Ordinance No. 70-35 CITY OF TIGARD, OREGON
ff ORDINANCE NO.
AN ORDINANCE RELATING TO THE CONDUCT OF PUBLIC ASSEMBLIES; ESTABLISHING
PERMF,T PROCEDURE AND APPLICKTION THEREFOR; PROVIDING FOR ADMI141STRAT-ION
AND ENFORCEMENT; PROVIDING PENALTIES; AND OTHER MATTERS PERTAINING
THERETO, PRESCRIBING EFFECTIVE DATE, AND DECLARING AN EMERGENCY
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section Is DEFINITIONS.
Unless the context requ-res otherwise, the following
definitions shall apply in construing this ordinance%
(a) "PERSON IN CHARGE OF PROPERTY" means owner, occupant,
lessee, licensee or other person as owner )r otherwise
having possession. or control of Real property.
(b) "PUBLIC ASSEMBLY" means all assemblies of persons
projected or reasonably anticipated to number more
than one thousand for a continuous period of ten
hours or more, more than ten per cent (10%) of whom
will assemble outdoors or in structures specially
constructed, erected, or assembled for the assembly
of persons whether or not an admission fee is charged.
(c) "SPONSOR" means any person, association, partnership,
firm, corporation, joint venture, or any other legal
entity whatsoever, who or which initiates, organizes,
promotes, permits, conducts or causes to be advertised,
a public assembly.
Section 2e PUBLIC INTERESTS.
(a) The council finds that assemblies of parsons within
the city numbering more than one thousand (1,000)
persons for a continuous period of ten hours or more
and more than ten per cent (10%) thereof will assemble
out-of-doors or in structures specially constructed,
erected, defined, creates hazardous and nuisance condi-
tions, including but not limited to, excessive traffic,
acute problems of solid waste disposal, sanitation and
sewage disposal, threatens the public health, welfare
and safety including fire and police protection.
(b) The Council further finds that reasonable rules and
regulaetiona for controlling public assemblies are
necessary to protect the health, safety acid welfare
of the citizens of the City of Tigard. ,This ordinance
shall be liberally construed to accomplish this purpose.
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(. Section 3: BASIC CLAUSE.
It shall be unlawful for any person in charge of property
to initiate, organize, promote, permit, conduct, or cause to be ad-
_ . ... vertized a public assembly, unless a permit has been obtain pursuant
to this ordinance. A separate permit shall be required for each
public assembly for the period of time designated by the permit.
Section 4:_ PERMIT REQUIREMENT.
R A. No public assembly may be held in the corporate boundaries
of the City of Tigard , unless the sponsor, and/or the person in
charge of the property upon which the assembly is proposed to be con-
ducted apply for a permit as herein provided and such permit is issued
pursuant thereto.
(1) No permit shall be issued for more than sixty (60)
hours duration of public assembly except that a permit
' by its terms may grant an extension of that period.
(2) No permit shall be issued to an applicant who is
under the age of majority.
(3) No permit shall be transferable or assikpiable.
(4) In case doubt as to the number of people projected
to attend a public assembly, the decision of the
City Council shall be cbtainad with respect thereto.
B. written application for each public assembly shall be made
to the City Council of Tigard not less than forty '(110) days
prior to the first day upon which the public assembly is proposed to
commence.
C. Application shall be made on forms prescribed by the City
Council and shall disclose the following information:
(1) The full legal names and addresses of all sponsors;
(2) The full legal name and address of the owner and person
in charge of property to be utilized for the public
assembly;
(3) If the sponsor-applicant is a partnership or joint
venture then all parties thereto shall sign as Tplicants.
T.f the sponsor-applicant is a corporation, copies of
• the articles of incorporation, bylaws, and resolution
authorizingthe application may be required, together
with satisfactory evidence that such organization is
in good standing to transact business in the State of
Oregon.
(4) The legal description and address of property to be
j` utilized for public assembly;
t5? The program for the public assembly or if no program
is prepared, a narrative statement as to the purpose
for which the public assembly is to be conducted;
(6) If facilities are to be constructed, assembled or
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erected on the premises, or food services are to be
provided, a written, legible and comprehensive plan
of the location and manner of construction, assembly
or erection of said facilities;
(7) Evidence that all permits and licenses as required by
state statutes, city ordinances, and rules and regula-
tions enacted thereunder have been obtained;
(8) Additional plans, drawing: and information as required
to meet the provisions of Sections 6 and 7 of this
ordinance;
(9) Applicants' statement that they conform to and comply
with the terms and provisions of this ordinance, and
all laws, rules and regulations of the State of Oregon,
the City of Tigard and other applicable regu-
latory bodies.
