Ordinance No. 16-08 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16-0S
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO UPDATE SECIION 10.32
DELEGATING CERTAIN POWERS RELATED TO PARKING AND TRAFFIC CONTROL ON
PUBLIC STREETS TO THE QTY MANAGER
WHEREAS,the Tigard City Council is the road authorityfor all public streets,except state highways;and
WHEREAS,the Tigard City Council maydelegate certain powers to provide for a more efficient process;and
WHEREAS, the Tigard City Council wishes to delegate certain decisions related to parking and standing of
vehicles and traffic control to the GtyManager or their designee;and
WHEREAS,the Tigard City Council retains the power to act as the final road authority in all decisions.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 10.32 of the Tigard Municipal Code is hereby amended as provided in Exhibit A
(additional language italiazai and deleted language str-ielien).
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstances
is held invalid,such invalidity sbaJ1 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.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By &/?&q i"MeR—vote of all council members present after being read by number
and title only,this��`dayof ,2016.
a-1-e !6:114
Carol A Krager,CuyRecorder
APPROVED: By Tigard Cary Council this S; da4oG
of ✓i L ,2016.
oA
M�
ook, yor
Approved as to form:
Date,AsAZ City Attorney
ORDINANCE No. 16- 1
Page 1
TIGARD MUNICIPAL CODE Exhibit A
10.32.210 Removing Glass And Debris.
Chapter 10.32 MISCELLANEOUS 10.32.220 Illegal Cancellation Of Traffic
PROVISIONS. Citations.
10.32.230 Tampering With Odometers
Sections: Prohibited-Penalty.
10.32.235 Use of Crosswalks(Jaywalking)
10.32.010 Powers Of The City Council. 10.32.240 Existing Traffic Signs.
10.32.015 Powers Delegated 10.32.245 Crossing Private Property.
10.32.016 Review or Appeal of Decision or 10.32.250 Penalties.
Action of City Manager
10.32.017 Standards 10.32.010 Powers Of The City Council.
10.32.020 Authority Of City Manager To
The Council, as the City's elected body, is the
Markings And Signals Installedw road authority for all public streets, except state
10.32.025 Authority Of City Engineer-And highways, as designated by state law.,pr-evided that
City Pol-ee Chief To Have"No wher-e r-eEittired by the N4etef Vehiele Laws e
Installed. has first been ebtainedT Council may, by resolution,
10.32.026 Authority Of The City Enginee establish traffic controls which shall become
To Designate Areas Where effective upon the installation of appropriate signs,
signals or other markings. Such traffic controls may
10.32.030 Authority Of Police And Fire : include, but are not limited
Officers. to, regulation of:
10.32.040 Stop When Traffic Obstructed.
10.32.050 Unlawful Marking. ()(A) The parking and standing of vehicles by
10.32.060 Use Of Sidewalks. designating areas within which, or streets or portions
10.32.070 Permits Required For Parades. of streets along which, parking meters will be
10.32.080 Funeral Procession. installed;
10.32.090 Drivers In Procession.
10.32.100 Driving Through Procession.
10.32.110 Emerging From Vehicle. ,,,hick eithef r^r'^nrt or standing, ^r i.^+", shall be
10.32.120 Boarding Or Alighting From ,
Vehicles.
10.32.130 Riding On Motorcycles. (B) Establishing the time limit fer-legal
10.32.140 Unlawful Riding.
10.32.150 Clinging To Vehicles.
10.32.160 . Use Of Roller Skates Restricted. (G) Desi na4ing the angle of par-king if
10.32.170 Skis On Streets. than parallel to the eurb,,
10.32.175 Operation Of Golf Carts And City
Of Tigard-Owned All-Terrain rr„ Desi na4ing City ^ ed or-!eased
Vehicles (ATVs). property on .,h:,.h..ubli,. .,aFki.,,.will be..o.....:,+oa
10.32.180 Trains Not To Block Streets.
(Repealed by 09-06) (E) ( des; .,,+,,, ,;thin'whie
10.32.190 Damaging Sidewalks And Curbs. , pafking
10.32.200 Obstructing Streets. meters will be installeE6 and
deposited
10.32.205 Physical Erosion.
10-32-1 Code Update: 6109
TIGARD MUNICIPAL CODE
(F' "' Establishing.widen,. l par44n^ (d) Designating City-owned or leased
zeftes; property on which public parking will be permitted,
(2) (B) Through streets and one-way streets; (2) Setting the charge for Cityparking
meters;
(3) (C) For trucks exceeding specified weights,
streets to which they shall be restricted and (3) Regulating traffic control signals and
streets on which they are prohibited; the time of their operation;
(4) Regulating bus stops, bus stands, taxicab
their-operation; stands and stands for other passenger
common carrier vehicles;
(5) (q Bus steps, bus stands,taxieab stands md
stands f"other passenger eammon eaffie (S) Designating marked pedestrian
v crosswalks and safety zones; and
(6) (D) Loading zones; (6) Designating locations for traffic control
devices, markings, and signs.
