Ordinance No. 06-08 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06--0 �
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 7.52.100 TO
REGULATE THE USE AND ABUSE OF ALCOHOL IN CITY PARKS AND DECLARING
AN EMERGENCY
WHEREAS, the abuse of alcohol in City parks surrounding the downtown area has become a
significant problem despite existing regulations; and
WHEREAS, alcoholic beverages should be prohibited in these particular City parks; and
WHEREAS, the regulated, responsible use of alcoholic beverages should continue to be permitted
under certain circumstances in some City parks; and
WHEREAS, the Council finds revision of the City's existing rules regarding the use of alcohol in City
parks is in the public interest and necessary for the peace, health and safety of the general public.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Section 7.52.100 is amended to read as follows
(Strike-through is language deleted from the code;bold language is added to the code):
othef than his ewn use. No inta�deated person shaU enter- art.... w�y af the parka,
Managet-, upon reeeffffnendation of the Pakee Chief; and approval of the Oregen
7.52.100 Alcoholic Beverages in Parks
(a) For purposes of this section:
(1) "Alcoholic beverage" means any liquid containing any form of
alcohol,including but not limited to malt and fermented beverages,
whether licensed for sale in the state or not.
(2) "Person's own use" means for use by the person as well as use by any
person attending the same social event. As used in this definition,
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"person" means a person of legal age to possess or drink alcoholic
beverages.
(b) Except as provided in this section,it is unlawful for any person to take
into or possess any alcoholic beverage in a City park, other than for the person's
own use. No intoxicated person shall enter or remain in any City park. The sale
of beer or wine in City parks shall be allowed only pursuant to a permit issued by
the City Manager on recommendation of the Police Chief, and any such sale
must comply with all applicable state liquor laws and permitting requirements.
No other alcoholic beverages may be sold in City parks. The limited use and
sale of alcoholic beverages allowed by this subsection does not apply to the
parks listed in Subsection 3.
(c) It is unlawful to possess, control, or consume any alcoholic beverage in
the following parks: Liberty Park, Main Street Park, Commercial Park and
Fanno Creek Park.
(d) Failing to comply with any provision of this section shall be a
violation. The civil penalty for violation of this section shall not exceed$600 for
the first violation, and shall not exceed$1,000 for subsequent violations within 12
months of a previous violation of this section.
(e) All alcoholic beverages and alcoholic beverage containers brought into,
possessed or otherwise present in a park in violation of this section are
contraband and may be disposed of or retained as evidence by the City.
SECTION 2: Council finds adoption of this ordinance is necessary for the peace, health and safety of
the City; therefore, an emergency is declared and this ordinance shall take effect on
July 1, 2006.
PASSED: By Un on !mQ us to of all Council members present after being read by
number and title only, thiso�7 � day of , 2006.
�-z rU .
Catherine Wheatley, City Recorder
t�►
APPROVED: By Tigard City Council this cp� day of , 2006.
J
Approved as to form: Craig D ksen, Mayor
City Attorney
Date
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