D. Each applicant for permit shall be subject to fingerprinting
and photographing by the Police Department` of the City of
Tigard and such fingerprints and photographs shall be submitted
with the application for permit. Applicants shall be subject to a police
records review. Record of conviction of a felony or n;isdemeanor involv-
ing moral turpitude of the applicants may be grounds for denial of the
permit,
E. Each application shall be accompanied with a cash fee to
cover the cost of inspection, investigation, issuance, and administra-
tion of the permit in the following; amounts:
Persons Reasonably Anticioated Amount of Fee
1,000 to 2,499 inclusive $100.00
2,52-0 to 4,999 inclusive 150.00
5,000 to 9099 inclusive 500.00
10,0oo to 49,999 inclusive 1,000.00
50,000 and over 1,500.00
Neither the permit fee nor any portion thereof shall be refundable.
F. The City Council shall act upon and shall either grant or deny
the permit within tvtenty calendar days after filing of proper applica-
tion.
Section 5. IhDEEI ITY FOR RESTORATION, DAMAGES.
The applicants shall submit with their application a corp-
urate bond of indemnity in a form approved by the City Attorney, or
cash deposit to indemnify against d^.mage to Cit; streetav pavements,
bridges, road signs and all other public property from any and all
` causes by vehicles, employees, or participants in the public assembly'
and further conditioned to assure the restoration of the premises where
-' such public assembly is held to a sanitary condition and pay all charges
and losses to the public for damages to the streets, pavement, bridges
and all other public property.
1. Such bond or deposit shall be further conditioned that
should the permitted public assembly in the discretion
of the City require the City to incur additional expense
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for added personnel or overtime of regular personnel
as a direct result of the public assembly, such added
expense shall be paid by the applicants or by the surety
boDCsman. The cash deposit or its balance will be
returned to the applicants and the bondsman upon final
released audit by the City Council of the damages, if any,
arising from the public assembly and deployment and em-
ployment of personnel.
2. The corporate bond of indemnity or cash deposit shall be
in the following amounts:
Persons Treasonably Anticipated Cash Deposit or
Bond Amount
1,000 to 2,499 $6,000.00
2,500 to 4,999 $7,500.00
5,000 to 9,999 10 000.00
10,000 to 49,999 35,000.00
50,000 and over 50,000.00
3. The property owner or person in charge of the property
making application iiali he bound to ii!demnify against
damage to streets, paveient, bridges, road signs, and
all other county property, and to assure that the property
will be restored to a sanitary condition. A lien shall arise
against the property which may be levied upon to the extent
the indemnification bond is insuffintent to cover the costs
incurred and any expense of the City in deploying or em•-
p7oying personnel directly attrioutable to the conduct of
the public assembly. The procedure for assessment and en-
forcement shall be as prescribed by Sections 223.505 to
223.650, Oregon Revised Statutes, as applicable.
Section 6. CONDITIONS OF APPROVAL.
A. No permit shall he issued by the City Council unless all
of the conditions recited herein have been satisfactorily concluded, to-
wit
1. Sanitary facilities: Written approval of the Waahington
County Health Department indicating that applicants' plans
for water supply, toilet facilities, washing facilities, and
food preparation and service, if applicable, the type of
food, preparation and food facilities to be provided, conform
with applicable state law, rules and regulations relating to
the public health.
2. Fire Protection: Written approval of the Tualatin Rural
-ire Protection District or StateFireMarshall approving;
fire prevention and suppression means at or near the property
n upon which the public assembly is to be conducted,
3. Public Safety: Written approval of the City's Chief of
Police with respect to the following conditions:
`_ a. Applicants have provided for adequate traffic control
and crowd control personnel, ie., one traffic controller
for each two hundred fity (250) persons reasonably
anticipated to be in attendance and one crowd controller
for each two hundred fifty (250) persons reasonably antici-
patted to be in attendance.
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b. A list of those persons who will act as traffic
controllers must be presented to the Chief of
police with the application. The proposed con-
trollers shall be subject to fingerprinting and
photographing by the police Department of the
City of Tigard, and a records check. No person
may serve as a crowd controller or traffic con-
troller if he has been convicted of a felony or
a misdemeanor involving moral turpitude.
c. Crowd controllers and traffic controllers must be
qualified to be certified as police officers of
the State of Oregon, or meet other qualifications
as determined by the Chief of ?police.
d. Crowd controllers and traffic controllers shall
report all violations of law to the Department of
police of the city of 'Tigard.
4, Medical Services: Written approval by the Washington
County health Department verifying that proper medical
services shall have been arranged by the applicant.
Each public assembly shall have as a minimum, one ambu-
lance and a first-aid station staffed by two adult iadi-
viduals trained in first-aid techniques in attendance
at all times.
5, parking Facilities: Written approval of the Department
of public Works of the City indicating that adequate
parking is available within or adjacent to the premises
upon which the public assembly is to be conducted as
herein provided.
a. Such parking facilities shall provide parking space
for one vehicle for every four persons forecasted
to be in attendance at the public assembly.
b. Adequate ingress and egress shall be provided from
such parkaing area to facilitate the movement of any
vehicle at any time to or from the parking area;
provided, however, that should buses be used to
transport the public to the assembly, it shall be
shown that public parking, as described above, is
available at any site from which buese are scheduled
to pick up persons to transport them to the public
assembly.