(7) (E) Turn regulations at intersections;
(B) The delegation of road authority to the City
Manager does not deprive the City Council of its
'oones power to act as the City's final road authority.
(9) (F) Special speed regulations in City parks; (C) The Council may on its own initiative or at
the request of the City Manager make an initial
(40) (G) Bicycle paths.-(Ord. 91-26 §2, 1991; decision on a matter within the road authority of the
Ord. 78-70 §2, 1978; Ord. 70-41 Ch. 8 §1, 1970). City.
10.32.01 S Powers Delegated 10.32.016 Review or Appeal of Decision or
(A) The City Manager is delegated the authority Action of City Manager
to take the following actions on a permanent or (A) Any decision or action of the City Manager
temporary basis and may further delegate the or designee in this chapter is subject to appeal to or
authority: review by the City Council.
(1) Regulate the parking and standing of (B) Any person affected by a decision or action
vehicles by: of the City Manager or designee under this chapter
may appeal the decision or action to the City Council
(a) Classifying portions of streets upon by filing a written appeal with the City Recorder
which either parking or standing, or both, shall be within 10 calendar days of the decision or action or
prohibited, or prohibited during certain hours, 10 calendar days of the date the person knew or
(b) Establishing the time limit for legal should have known of the decision or action.
parking in limited parking areas, (C) The City Manager or any City Council
member may initiate a review of any proposed
(c) Designating the angle of parking if member
or final decision by the City Manager by
other than parallel to the curb,
10-32-2 Code Update: 6109
TIGARD MUNICIPAL CODE
filing a written request at any time. " Signs Temper-ar-ib,
10.32.017 Standards
City traffic regulations shall be based on: Hi hiyay Commission and subjeet to the PFOViSiOBS
of the laws of the state of Ofegen, the City Engin
(A) Trak engineering principles and traffic .,,lie-City Del;ee Chief may, e to have e eetea
investigations; "
(B) Standards, limitations, and rules
promulgated by the Oregon Transportation and n„h;eet to the life;*.,*;ons no+f i4h in this seetien.
Commission;
rTneC-ity EngineeF aa&ef Poke Chie€
(C) Other recognized traffic control standards, may eFeet of e to have e eetea "no parking"
including the Manual of Uniform Traffic Control here the=,have made e finding that
Devices; and
and par-king eir-euleAien to be impeded absent the
(D) The professional judgment and discretion of "
the City Manager or designee, including
prioritization of city resources. („) The e e,.t:e.. and.. ntenanee eFn„eh
signs within the City by dir-eetion of the Git�,
io.32.020 Authority Of City Manager-To Engineer-anEtler-Pehee Chief shall be deemed an
Maddags And Signals „thefit„gfa.,ted by state law and pr-evisiefis of
Chapters 10.16. th.ough 10.32. (Or- 86 61
Subjeet to author-it),vested in the State Highwa) §!(Exhibit A), 1986).
Commission and subjeet to the pfevisiefis of the !a-A,s 10.32.026 Authority Of The City Enginee
of the Stae ef Oregon,the City N4anagef shall eause To Designate Areas Mlher-e
.
sigHs, fnafkings and t affi ntrel signals as may he
deemed. t„ .a;,-eet anEl .,late t,a ffie a-ad (a) Subjeet to authe-:t...opted in the Or-ege
out the pr-evisions of Chapte.-n 10.16 through b
10. e ,.l;.g n esigns . e .. ete to
i hhb the Git-y
,
areas,give netiee ef leeal par-king and ether speeia4 may designate
net te exeeed 100 feet
r-egulaiens. in
'where par-king is ,
if the Gity
1•.'e,gineer-dete.-mi en the parking Fentr;et;ons to he
Thee eet;.... and... nte.,a ee eF n„ehe e
n .F t.
r tFaffie saF .e«F ,-1
r the e«l..
