Ordinance No. 73-15 CITY OF TIGARD, OREG(.'
ORDI11ANCE NO.
All ORDIiIAIICE AiNDIiIG AND SUPPLEMENTING TiI't TIGARD TrIUIIICTPAL
CODE BY ADDING THERETO A NEW SECTION DESIGNATED 18.84.050, entitled
"Hearing Procedures"; PRESCRIBING RULES FOR THE CONDUCT OF PU3LIC
HEARINGS CONCERNING ZONING AND LAND USE; FIXT474G AN EFFECTIVE DATE;
AND DECLARING AN B1,1ERGENCY.�
`CHE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That the Tigard Punibipal Code be, and the same is
—" hereby amended and supplemented to add thereto
Section 18.84.050, reading as follows:
1;18.84.050, Hearing Procedures: To the extent practi-
cable, procedures at public hearing with respect to
zoning and land use matters should be conducted in com-
pliance with the following procedural outline:
"2. General Procedure:
"1. The presiding officer (chairman of the Plan-
ning Commission, or Mayor or acting official of
the City) shall call the hearing to order at the
appointed time and place and clearly state the
purposes of thehearing, the issues to be heard
and the procedures to be followed.
"2. A statement of background facts should be
given by either the presiding officer or a staff
officer.
"3. Time limitation and witnesses. To the extent
practicable and depending upon the nature of the
matter being heard, the presiding officer should
declare an equal time limitation applicable to
each side of the issue and requiring adherance to
such limitations.
"4. Each speaker should be required to assume a
witness stand or position where all persons in the
assembly can hear and observe the witness and partic-
iDants should be required to direct all communications
to the hearing body and cross-statements and commen-
taries between participants or members of the audience
should be precluded.
try. Any exhibit intended to become part of the
record, whether offered by a proponent, opponent or
the City, should be identified by suitable mark and
numbered in the order as presented, and should be
available for examination or cross-examination by
any of the parties during the hearing. Upon con-
clusion of the hearing or continuance thereof', all
such documents should be delivered to the custody
of the secretary of the Planning Commission or to
the city recorder or other clerk of the hearing for
preservation as part of the record of the proceedings.
Page 1 Ordinance No. 1.5
i
"II. Presentation by the applicant or chief proponent
of documentary ev dence and test many, or sta e__
ment of advocacy should be required:
"1. Cross-examination of each oral witness or
of documented evidence should be permitted at
the time such evidence is adduced. All questions
should be propounded to the presiding officer of
the hearing body who in turn will either direct
or relay the question to the witness.
"2. Argumentative questions and commentaries by
cross-examiners should be strictly controlled and
all questions and answers should be restricted to
the relevant issues.
"III.
Presentation of opposing evidence, oral and docu-
mentary, should be invited:
'l. Cross-examination of each oral witness or of
documentary evidence should be permitted at the
time such evidence is adduced. All questions
should be propounded to the presiding officer of
the hearing body who in turn will either direct
or relay the question to the witness.
"2. Argumentative questions and commentaries by
cross-examiners should be strictly controlled and
all questions and answers should be restricted to
the relevant issues.
"IV. Presentation of staffPosition and recommendations,
if any, may be permitted on objective basis:
111. Cross-examination of staff evidence on behalf
of proponent and opponent should be permitted at
the time such evidence is adduced. All questions
should be propounded to the presiding officer of
the hearing body who in turn will either direct
or relay thequestion to the witness.
112. Argumentative questions and commentaries by
cross-examiners should be strictly controlled and
all. questions and answers should be restricted to
pertinent and relevant matters.
'V. Determination of Issue:
"I. Deliberation by hearing body and/or continuance
of deliberations to a later meeting.
"2. Findings may be announced at the conclusion of
the hearing or be thereafter prepared and submitted
at a later time.
f' 3. Decision of hearing body may be rendered orally
but confirmed by ordinance, or resolution as may
be applicable, with copy of findings and decision
thereon made available to applicant or chief pro-
ponent. Copy of findings and determination avail-
able upon request to others.''
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Section 2: Inasmuch as procedures with respect to the conduct
of public hearings have not heretofore been pre-
scribed by the City Council and it is necessary for the peace, health
and safety of the people of the City of Tigard that the foregoing out-
line be adopted with the least possible delay to assure orderly pro-
ceedings in accordance with legal requirements, an emergency is here-
by declared to exist and this ordinance shall become effective upon
Its adoption by theCouncil and approval by the Mayor.
PASSED: By unanimous vote of all Council members present,
after being read three times by number and title
only.
This day of 1973.
RecerderJ- �1 y of � Bard
APPROVED: By the Mayor, this / _ day of 1973•
Mayo , City of Tigard
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