Ordinance No. 16-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16- 63
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO PROHIBIT
SMOKING IN CITY PARKS
WHEREAS, the Tigard City Council has general supervision, management, and control of all public
parks and open spaces in the City; and
WHEREAS, smoking in City parks and open spaces negatively affects non-smokers and is contrary
to the City's strategic vision that the community enjoy healthy lives;and
WHEREAS,City Council wishes to ban smoking in City parks and open spaces;and
WHEREAS, City Council believes it is appropriate to phase-in the penalties imposed for violation of
this ordinance in order to allow for greater community outreach.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 7.52 of the Tigard Municipal Code is hereby amended as provided in
Exhibit A (additional language itakcitied and deleted language stliekent).
SECTION 2: Section 7.52.225(b) shall be effective July 1,2016.
SECTION 3: All remaining provisions in this ordinance shall be effective 30 days after its passage
by the council,signature by the mayor,and posting by the city recorder.
SECTION 4: If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are
severable. This City Council hereby declares that it would have adopted this
ordinance irrespective of the invalidity of any particular portion thereof and intends
that the invalid portions should be severed and the balance of the ordinance be
enforced.
PASSED: By Z Z9Zz 1 M&4S —vote of all council members present after being read by
number and title only,this )6'~day of 12016.
Carol A. Krager,City Recorder
Ordinance No. 500/4-36799 u/tcc'001421Des12312015
APPROVED: By Tigard City Council this z�6 ay of h ,2016.
John L ook,Mayor
Approved as to form:
City A44
I
Date
Ordinance No.
30014-36799 QBCL®90141lDBIS91/3!/2013
TIGARD MUNICIPAL CODE
Chapter 7.52 PUBLIC PROPERTY USE. 7.52.280Public Drinking Fountain—Injury
Prohibited.
Sections: 7.52.290 Signs,Lights,Call Boxes,
Hydrants Injury Prohibited.
7.52.010 Policy Of City Council. 7.52.300 Penalty For Violation.
7.52.020 Delegation Of Authority. 7.52.010 Policy Of City Council.
7.52.030 Regulations Prescribed By
Council. The City Council, except as otherwise
7.52.040 City Employees Not Affected.
7.52.050 Closures. expressly provided, declares its intention to
7.52.060 Conduct Restrictions. exercise general supervision, management and
7.52.070 Damage--Payment For control of all public parks, public parkways,
Restoration. public squares, public grounds, including, but not
7.52.080 Parks--Sales And Services For restricted to streets, boulevards, paths, sidewalks,
Hire Restricted. greenways, rest areas, playgrounds and other
7.52.090 Parks--Advertising And areas, hereinafter collectively referred to as
Decorative Devices Forbidden. "public areas" whether publicly or privately
7.52.100 Alcoholic Beverages in Parks owned, dedicated, leased or otherwise set aside
7.52.110 Parks--Rubbish Accumulation for public use and not under the supervision or
Prohibited. control. of any other public agency, and the
7.52.120 Parks--Vandalism Prohibited. Council declares its intention to prescribe rules
7.52.130 Parks--Gambling Prohibited. and regulations as herein set forth or from time to
7.52.140 Parks--Firearms Or Fireworks time as necessary with respect to such public
Prohibited. areas.
7.52.150 Parks--Molesting Animals,
Birds And Fish Prohibited. For purposes of this chapter, "park" is
?SZM Parks—Fishing And defined as an open space or recreational
Bathing property owned or maintained by the City and
Restrictions. open to the public.
7.52.180 Parks--Notice Mutilation
Prohibited. All public areas as herein designated for
7.52.190 Parks--Animals Running At general public use shall be kept and maintained
Large Prohibited. for the use and benefit of the public, subject to
7.52.200 Parks--Use Of Established such reasonable and necessary rules and
Entrance Required. regulations as herein prescribed or as may be from
7.52.210 Parks--No Admittance Areas. time to time adopted to protect and preserve the
7.52.220 Parks--Swing And Hammock enjoyment, convenience and safety of the general
Location. public in the use thereof. (Ord. 71-12 §1, 1971).