6. Structures: Written approval by or permit from the
15nnang Department of the City of Tigard that facilities
to be constructed, assembled, erected, or utilized are in
conformance with the zoning ordinance and building code
' of the City.
All facilities to be specially assembled, construc-
ted, or erected for the public assembly must be in place
two days before the commencement of the public assembly
and be approved by the Department of planning.
Section 7: CONDUCT OF PUBLIC ASSEMBLY.
No permittee, or persons having control of the public
assembly shall permit any person to bring onto the property,
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any intoxicating; liquor, nor permit intoxicating liquor
to be consumed on the property and no person during the
public asN:ab ly shall take or curry onto the property,
or drj,rk thereon, intoxicating liquor, except as licensed
or permitted by state law.
B. The burden of preserving order during the public assembly
is upon the permittees of the public assembly. Any viola-
tions of the laws of the State of Oregon, state rules and
regulations, or of the terms and conditions of this ordinance
and other ordinances of the City or the permit granted here-
under may be cause for immediate revocation of the permJ,t
by the City Council or by concurrence of the Chief of Police
and the tdashington County Health Officer and the City Ad-
ministrator. Uoon revocation of any permit, the permittees
of the public assembly shall immediately terminate the
assembly and provide for the orderly dispersal of those in
attendance.
C. 'i'he City Council, its authorized agents and representatives,
and ty;? representatives of the City departments having re-
sponsibility for approval under this ordinance shall have
access to the public assembly at all times for the purpose
of inspection and enforcement of the terns and conditions
of this ordinance and other ordinances of the City.
D. No musical entertainment, either live or recorded, utilizing
sound amplification equipment, shall be operated in a
location which is less than one thousand (1,000) feet from
any school house, church, dwelling unit, or any other place
of permanent human habitation, and there will be no pro-
grammed entertainment provided between the hours of one
o'clock a.m. and eight o'clock a.m.
E. If, at any time during the conduct of the public assembly,
the number of persons in attendance exceeds by ten percent
(10%) the number of persons by the application for the per-
mit anticipated to attend, the City Council or the Chief
of Pulice, or the County Health Officer, or the City Ad-
ministrator small have the authority to require the ap-
nlicants to limit further admissions until all conditions
and provisions recited herein are met.
P. Public assemblies conducted under a permit pursuant to
this ordinance shall limit attendance to the number stated
in the application for a permit,and printed tickets or
admission permits shall not be issued in excess of such
limitation.
Section 6: PENALTIES=
Any person who initiates, organizes, promotei, permits,
conducts, or caused to be advertised a public assembly, or person in
charge .of property upon which a public assembly as herein defined is
conducted, without obtaining the permit provided in this ordinance, or
who conducts or allows a public assembly with a permit but in violation
of the terms and provisions of this ordinance and of the permit granted,
or who shall counsel, aid,or whet such violation or failure to comply,
shall be punished, upon conviction, by imprisonment for not more than
six (6) months in the City or County jail- and/or by fine of not more
than one thousand ($1,000) Dollars, or both. Continuing violation of
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this ordinance shall be a separate offense for each day that a viola-
tion occurs
Section 9. CONFORT,1ANCE WITH OTHER LAW.
The necessity of conferring with any and all state lavas,
rules and regulations and other City ordinances which are now or may
in the future be in effect is not hereby abrogated.
Section 10. REVIEW OF COUNCIL'S ACTIONS.
Decisions of the City Council to deny or, grant the
permit under this ordinance shall be reviewable by the Circuit Court
of t:^,a State of Oregon for the County of Washington, solely and ex-
elusively by writ of review under the provisions of 34.010 through
34.100, Oregon Revised Statutes.
Section 11. SEPARABILITY.
If any<section, subsection, sentence, clause, phrase,
or portion of this ordinance is for any reason held invalid or un--
constitutional by any court of competent ;jurisdiction, such portion
:hall be deemed a separate, distinct and independent provision and
such invalidating shall not effect the validity of the remaining
portions thereof.
Section I . EMERGENCY CLAUSE.
Inasmuch as the City of Tigard does not now have
in effect any ordinance prescribing terms and provisions for regulation
of public 'a.ssemblies, it is necessary for the protection of the public
health, safety and welfare of the residents and citizens of the City of
Tigard, Oregon that this ordinance become effective immediately,
and emergency is hereby declared to exist and this ordinance shall
become effective upon adoption by the City Council of Tigard,
Oregon.
PASSED: By unanimous vote of all Council members present
after being reed three timers by number and title
only, this tarn day of Aujl!q ,1970.
Recorder - City c igard
APPROVED: By the Mayor, this 25th day of August J
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1970.
Mayor - Ci y of i
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