Ordinance No. 18-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 18-a!
AN ORDINANCE AMENDING SECTIONS 10.28 AND 7.60 OF THE TIGARD MUNICIPAL CODE
RELATING TO PARKING AND ABANDONED OR STORED VEHICLES.
WHEREAS, the Tigard Municipal Code for Abandoned Vehicles, TMC 7.60, is in need of update for
consistency with language in state statute and for consistent definitions of abandoned and stored vehicles;and
WHEREAS, the Tigard Municipal Code for Parking,TMC 10.28, painstakingly lists every location for limited
and no parking zones;and
WHEREAS, the amendment simplifies TMC 10.28 so that limited and no parking will be designated by
signage;and
WHEREAS, the amendments create new tools to manage parking with 4-hour parking for low-turnover areas
and the ability for the public to purchase a permit to park all day in 4-hour or permit-only zones;and
WHEREAS, the Tigard City Council has determined that the proposed code amendments are in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 10.28 is amended as shown in "Exhibit A" (additional
language underlined and deleted language semen).
SECTION 2: Tigard Municipal Code Chapter 7.60 is amended as shown in "Exhibit B" (additional
language underlined and deleted language stricken).
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 1,t'Y OAft i ,Vl 0-1 Svote of all council members present after being read by number
and title only,this �''='day of 3Oh,U ,2018.
Kelly Burgoyne,Deputy City Recorder
APPROVED: By Tigard City Council this day of J u6-0a ,2018.
V
Jo n L. Cook,Mayor
Ap roved as to form:
_ L
City Atto r y
1 100
Date
ORDINANCE No. 18-
Page 1
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 10.28 PARKING 10.28.170 Parking Prohibited In Specified
Places
Sections: 10.28.175 Residential Parking Zones
10.28.180 Definitions For Sections
10.28.010 Definitions 10.28.190 Through 10.28.210
10.28.020 Repealed By Ord. 93-21 10.28.185 Parking for Persons with
10.28.022 Purposes For Which Parking Is Disabilities
Prohibited 10.28.190 Application Of Parking
10.28.025 Vehicle Sales On Private Regulations To Disabled
Property Persons With Disabilities
10.28.030 Truck,Trailer,Bus,Camper, !.-..-! ! . - • •
Motor Home,
Yh a erAnd Boat Restrictions Exceptions
10.28.040 Removal Of Parked Vehicle 10.28.210 Removal And Impoundment Of
From Fire Area Vehicle Unlawfully Parked In
10.28.050 Required Precautions Space Reserved For Disabled
10.28.060 Parallel Parking Requirements Persons With Disabilities
10.28.070 Space Markings
!.- .! : ! , _ • • • - •• . .. . 10.28.010 Definitions
A. "Parking"or"parked," for purposes of the
Way city motor vehicle code, means the standing of a
10.28.090 Two-Hour Time Limit vehicle, whether occupied or not, otherwise than
10.28.095 Repealed by Ord. 02-14 temporarily for the purpose of and while actually
10.28.110 Fifteen-Minute Time Limit engaged in loading or unloading property or
10.18.115 Four-Hour Time Limit passengers,or in obedience to traffic regulations or
10.28.120 Sunday Restrictions traffic signs or signals.
10.28.130 Prohibited At Any Time =. ••• -
10.28.135 stop any vehicle for a longer period of time than
PAC Permit Parking Only that designated by official signs, parking meters or
Zones
10.28.136 Loading Zones • . "'., •: •• . .- -- __ _
Establish ... _
: -. • • ! • ': on the same sidc of the street within a space of three
10.28.138 Permits for Construction Zones hundred lineal feet measured along the curblinc
And Temporary Loading Zones and between intersections; and the parking,
10.28.139 Permit Parking standing or stopping of any vehicle within such
10.28.140 Violation—Mode Of Charging ••. -
Defendant during. .three hour p oa
10.28.145 Violation–Parking Time
Limits GB. For purposes of this chapter, the
10.28.150 Violation—Penalty definitions of the following terms as used herein
10.28.160 Authority To Impound shall conform to the following ORS sections
Improperly Parked Vehicles
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TIGARD MUNICIPAL CODE
(2017) which by reference herein are made a part public way within the city limits for any of the
of this chapter: following purposes:
1. "Camper" is defined as set forth in A. Selling or offering merchandise for sale;
ORS Section 801.180.
B. Displaying the vehicle for sale;
2. "Highway" or "street" is defined as
set forth in ORS Section 801.305. RC. Washing, greasing or repairing such
vehicle except as may be necessitated by
3. "Mobile home" is defined as set emergency.
forth in ORS 801.310.
