions shall
If a residential alarm user is over the age be submitted by every alarm business to the chief
of sixty and/or is physically handicapped and is of police within sixty days after the effective date
the primary resident of the residence and if no of the ordinance codified in this chapter. If he
business is conducted in the residence, a user's finds such instructions to be incomplete, unclear
permit may be obtained from the alarm or inadequate, he may require the alarm business
coordinator's office according to Section to revise the instructions to comply with
11.08.030 without the payment of a fee. (Ord. 82- subsection (a) of this section and then to distribute
32 §4(c), 1982). the revised instructions to its alarm users. (Ord.
82-32 §5, 1982).
11.08.060 r Fee for failure 11.08.110 Automatic dialing
to obtain or renew permit. device--Certain interconnections
A fee will be prohibited.
9
EXHIBIT A
11.08.123 Excessive false alarms
(a) It is unlawful for any person to and fee assessment.
program an automatic dialing device to select a
primary trunk line or any 911 prefix requiring a (a) If any alarm system produces four
police response; and it is unlawful for an alarm false alarms in any calendar year, the chief of
user to fail to disconnect or reprogram an police shall provide by certified mail written
automatic dialing device which is programmed to notice of the fact asking the alarm user to take
select a primary trunk line within twelve hours of corrective action in regard to false alarms and
receipt of written notice from the Tigard city informing the alarm user of the false alarm fee
police department that it is so programmed. schedule pr- ded 4@F4R-,. The fees shall be set
(b) Within sixty days after the by resolution of the City Council.
effective date of the ordinance codified in this (b) Alarm users installing a new
chapter, all existing automatic dialing devices system or making substantial modifications to an
programmed to select a primary trunk line shall he existing system shall be entitled to a grace period
reprogrammed or disconnected. during which alarms generated by such system
shall be deemed nonfalse alarms. The grace
(c) It is unlawful for any person to period shall cease thirty days after installation of
program an automatic dialing device to select any or modification to an alarm system.
telephone line assigned to the city; and it is
unlawful for an alarm user to fail to disconnect or (c) Upon any alarm system
reprogram such device within twelve hours of producing the fifth and sixth false alarm in a
receipt of written notice from the Tigard police calendar year, a fee per false alarm
department that an automatic dialing device is so shall be charged to the alarm user.
programmed. (Ord. 82-32 §6, 1982). =ems sshe� sl�a�l�� se ��e-ash—«tel
alp Subsequent false alarms shall be assessed
11.08.121 Response to alarms. an increasing fee that shall be set by resolution of
the City Council.
(a) Whenever an alarm is activated in
the city thereby requiring an emergency response H) SeN'efA4 RM eig4t4 false
to the location by the police department and the
department does respond, the police personnel on
the scene of the activated alarm system shall
inspect the area protected by the system and shall
determine whether the emergency response was in 4—a—eale wear afee 0€ A-4-4-p-a 11-4;^�e� 44y
fact required as indicated by the alarm system or dalla pe-false, -akaH44i.e assessed
whether the alarm signal was a false alarm.
All fees assessed must be paid to the city
(b) If the police department personnel finance division or a written appeal must be
at the scene of the activated alarm system submitted to the chief of police within ten
determine the alarm to be false, said personnel working days of fee assessment. (Ord. 87-73
shall make a report of the false alarm. §3(Exhibit A(part)), 1987).
(c) The chief of police or his 11.08.124 No response to
designee shall have the right to inspect any alarm excessive alarms.
system on the premises to which response has
been made, and he may cause an inspection of (a) After the second false alarm he
such system to be made at any reasonable time coordinator shall send a notification to the alarm
thereafter.(Ord. 87-73 §3(Exhibit A(part)), 1987). user by regular mail which will contain the
following information:
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EXHIBIT A
fee may appeal to the chief of police by giving
(1) That the second false written notice and posting a bond equal to the
alarm has occurred, amount of the fee, if applicable, within three
working days of the invoice assessing such fee.
(2) That if two more false Upon receipt of the appeal notice and bond, if
alarms occur within the permit year police officers applicable, a time certain shall be set for a
will not respond to any subsequent alarms without hearing.
the reinstatement of the alarm user by the chief of
police; (b) The appellant shall be given
reasonable notice of such hearing, failure of the
(3) That the reinstatement of appellant to appear at such hearing shall, if
the alarm user can only be obtained by the alarm applicable, result in forfeiture of the appeal bond,
user furnishing written proof of efforts taken to and application of said bond toward the false
correct the false alarms, a finding by the chief that alarm fee assessed by the city.
a reasonable effort has been made to correct the
false alarms, and payment of all fines assessed by (c) The chief of police or his
the city for false alarms; designee shall serve as hearings officer. The
burden of proof shall be upon the appellant to
(4) That the alarm user may show by a preponderance of the evidence that the
appeal the validity of a false alarm determination alarm signal in question was not a false alarm as
to the chief of police by giving written notice and defined in Section 11.08.020(h).
posting a bond equal to the amount of the fee, if
applicable, within ten days, according to Section (d) After receipt of all relevant
11.08.125. evidence, the hearings officer shall, within three
working days, render a decision. If the hearings
(b) After the fourth false alarm within officer determines that the appellant has met the
the permit year there will be no police response to burden of proof, then the hearings officer shall
subsequent alarms without reinstatement approval order the appeal bond released to the appellant
of the alarm user by the chief. The coordinator and rescind the false alarm determination. If the
shall send a notice of suspension of police hearings officer determines that the appellant has
response to: not met the burden of proof, then the hearings
officer shall order the appeal bond be forfeited
(1) The dispatch center; and applied toward the alarm fee as assessed by
the city and enter such alarm as a false alarm.
(2) The chief of police;
and (e) All decisions made pursuant to
this section are final. (Ord. 87-73 §3(Exhibit
(3) The alarm user by A(part)), 1987).
certified mail.
11.08.130 Confidentiality--Statistics.
(c) The suspension of police response
to an alarm shall begin ten days after the date of (a) All information submitted in
delivery of the notice of suspension of police compliance with this chapter shall be held in the
response to the alarm user unless a written request strictest confidence and shall be deemed a public
for hearing has been made as required in Section record exempt from disclosure pursuant to state
11.08.125. (Ord 93-13 §1, 1993). statute; and any violation of confidentiality shall
be deemed a violation of this chapter. The police
11.08.125 Appeal of false alarm. department shall be charged with the sole
responsibility for the maintenance of all records of
(a) Any alarm user who has been any kind whatsoever under this chapter.
notified of a false alarm or assessed a false alarm
11
EXHIBIT A
11.08.140 Allocation of revenues.
All fees, fines and forfeitures of bail
collected pursuant to this chapter shall be general
fund revenue of the city of Tigard. (Ord 82-32 §9,
1982).
11.08.150 Enforcement and penalties.
(a) Violation of this chapter shall be
punished upon conviction by a fine of not more
than five hundred dollars.
(b) The failure or omission to comply
with any section of this chapter shall be deemed a
violation and may be so prosecuted, subject to the
penalty provided in subsection (a) of this section.
(Ord 82-32 §10, 1982). ■
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