7.52.225 Parks—Smoking Prohibited
7.52.230 Permit--Required. 7.52.020 Delegation Of Authority.
7.52.240 Permit--Exhibition Required.
7.52.250 Permit--Subject To Ordinances The City Manager is authorized to make such
And Regulations. reasonable rules and regulations not inconsistent
7.52.260 Public Convenience Stations. with this and other City ordinances and the
7.52.270 Traffic Regulations. policies of the Council as herein enunciated, as
may be necessary for the control and management
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of the public areas hereinabove designated. All
such rules and regulations shall be set forth in
writing and, to the extent deemed necessary by the 7.52.060 Conduct Restrictions.
City Manager, shall be posted in conspicuous
places in the areas affected thereby, for the No one shall sleep on the seats or benches, or use
guidance of the general public and individual loud, boisterous, threatening, abusive,
users. insulting or indecent language, or behave in a
disorderly manner, or do any act tending to a
If any person feels aggrieved by any such breach of the public peace. (Ord. 71-12§3(19),
rule or regulation, he may appeal to the Council 1971).
by filing with the City Recorder a remonstrance
against such rule or regulation, which shall be 7.52.070 Damage--Payment For
placed on the agenda of the Council at its next Restoration.
regular meeting, and until amended or repealed by
the Council such rule or regulation shall remain in (a) Owners or persons in control of, or
full force and effect. (Ord. 03-08, Ord. 71-12 §2, persons who permit the entry of any dog, horse or
1971). other animal into any public area under the control
of the City, in addition to any penalties imposed
by this chapter for violation hereof, shall be held
7.52.030 Regulations Prescribed By liable for, and shall pay to the City, the full value
Council. of repair or restoration of any public property
damaged or destroyed, and if not paid upon
The Council finds that it is in the public demand by the City, recovery of same may be
interest and necessary for the peace, health and sought by action brought in the name of the City
safety of the general public that the rules and in any court of competent jurisdiction.
regulations set forth in this chapter be enforced,
and for the purposes herein set forth are adopted. (b) Any person who shall utilize the public
(Ord. 71-12 §3(part), 1971). areas herein described and who shall damage or
destroy any public property under the control of
the City, in addition to any penalties imposed by
7.52.040 City Employees Not Affected. this chapter for violation hereof, shall be held
liable for, and shall pay to the City, the full value
Nothing contained herein shall prevent the of repair or restoration of any public property
performance of any act or duty by City employees damaged or destroyed, and if not paid upon
which has been duly authorized by the department demand by the City, recovery of same may be
of public works or the police department. (Ord. sought by action brought in the name of the City
71-12 §3(25), 1971). in any court of competent jurisdiction. (Ord. 71-
12 §3(24), 1971).
7.52.050 Closures.
7.52.080 Parks--Sales And Services For
No person shall ride, drive or walk on such Hire Restricted.
parts or portions of the parks or pavements as may (a) It is unlawful for any person to sell or
be closed to public travel, or interfere with offer for sale any article or perform or offer to
barriers erected against the public. (Ord. 71-12
§3(16), 1971). perform any service for hire in any of the parks
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without a written permit for such concession a permit issued by the City Manager on
properly and regularly granted by the City recommendation of the Police Chief,and any such
Manager or designee. sale must comply with all applicable state liquor
(b) Payment of the Tigard City Business laws and permitting requirements.No other
Tax is required prior to issuance of the permit. alcoholic beverages may be sold in City parks.The
(Ord. 03-08, Ord. 92-33 §1(Exh. Axpart), 1992: limited use and sale of alcoholic beverages allowed
Ord. 71-12 §3(2), 1971). by this subsection does not apply to the parks listed
in Subsection 3.
