Ordinance No. 09-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 09- 0(o
AN ORDINANCE REVISING TIGARD MCNICPAL CODE (TMG) 10.32.175 TO ALLOW
OPERATION OF QTY OF TIGARD-OWNED ALL TERRAIN VEHICLES (ATVS) UPON PUBLIC
ROADWAYS, STREETS, HIGHWAYS, PARKS PATHWAYS, AND OTHER RELATED AREAS
WITHIN THE QTY LIMITS OF' TIGARD, AND TO REPEAL TMC 10.32.180 RENDERED
OBSOLETE BY ORS 824.222 &824.223 (2007) AND DECLARING AN EMERGENCY
WHEREAS, The City of Tigard has authority over its streets and roadways and TMC 10.32.175 needs to be
amended;and
WHEREAS, ORS. 801.040(3) authorizes a city to regulate the "operation of . . . Cass I all terrain vehicles on
public lands,waters, and other properties under its jurisdiction and on streets or highways within its boundaries
by adopting regulations or ordinances of its governing body if such regulations are not inconsistent with ORS
821.150 to ORS 821.292";and
WHEREAS, ORS 821.190 generally prohibits the operation of a Cass I all-terrain vehicle (ATV) on a highway
or railroad but does allow for exemptions from ORS 821.190 as established under ORS 821,200;and
WHEREAS, ORS 821.200(2) provides that an ATV "may be lawfully operated upon a highway where the
highway is posted to permit all-terrain vehicles [ATVs];" and
WHEREAS, the Police Department recognizes'the need for rapid response by on-duty Police personnel to
situations,including emergency situations,iri areas of the City not currently accessible by automobiles.' Further,
that these areas of the City not currently accessible by automobiles are located in the many green spaces and
parks within the City, and that other critical areas not easily accessible by automobile include those areas along
the railroad right-of-way and tracks that service freight and commuter trains traveling through the City;and
WHEREAS, the Police Department has identified the Tigard Festival of Balloons, Community Parades, the
downtown Halloween and Christmas events as examples of community events that generate a large number of
event attendees gathering in areas of the City that because of terrain or density of attendees prohibits the use of
existing motorized patrol options;and
WHEREAS,the Police Department's operation. of ATVs would provide an excellent opportunity to safely ride
among the community event attendees and enable them to interact with our Police personnel but still allow
Police personnel to provide improved response times as well as have equipment on hand that would not
otherwise be possible while on foot patrol: and
WHEREAS,the Public Works Department has several operational needs to utilize the capabilities of ATVs to
inspect, monitor and maintain many of the same areas mentioned by the Police Department above. Public
Works has a justification to use these specially designed vehicles to accomplish their required tasks where other
modes of transportation would be impracticable, inefficient, and/or cause a greater negative impact to the
wildlife,flora and fauna of those areas of the City;and
ORDINANCE No.09-C7�
Page 1
WHEREAS,TMC 10.32.180, Trains Not to BM Stints,is rendered obsolete and thus unlawful by ORS 824.222
&824.223 (2007).
NOW,THEREFORE,THE QTY OF TIGARD ORDAINS AS FOLLOWS:
SECIION 1: Section 10.32.175, Operation cf, Gdf Guts on St?e&, of the Tigard Municipal Code (TMQ is
amended as set forth below. (Underlined text is added to the Code):
10.32.175 Operation of Golf Carts and Ca
�y of Ti ard-Owned All-Terrain Vehicles ATVs
icp &
(a) The Tigard City Council acknowledges that the use of golf carts on certain streets
within Summerfield would be beneficial to the residents of Summerfield and would
create no significant hazard to either the users of the golf carts or other traffic on the
streets within Summerfield.
(b) Chapter 271,Section 4, of Oregon Laws 1975 authorizes the City Council of the City
of Tigard to permit the operation of golf carts on public streets within the City of Tigard
and to prescribe such rules and regulations for the operation of golf carts as may be
necessary Chapter 271, Oregon Laws of 1975, further defines golf carts, exempts them
from registration and license as a motor vehicle, and sets forth certain limitations.
regarding the areas in which they can be used.
(c) Summerfield is a planned residential area qualifying as a real estate development
under the terms of Chapter 271,Oregon Laws of 1975.
(d),Golf carts may be driven upon the streets in'Summerfield during daylight hours for
the purpose of moving the carts between the residences of their owners and operators
and the recreational areas within Summerfield. Goff carts shall at all times be operated in
a prudent manner, and shall be subject to the statutory laws of the State of Oregon and
the ordinances of the City of Tigard with regard to the operation of vehicles, except such
statutes and ordinances as cannot be complied with on account of differences in
equipment required on golf carts as compared with ordinary passenger vehicles and
trucks.
(e) Operation of golf carts shall be undertaken at the risk and responsibility of the
owners and operators, and the City of Tigard by this section assumes no responsibility
for the operation of the vehicles, and shall be held harmless in any action arising from
the operation of golf carts on or off of any public way in Summerfield. (Ord. 76-42 551---
5, 1976).
lfl Operation of City of Tigard-owned Class I all-terrain. vehicles (ATVs) shall be allowed
upon public roadwa3s, streets, highways, parrs, park trails and pathways and other related
areas within the City of Tigard by the police and public works departments of the Cate The
operation of a Class I ATV is onl ermitted for on-dut Q of Tigard personnel in the
perfonTance of their assigned duties.
ORDINANCE No.09- OU
Page 2
A 0 of Ti and-owned all-terrain vehicle (&W shall be defined as an Class I all-
terrain vehicle as defined by ORS. 801.190, and which is operated by on-duty Police or
Public Works Personnel in the performance of their assigned duties.
h The Ci of T' and shall ostap ro riatesi nae on Ci streets hi hwa roadwa or
other points within the City limits, as now constituted or hereafter changed,to give notice
to all persons that the operation of Class I ATVs is perrnitted within the City for on-
Police and Public Works personnel in the performance of their assigned duties.
SECTION 2: Tigard Municipal Code 10.32.180, Trains Not to Blau Str&, is hereby repealed.
SECTION 3: 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 tape effect irrar diately.
PASSED: By UQCY2i MQU S vote of all Council members present after being read by number
and title only,this day of C. ,2009.
Catherine Wheatley,City Recorder
APPROVED:. By Tigard.City Council this�), day of22it rc —72
Craig en,Mayor
Approved as to forran
r
r
a orney
-<!a8-. �
Date
I:\Citywide\Council Packers\Packet`09\090428\atv ordinance 04-09 final(2)-city recorder version.doc
ORDINANCE No.09- 0(o
Page 3