mar-kings and sipalswithin the City by dir-eetien ef
..t oftfaffi..
the City N4aaager-shall be deemed an adfflinistfative
aet to be perfefmed under-the auther-ity gfanted by (a)The City Engineer-may install er-eause to
state WA,and the previsiens of Chapters 10.16 have installed signing and fnafkifigs as neeessai=y to
thr-eugh 10.3-2. (Or-d. 03 08, Or-d. 78 3 §7(a), 1978: give natiee of the areas whefe par-king is pr-ehibited-
n_,l 70 41 Ch. 4 §2 1970). and the times when..,.,.king; ebibitea The
nst.,ll..t:e. and.. nte..anee er n„eh signs within the
. r;t.,by,l;..eet;e„ of the City Engineer-shall he
City Poliee Chief To Have"No
10-32-3 Code Update: 6109
TIGARD MUNICIPAL CODE
Except as provided by Chapters 10.16 through
the authefity granted by state jaw alld previsions e 10.32, it is unlawful for any person to letter, mark, or
r`hapte fs 10.16+t,..,.ugh 10.32. (Ord 94 paint in any manner any letters,marks, or signs on
any sidewalk, curb or other portion of any street, or
10.32.030 Authority Of Police And Fire to post anything designed or intended to prohibit or
Officers. restrict parking on any street. (Ord. 78-3 §7(b), 1978;
Ord. 70-41 Ch. 8 §5, 1970).
(a) (A) It shall be the duty of the police
department through its officers to enforce the 10.32.060 Use Of Sidewalks.
provisions of Chapters 10.16 through 10.32.
Pedestrians shall not use any roadway for travel
(b) (B) In the event of a fire or other emergency, when abutting sidewalks are available. (Ord. 70-41
or to expedite traffic,er-to safeguard pedestrians,or Ch. 8 §6, 1970).
prevent the impediment of traffic or parking
circulation, officers of the police department may 10.32.070 Permits Required For Parades.
direct traffic,-or impose temporary, emergency "no
parking"zones as conditions may require, No procession or parade, except a funeral
notwithstanding the provisions of Chapters 10.16 procession,the forces of the United States armed
through 10.32. Temporary measures may not exceed forces and the military forces of this state, shall
24 hours or the duration of the emergency, occupy,march or proceed along any street except in
whichever is longer. accordance with a permit issued by the Chief of
Police. Such permit may be granted where it is found
(e) (C) Members of the fire department,when at that such parade is not to be held for any unlawful
the scene of a fire,may direct or assist the police in purpose and will not in any manner tend to a breach
directing traffic thereat or in the immediate vicinity. of the peace, cause damage or unreasonably interfere
with the public use of the streets or the peace and
(d) (D) Officers of the police department may quiet of the inhabitants of this city. (Ord. 70-41 Ch. 8
issue citations for violations of Chapters 10.16 §7, 1970).
through 10.32 and Chapter 7.60. For the purposes of
this section, "officers" includes Police Officers, 10.32.080 Funeral Procession.
Reserve Officers,Non-sworn Officers and
Community Service Officers. (Ord. 05-08,Ord. 78-3 Vehicles in a funeral procession shall be escorted
§7(b)(part), 1978; Ord. 70-41 Ch. 8 §3, 1970). by at least one person authorized by the Chief of
Police to direct traffic for such purposes and shall
10.32.040 Stop When Traffic Obstructed. follow routes established by the Chief of
Police. (Ord. 70-41 Ch. 8 §8, 1970).
No driver shall enter an intersection or a marked
crosswalk unless there is sufficient space on the 10.32.090 Drivers In Procession.
opposite side of the intersection or crosswalk to
accommodate the vehicle he is operating without Except when approaching a left turn,each driver
obstructing the passage of other vehicles or in a funeral or other procession shall drive along the
pedestrians, notwithstanding any traffic-control right-hand traffic lane and shall follow the vehicle
signal indication to proceed. (Ord. 70-41 Ch. 8 §4, ahead as closely as is practical and safe. (Ord. 70-41
1970). Ch. 8 §9, 1970).
10.32.050 Unlawful Marking. 10.32.100 Driving Through Procession.
10-32-4 Code Update: 6109
TIGARD MUNICIPAL CODE
No driver of a vehicle shall cross through a attached to the vehicle for the purpose of pulling
procession except where traffic is controlled by along the streets. (Ord. 70-41 Ch. 8 §15, 1970).
traffic-control signals or when so directed by a Police
Officer.This provision shall not apply to authorized 10.32.160 Use Of Roller Skates
emergency vehicles. (Ord. 70-41 Ch. 8 §10, 1970). Restricted.