C. Storage, for any period of more than 21
4.3. "Motorbus" is defined as a hours, except that this subsection shall be subject
Commercial Bus as set forth in ORS 801.200. to the limits elsewhere prescribed in the city motor
5:4. "Motor home"is defined as set forth
in ORS Section 801.350. facie evidence of storage of a vehicle if the same is
6:5. "Motor truck"is defined as set forth of the time shall not be deemed broken by
in ORS Section 801.355. movement of the vehicle elsewhere on the block
7. "Recreational vehicle" is defined as block where it was located before it is returned.
set forth in ORS 446.003. - - - •• -
on the right of way of any highway, or upon any
S:6."Trailer" is defined as set forth in .•. '
ORS Section 801.560. - - -- -
9-7. "Travel trailer" is defined as set 7.60 shall apply.(Ord.93 21 §3)
forth in ORS Section 801.565.
10.28.025 Vehicle Sales On Private
4-0,8. "Truck tractor"is defined as set Property
forth in ORS Section 801.575. (Ord. 99-28; Ord.
93-21 §1; Ord. 70-41 §1) A. No property owner,unless in compliance
with the provisions of Chapter 5.04, Business
9. "Truck trailer"is defined as set forth Taxes, and in further compliance with all
in ORS Section 801.580. applicable zoning codes,shall allow more than one
vehicle to be displayed for sale on his or her
10.28.020 Repealed By Ord.93-21 property.
10.28.022 Purposes For Which Parking Is B. Violation of this section shall be a Class
Prohibited 1 infraction and shall be subject to the provisions
of the civil infractions ordinance, Chapter 1.16 of
No person shall park a vehicle on the right-of- this code. (Ord. 87-40 §1)
way of any highway, or upon any public street or
10-28-2 Code Update: 6/14
TIGARD MUNICIPAL CODE
10.28.030 Truck,Trailer,Bus,Camper, Ord.79-109§1;Ord.76-57§1;Ord.76-30§1;Ord.
Motor Home,Recreational- 70-41 §3)
Vcle,And Boat Restrictions
E. These restrictions shall not apply to any
A. No person shall at any time park or leave City-owned or public-owned vehicle that is
standing a motor bus, motor truck, truck tractor, operating in an official capacity.
motor home, boat, vehicle with camper,
recreational vehicle, or trailer, as defined in ORS 10.28.040 Removal Of Parked Vehicle
801.560, whether attended or unattended, on any From Fire Area
improved public highway, public street or other
public way within the city limits, for a period Whenever the owner or driver of a vehicle
greater than 30 minutes, between the hours of discovers that such vehicle is parked immediately
12:01 a.m. and 6:00 a.m. 12am-6am. in front of or close to a building to which the fire
department has been summoned, he or she shall
B. A recreational vehicle camper, travel immediately remove such vehicle from the area
trailer or motor home may be parked on a public unless otherwise directed by police or fire officers.
street longer than the period allowed in Section (Ord. 70-41 §4)
10.28.030.A if:
10.28.050 Required Precautions
1. It is owned by the resident or guest
of the resident of the property in front of which it No person having control or charge of a motor
is parked; vehicle shall allow it to stand on any street
unattended without first fully setting its parking
2. It is parked on the public street brakes, stopping its motor and removing the
adjacent to the lot of the resident; and ignition key and, when standing upon any
precipitous grade, the front wheels of the vehicle
3. It is parked on the public street no shall be angled into the curb. (Ord.70-41 §5)
longer than 10 days in any calendar year. After the
10 day allowance,the vehicle may not be parked or 10.28.060 Parallel Parking Requirements
left standing for a period greater than 30 minutes,
between the hours of 12am-6am. No person shall stand or park a vehicle in a
street other than parallel with the edge of the
C. Such vehicle must be parked in a manner roadway shoulder or curb when present, headed in
which does not interfere with traffic or create a the direction of lawful traffic movement, and with
hazard by obstructing the view of drivers. No the curbside wheels of the vehicle within 4-8 12
feature of the vehicle may create a hazard to inches of the edge of the curb, except where the
pedestrian traffic,including but not limited to slide street is marked or signed for angle parking. (Ord.