7.52.090 Parks--Advertising And
Decorative Devices Forbidden. (3) It is unlawful to possess, control,or
consume any alcoholic beverage in any existing or
It is unlawful for any person to place or carry future City park located within the downtown
any structure, sign, bulletin board or advertising Urban Renewal Zone.
device of any kind whatever, or erect any post or
pole or the attachment of any notice, bill, poster, (4) Failing to comply with any provision of
sign wire, rod or cord to any tree, shrub, fence, this section shall be a violation. The civil penalty
railing, fountain, wall, post or structure, or place for violation of this section shall not exceed $600
any advertising, decorative or other device of any for the first violation,and shall not exceed$1,000
kind whatever, on any of the vases, statues, for subsequent violations within 12 months of a
bridges or monuments in any park; provided, that previous violation of this section.
the City Manager may by a written permit allow
the erection of temporary decoration on occasions (5) All alcoholic beverages and alcoholic
of public celebration or holidays. (Ord. 03-08, beverage containers brought into, possessed, or
Ord. 71-12 §3(3), 1971). otherwise present in a park in violation of this
section are contraband and may be disposed of or
7.52.100 Alcoholic Beverages in Parks retained as evidence by the City. (Ord. 07-14,
Ord. 06-08,Ord. 03-08,Ord. 84-48 §1, 1984: Ord.
(1) For purposes of this section: 71-12 §3(4), 1971).
(a) "Alcoholic beverage"means any 7.52.110 Parks--Rubbish Accumulation
liquid containing any form of alcohol,including but Prohibited.
not limited to malt and fermented beverages,
whether licensed for sale in the state or not. It is unlawful for any person to obstruct the
free use and enjoyment of any park by misuse of
(b) "Person's own use"means for use by refuse containers or by placing any straw, dirt,
the person as well as use by any person attending chips, paper, shavings, shells, ashes, swill or
the same social event.As used in this definition, garbage, or other rubbish, or refuse or debris, in or
"person"means a person of legal age to possess or upon any park, except in designated trash
drink alcoholic beverages. receptacles or to distribute any circulars, cards or
other written or printed matter in any park. (Ord.
(2)Except as provided in this section, it is 82-62 §1, 1982:Ord. 71-12 §3(5), 1971).
unlawful for any person to take into or possess any
alcoholic beverage in a City park other than for the 7.52.120 Parks--Vandalism Prohibited.
person's own use.No intoxicated person shall enter
or remain in any City park. The sale of beer or It is unlawful for any person to remove,
wine in City parks shall be allowed only pursuant to destroy, break, injure,mutilate,or deface in any
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way any structure, monument, statue, vase, approval of the City Manager, shall have authority
fountain,wall, fence,railing,vehicle,bench,tree, to allow fishing in the waters of any park of the
shrub, fern,plant, flower or other property in any City by posting adjacent to such waters a sign or
park unless otherwise licensed or privileged to do signs stating that such fishing is authorized, and
so. (Ord. 99-31, Ord.71-12 §3(6), 1971). by posting age limits such fishing may be
restricted to juveniles or others under the age as
7.52.130 Parks--Gambling Prohibited. designated by the sign, and it is unlawful for any
person over the age limit as posted to fish in any
It is unlawful for any person to play any such waters of a City park. (Ord. 03-08, Ord. 71-
game of chance or to carry on betting of any kind 12 §3(11), 1971).
within the park boundaries. (Ord. 71-12 §3(7),
1971). 7.52.180 Parks--Notice Mutilation
Prohibited.
7.52.140 Parks--Firearms Or Fireworks
Prohibited.
It is unlawful for any person to injure, deface
or destroy any notice of the rules and regulations
It is unlawful for any person to use firearms, for the government of the parks, which shall have
firecrackers, fireworks, torpedoes or explosives of been posted or permanently fixed by order or
any kind in any park including air guns, bb guns, permission of the City Manager. (Ord. 03-08, Ord.
or bows and arrows. (Ord. 82-62 §2, 1982: Ord. 71-12 §(12), 1971).