10.32.110 Emerging From Vehicle. No person upon roller skates, or riding in or by
means of any coaster,toy vehicle or similar device,
No person shall open the door of, or enter or shall go upon any street except to cross at a
emerge from any vehicle into the path of any crosswalk. (Ord. 70-41 Ch. 8 §16, 1970).
approaching vehicle. (Ord. 70-41 Ch. 8 §11, 1970).
10.32.170 Skis On Streets.
10.32.120 Boarding Or Alighting From
Vehicles. No person on skis,toboggans, sleds or similar
devices shall travel on any street. (Ord. 70-41 Ch. 8
No person shall board or alight from any vehicle §17, 1970).
while such vehicle is in motion. (Ord. 70-41 Ch. 8
§12, 1970). 10.32.175 Operation Of Golf Carts And City
Of Tigard-Owned All-Terrain
10.32.130 Riding On Motorcycles. Vehicles(ATVs).
A person operating a motorcycle shall ride only (A) The Tigard City Council acknowledges
upon the permanent and regular seat attached thereto, that the use of golf carts on certain streets within
and such operator shall not carry any other person Summerfield would be beneficial to the residents of
nor shall any other person ride on a motorcycle Summerfield and would create no significant
unless such motorcycle is equipped to carry more hazard to either the users of the golf carts or other
than one person. (Ord. 70-41 Ch. 8 §13, 1970). traffic on the streets within Summerfield.
10.32.140 Unlawful Riding. (l) (B) Chapter 271, Section 4, of Oregon Laws
1975 authorizes the City Council of the City of
No person shall ride on any vehicle upon any Tigard to permit the operation of golf carts on public
portion thereof not designed or intended for the use streets within the City of Tigard and to prescribe
of passengers. This provision shall not apply to an such rules and regulations for the operation of golf
employee engaged in the necessary discharge of a carts as may be necessary. Chapter 271,Oregon
duty, or to a person or persons riding within truck Laws of 1975,further defines golf carts,exempts
bodies in space intended for merchandise. (Ord. 70- them from registration and license as a motor
41 Ch. 8 §14, 1970). vehicle,and sets forth certain limitations regarding
the areas in which they can be used.
10.32.150 Clinging To Vehicles.
(e) (C) Summerfield is a planned residential
(.a) (A) No person riding upon any bicycle, area qualifying as a real estate development under the
motorcycle, coaster, roller skates, sled or any toy terms of Chapter 271, Oregon Laws of 1975.
vehicle shall attach the same or himself to any
moving vehicle upon the streets. (d) (D) Golf carts may be driven upon the
streets in Summerfield during daylight hours for the
(b) (B) No person driving any vehicle shall purpose of moving the carts between the residences
permit any of the articles listed in subsection(a)to be
10-32-5 Code Update: 6109
TIGARD MUNICIPAL CODE
of their owners and operators and the recreational Repealed by 09-06.
areas within Summerfield.Golf carts shall at all
times be operated in a prudent manner,and shall be 10.32.190 Damaging Sidewalks And Curbs.
subject to the statutory laws of the State of Oregon
and the ordinances of the City of Tigard with regard (a) (A) The driver of a vehicle shall not drive
to the operation of vehicles,except such statutes and upon or within any sidewalk or parkway area except
ordinances as cannot be complied with on account of to cross at a permanent or temporary driveway.
differences in equipment required on golf carts as
compared with ordinary passenger vehicles and (1}) (B) A temporary driveway may be used only
trucks. after first obtaining a written permit therefor from the
City,who may impose such requirements as are
(e) (E) Operation of golf carts shall be necessary to protect the public improvements within
undertaken at the risk and responsibility of the the street at the temporary driveway.
owners and operators, and the City of Tigard by this
section assumes no responsibility for the operation of (F) (C) Any person who damages or causes to
the vehicles, and shall be held harmless in any action be damaged any public improvement within the
arising from the operation of golf carts on or off of street by driving a vehicle upon or within any
any public way in Summerfield. sidewalk or parkway area shall be liable for such
damage regardless of whether or not the damage
(#) (F) Operation of City of Tigard-owned resulted from the authorized use of a temporary
Class I all-terrain vehicles(ATVs)shall be allowed driveway. (Ord. 70-41 Ch. 8 §19, 1970).
upon public roadways, streets, highways, parks, park
trails and pathways and other related areas within the 10.32.200 Obstructing Streets.
