Ordinance No. 94-20 CITY OF TIGARD
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 7 OF THE TIGARD MUNICIPAL CODE BY
ADOPTING CHAPTER 7.80, CAMPING PROHIBITED IN CERTAIN PLACES AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Tigard finds that it is in the best interest
of the public peace, safety and health to prohibit camping in
publicly accessible places; and
WHEREAS, the City of Tigard finds that camping in prohibited places
is a nuisance, and
WHEREAS, the City of Tigard wishes to abate illegal campsites in
a manner which provides notice of the abatement and an opportunity
to retrieve items of personal property;
WHEREAS, the City is willing to abate such nuisances; now,
therefore:
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 7,80 of the Tigard Municipal Code shall read
as 'follows:
Section 7.80,010 Definitions. As used in this
Chapter:
(1) 1°to camp" means to set up, or to remain in or
at, a campsite.
(2) 01campsite10 means any place where any bedding,
sleeping bag, or other sleeping matter, or any stove
or fire, is placed, established, or maintained,
,whether or not such place incorporates the use of
any tent, lean.-to, shack, or any other structure,
or any vehicle or part thereof.
(3) 1tpersonal property" means items which are
reasonably recognizable as belonging to individual
persons and which have apparent, utility.
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(4) "junk" means items which have no apparent
utility or are in an unsanitary condition.
SS on 7.go,o2o Camaina prohibited in Certain
Places. It is unlawful for any person to camp in
or upon any sidewalk, street, alley, lane, public
right of way, transit facility or bus shelter, or
any other place to which the general public has
access, or under any bridgeway or viaduct, unless
otherwise specifically authorized by this City or
by declaration by the Mayor in emergency
circumstances. Nothing in this chapter shall
prohibit the use of designated picnic areas of
public property for cooking, or prohibit camping
by permit authorized by the City Administrator or
designee.
Section 7.80.030 Scheduling and lNotice onf Qamjpgitg
Cleanuu. (1) Cleanup of illegal campsites will
be scheduled on an as-needed basis by the Chief of
Police ,or a designee. Cleanups at sites where
permanent signs are posted, as described in
Subsection 2 of this section, cannot occur any more
AVIL frequently than once every ten (10) days except as
provided otherwise herein.
(21 In locations where campsites are regularly
established, permanent signs may be posted
announcing that personal property will be removed
and stored. once the permanent sign is erected, :io
further notice is required in order to cleanup
illegal campsites in the area. In areas where no
permanent sign is posted, notice will be pasted and
distributed in the area of the scheduled cleanup at
least twenty--four (24) hours before the cleanup.
(3) Notwithstanding subsections (1) and (2) of this
section, cleanup of campsites on both public and
private property and regardless of the existence of
a permit, where the following conditions exist, as
determined by the Chief of Police or his or her
designee, may take place, as necessary, without
notice:
(a) conditions which are unsanitary or cause
offensive odors, such that an immediate threat
to public health exists; and
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Ordinance No. ��•��
(b) conditions of illegal.activity.
(4) At the time of the cleanup, written notice will
be posted and distributed announcing the telephone
number where information on picking up the stored
property can be obtained during normal business
hours.
(5) Written notices, including permanent signs,
will be in both English and Spanish.
Section 7 80.040 Removal. Storage and Retrieval of
Personal Property. (1) Personal property as
defined by this Chapter, will be separated during
cleanups from junk. Junk will be immediately
discarded. Items of personal property will be
turned over to the Police Department and stored.
The personal property shall be stored for no less
than ten (10) days, during which time it will be
reasonably available to persons claiming ownership
of the personal property.
(2) The Police Department shall arrange in advance
for a location to store personal property. The
storage facility should be reasonably secure. The
sccation should be reasonably accessible to the
cleanup area and preferably servad by public
transportation.
(3) Any personal property that remains unclaimed
for ten (10) days after the cleanup shall be
disposed of or sold. Such disposal or sale shill
take place pursuant to Section 2.52.030 of this
code, except that the items need not be held for the
90 day period described therein.
(4) Weapons drug paraphernalia, and items which
reasonably appear to be either stolen or evidence
of a crime may be retained by the Police Department.
Section 7.80.0.50 Camping in Railroad :<iaht of Way.
The City has the authority to abate illegal camping
located in a railroad right of way provided that the
City has been given such authority by the owner cf
the railroad property.
Section 7 80.060 Violation. Violation of this
chapter is a nuisance affecting public health as
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described in section 7.40.030(b) of this code. Such
violation is a Class 1 civil infraction and may be
processed under chapter 1.16, Civil Infractions.
Section 7.80.070 Nonexclusive-Rem dy. The remedy
described in this Chapter shall not be the exclusive
remedy of the City for the acts described herein.
SECTION 2: Because prompt implementation of this ordinance is
necessary for the peace, health, and safety of the
people of the City of Tigard, an emergency is declared
to exist, and this ordinance is effective upon its
passage by the Co►ancil.
PASSED: By U vote of all Council members
present after being read by number and title only,9
this . C)t-h day of , 1994.
0-0,th
Catherine Wheatley, City R corder
•.
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APPROVED: This day of , 1994.
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Schwartz, MayoApproved as to form:
City Attc-rn
4/ 19,1
Date
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Ordinance No. 9y'•.10