71-12 §3(8), 1971).
7.52.190 Parks--Animals Running At
7.52.150 Parks--Molesting Animals, Large Prohibited.
Birds And Fish Prohibited.
It is unlawful for the owner, possessor or
It is unlawful for any person to use any keeper of any animal to permit such animal to
weapon, stick, stone or missile of any kind to the roam at large in any park, and, if such animal is
destruction, injury, disturbance or molestation of found in any park, it may be impounded. (Ord. 71-
any wild or domestic animal, fowl or fish within 12 §3(13), 1971).
the park limits.
7.52.200 Parks--Use Of Established
It is unlawful for any person to give,or offer, Entrance Required.
or attempt to give to any animal within the parks,
any tobacco or other known noxious articles, or No one shall enter or leave the parks except
anything the giving of which is prohibited by at an established entrance, and no one shall enter
printed notices conspicuously posted therein. or remain in the parks after the hours fixed by
(Ord. 71-12 §3(9), 1971). regulation. (Ord. 71-12 §3(14), 1971).
7.52.210 Parks--No Admittance Areas.
7.52.170 Parks--Fishing And Bathing
Restrictions. No person shall enter any building,
enclosure, or place within any of the parks upon
It is unlawful for any person to fish, wade, which the words "no admittance" shall be
swim or bathe in any of the parks except in the displayed or posted by sign, placard, or otherwise.
places designated by regulation for such purposes. (Ord. 71-12 §3(15), 1971).
The department of public works, with the
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upon request of the department of public works or
the police department.(Ord.71-12 §3(17), 1971).
7.52.220 Parks--Swing And Hammock
Location. 7.52.250 Permit--Subject To Ordinances
And Regulations.
No swings or hammocks shall be hung or
swung in any of the parks, except on the posts All permits issued by the City shall be
erected for the purpose. (Ord. 71-12 §3(20), subject to the City's ordinances. The persons to
1971). whom such permits are issued shall be bound by
the rules, regulations and ordinances as fully as
7.52.225 Parks—Smoking Prohibited though the same were inserted in such permits.
Any person or persons to whom such permits shall
(a) It is unlawful for any person to smoke be issued shall be liable for any loss, damage or
in any park. "To smoke" means inhaling, injury sustained by any person whatever by reason
exhaling, or possessing any lighted or burning of the negligence of the person or persons to
cigar, cigarette, pipe, weed, plant, or other whom such permit shall be issued, as well as for
substance grown, manufactured, or processed any breach of such rules, regulations and
which is intended to be used for smoking in any ordinances, to the person or persons so suffering
form. "To smoke" also means inhaling, damages or injury.(Ord. 71-12 §3(18), 1971).
exhaling, or possessing an electronic cigarette
or a similar device intended to emulate 7.52.260 Public Convenience Stations.
smoking. (a) It is unlawful for any person to blow,
spread or place any nasal or other bodily
(b) Failing to comply with this section shall be discharge, or spit, urinate or defecate on the
a violation. The civil penalty for violation of this floors, walls, partitions, furniture, fittings, or on
section shall not exceed$100 for the first violation, any portion of any public convenience station or
and shall not exceed$500 for subsequent violations in any place in such station, excepting directly
within 12 months of a previous violation of this into the particular fixture provided for that
section. Each violation of this section shall purpose. Nor shall any person place any bottle,
constitute a separate offense. can, cloth, rag, or metal, wood or stone substance
in any of the plumbing fixtures in any such
7.52.230 Permit--Required. station.
Use of the public areas herein described for (b) It is unlawful for any person to stand or
organized group picnics, political or religious climb on any closet, closet seat, basin, partition or
gatherings, or groups consisting of more than other furniture or fitting, or to loiter about or push,
twenty-five persons in attendance at any one time, crowd or otherwise act in a disorderly manner, or
is unlawful unless a written permit has been to interfere with any attendant in the discharge of
issued with the approval of the City Manager or his or her duties, or whistle, dance, sing, skate,
City Recorder. (Ord. 03-08, Ord. 82-62 §3, 1982: swear, or use obscene, loud or boisterous
Ord. 71-12 §3(1), 1971). language within any public convenience station,
or at or near the entrance thereof.