City of Tigard by the police and public works
departments of the City. The operation of a Class I Except as provided by Chapters 10.16 through
ATV is only permitted for on-duty City of Tigard 10.32,or any other City ordinance, no person shall
personnel in the performance of their assigned duties. place, park, deposit or leave upon any street or other
public way, sidewalk or curb, any article or thing or
(g) (G) A City of Tigard-owned all-terrain material which in any way prevents, interrupts,or
vehicle(ATV)shall be defined as any Class I all- obstructs the free passage of pedestrian or vehicular
terrain vehicle as defined by ORS 801.190, and traffic,or obstructs a driver's view of traffic-control
which is operated by on-duty Police or Public Works signs and signals. (Ord. 78-3 §7(b), 1978; Ord. 70-41
Personnel in the performance of their assigned duties. Ch. 8 §20, 1970).
(h) (H) The City of Tigard shall post 10.32.205 Physical Erosion.
appropriate signage on City streets, highways,
roadways or other points within the City limits, as No person shall drag, drop, track or otherwise
now constituted or hereafter changed,to give notice place or deposit, or permit to be deposited,mud, dirt,
to all persons that the operation of Class I ATVs is rock or other such debris upon a public street or into
permitted within the City for on-duty Police and any part of the public storm and surface water
Public Works personnel in the performance of their system.Any such deposit of material shall be
assigned duties. (Ord. 09-06 §1; Ord. 76-42 §§1--5, immediately removed using hand labor or
1976). mechanical means.No material shall be washed or
flushed into any part of the storm and surface water
10.32.180 Trains Not To Block Streets. system and any such action shall be an additional
violation. (Ord. 91-34 Exh. A(part), 1991)
10-32-6 Code Update:6109
TIGARD MUNICIPAL CODE
10.32.210 Removing Glass And Debris. Except as the Council may by resolution or
ordinance change the traffic control regulations in
Any party to a collision or other vehicular accordance with the provisions of the ordinance
accident, or any other person causing glass or other codified in Chapters 10.16 through 10.32,all official
material or substance likely to injure any person, traffic signs, signals and markers existing October
animal or vehicle to be upon any street in this city, 12, 1970, shall be considered official under the
shall as soon as possible remove or cause to be provisions of Chapters 10.16 through 10.32. (Ord.
removed from such street all such glass or other 78-3 §7(b), 1978; Ord. 70-41 Ch. 8 §47, 1970).
material or substance. (Ord. 70-41 Ch. 8 §21, 1970).
10.32.245 Crossing Private Property.
10.32.220 Illegal Cancellation Of Traffic
Citations. No operator of a vehicle shall proceed from one
street to another street by crossing private property.
It is unlawful for any person to cancel or solicit This provision shall not apply to the operator of a
the cancellation of any traffic citation in any manner vehicle who stops on the property for the purpose of
except where approved by the Municipal Judge. procuring or providing goods or services. (Ord. 84-
(Ord. 70-41 Ch. 8 §22, 1970). 07 §1, 1984: Ord. 83-49 §2, 1983).
10.32.230 Tampering With Odometers 10.32.250 Penalties.
Prohibited-Penalty.
Violations of any provision of this chapter are a
Any person found guilty of violation of the class B traffic infraction. (Ord. 78-3 §7(c), 1978:
provisions of ORS Section 646.860 shall be subject Ord. 70-41 Ch. 8 §49, 1970). .
to the penalties prescribed by ORS Section 646.990,
and said sections are by reference herein made a part
hereof.(Ord. 72-22 §2, 1972: Ord. 70-41 Ch. 8 §24,
1970).
10.32.235 Use of Crosswalks(Jaywalking).
(a) (A) No pedestrian may cross the street or
roadway other than within a crosswalk if they are
within 100 feet of a crosswalk.
(b) (B) A pedestrian shall cross a street or a
roadway at a right angle unless crossing within a
crosswalk.
(a) For purposes of this section, "crosswalk"has
the same meaning as found in Oregon Revised
Statutes.
(4) A violation of any provision of this section is
a Class D violation notwithstanding any other
provision in this chapter. (Ord. 07-02)
10.32.240 Existing Traffic Signs.
10-32-7 Code Update: 6109