7.52.240 Permit--Exhibition Required.
(c) It is unlawful for any person to cut,
Any person claiming to have a permit from deface, mar, destroy, break, remove or write on or
the City shall produce and exhibit such permit scratch any wall, floor, ceiling, partition, fixture
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or furniture, or use towels in any improper (4) It is unlawful for any person to park any
manner, or waste soap, toilet paper, or any of the motor vehicle on any park or playground area in
facilities provided in any public convenience the City, except in regularly designated parking
station.(Ord. 71-12 §3(21), 1971). areas. The police department shall have and
exercise authority to tow any vehicle found
7.52.270 Traffic Regulations. parked in a park or playground area not
designated for parking purposes, and to impound
Except as may be otherwise specifically such vehicle and to impose and collect fees for
prescribed in this chapter or other City ordinances, towing and storage.
the motor vehicle code of 1970 of the City of
Tigard regulating street traffic shall be in full (5) It is unlawful for any person to store,
force and effect in all public areas described in park, or leave standing unattended for a
this chapter. continuous period of more than twenty-four hours,
any motor vehicle, boat, trailer, conveyance or
The following regulations are made other personal property within any public area
applicable to public areas within the City and under the City's control. (Ord. 03-08, Ord. 71-12
subject to the City's control: §3(26), 1971).
(1) No one shall ride or drive any bicycle, (6) 7.52.280 Public Drinking
motorcycle, motor vehicle, truck, wagon, horse, or Fountain--Injury Prohibited.
any vehicle or animal in any part of the parks It is unlawful for any person to willfully
except on the regular drives designated therefor; mark, scratch, disfigure, remove or in any manner
provided, that baby carriages and such vehicles as injure any public drinking fountain, or throw,
are used in the park service are not included in the place or deposit in any cup or basin of same any
foregoing prohibition. cigar stub or cigarette stub, or any other matter or
(2) No one shall drive any hearse, vehicle in refuse whatever, or obstruct the regular flow of
a funeral procession, market wagon, milk wagon, Water thereof in any manner whatever. (Ord. 71-
dirt car, moving van, dray, truck, heavy-laden 12 §3(22), 1971).
vehicle, or vehicle carrying or ordinarily used in 7.52.290 Signs,Lights,Call Boxes,
carrying merchandise, goods, tools, material or
Hydrants Injury Prohibited.
rubbish, except such as are used in the park
service, over any drive or boulevard in any of the
parks; provided, however, the City Manager in his It is unlawful for any person to willfully cut,
remove, deface or in any manner injure or damage
discretion may grant admission in writing for any street sign, any street, bridge or subway light,
vehicles to carry materials over mark drives or light fixture, or any police or fire call box, or any
boulevards to buildings abutting on parks when no hydrant, fence, gate or enclosure, or any part
other road,street or way is accessible or passable. thereof, placed in any areas. (Ord. 71-12 §3(23),
(3) No one shall hitch horses or other
1971).
animals to any tree, shrub, fence, railing or other 7.52.300 Penalty For Violation.
structure, except such as are provided for such
purpose, or allow horses or other animals to stand Any person violating any provision of this
unhitched while the driver or attendant is beyond chapter, upon conviction shall be punished, by a
reach of such horse or other animal. fine of not more than five hundred dollars. of-by
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emeeeding six menths,
(Ord. 71-12§4, 1971).
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