outs,canopies and retractable steps. 70-41 §6)
D. Tractor Trailer, Truck Trailer.No person 10.28.070 Space Markings
shall at any time park a tractor trailer or truck trailer
as described in Section 10.28.010.0 unattended on Where parking space markings are placed on
any improved public highway, public street or a street, no person shall stand or park a vehicle
other public way within the city limits. (Ord. 01- other than at the indicated direction and within a
23; Ord. 93-21 §4; Ord. 81-86 §1; Ord. 81-84 §1; single marked space. (Ord. 70-41 §7)
10-28-3 Code Update: 6/14
TIGARD MUNICIPAL CODE
right of way line of S.W. Main Street to a point
!._:,! : ! ., - , _ - _. 215 feet southeasterly therefrom;
Way of S.W.Commercial Street extending from a point
_ . . . .. right of way line of S.W. Main Street to a point
of S.W. Main Street between the intersection 253 feet southeasterly therefrom;
thereof with S.W. Burnham Street and the-Oregon
Electric Railroad right of way shall be parallel 5. In that portion of the northeast half
4484 right of way line of S.W. Manx Street to a point
257 feet southeasterly therefrom;
10.28.090 Two-Hour Time Limit
No person shall park or leave standing a extending from a point which lies 165 feet
vehicle of any kind or character,whether motorized
or not, and whether attended or unattended, S.W. Pacific Highway to a point 120 feet
continuously in excess of two hours in anv area
designated as a 2-hour parking zone during the
times and days specified by signage, except with a B. BETWEEN 9 A.M.AND 6 P.M.:
valid construction zone or temporary loading zone
permit issued pursuant to TMC Section 10.28.138. 1. S.W.Main Street;
,except on Sundays and holidays,on the following
public streets and highways, or portions thereof, 2. Repealed by Ord. 02 11;
A. BETWEEN 8 A.M.AND 5 P.M.: 3. The northerly half of S.W. Center
1. In that portion of the southwest half ' - _ :-• :. • :.. . • _ .
of the right of way of S.W.Tigard Street extending S.W. 87th Avenue;
from the southeast right of way line of S.W.
•: . •• e :. - 4. The cast side of S.W. 87th Avenue
right of way line of S.W.Main Street; between Pacific Highway and Center Street,except
2. In that portion of the southwest half
of S.W. Commercial Street extending frem a point 5. Along the northeast side of S.W.
,.hieh--lees 15 feet southeasterly of the southeast : . -- - - _ -• .. -
right of way line of S.W. Main Street to a point
139-feet southeasterly therefrom; Street.
3. In that portion of the southwest half C. ANYTIME:
of S.W. Commercial Street extending from a point
which lies 535 feet southeasterly of the southeast Within the southwest half of S.W.
Walnut Place beginning at a point which lies 175
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TIGARD MUNICIPAL CODE
No person shall park a motor vehicle of any
thence extending southeasterly 90 feet therefrom. kind or character, whether motorized or not,
(Ord. 02-14; Ord. 99-13; Ord. 95-31; Ord. 92-27 whether attended or unattended, in any area
§2; Ord. 87-05 §1; Ord. 86-45 §1; Ord. 84-03 §1; designated as a Sunday restricted zone during the
Ord. 82-75 §1;Ord. 81-87 §1; Ord. 80-65 §3;Ord. times specified by signage.between the ho,,r..s of6
79-108 §1; Ord. 79-10 §1; Ord. 77-36 §1;Ord. 77- a.m.and 12 noon,on Sundays,according to Pacific
5 §1; Ord. 76-53 §1; Ord. 70-41 §9) _ . _., . '. !. _• -
10.28.095 Repealed by Ord. 02-14 public streets in the city:
10.28.110 Fifteen-Minute Time Limit A. The westerly side of S.W. Grant Street
extending from the intersection thereof with S.W.
A. No person shall park or leave standing a Johnson Street to the intersection thereof with S.W.
vehicle of any kind or character,whether motorized Walnut ^venue.
or not, and whether attended or unattended, for a
period of longer than 15 minutes in any area B. The southerly side of S.W. McKenzie
designated as a 15-minute parking zone during the _• :' _ ': .
times and days specified by signage. between the S.W. Grant Street to the intersection thereof with
S.W.Pacific Highway(99W).(Ord. 70-41 §13)
holidays, in any area designated as a 15 minute
pa-king-zone. !.-.. _ . •,• 'P . . .
B. The city engineer shall establish 15 No person shall park a motor vehicle of any
minute parking zones to include no more than 20
the locations for the 15 minute parking zones, the the city: - -
businesses along Main Street. The 15 minute time A. Repealed by Ord. 02 14.
limit shall become effective upon installation of
-• -- - .•, _ .•- B. Between the hours of 8 a.m. and 5 p.m.
- . - ••-• .-- •- . (Ord. 95-30; Ord. 86-
59 §1; Ord. 71-33 §1; Ord. 70-41 §§10, 12, 12A) S.W. Grant Avenue from the intersection thereof
10.28.115 Four-Hour Time Limit of the roadway at Charles F. Tigard School
gfeunds.
No person shall park or leave standing a vehicle of
any kind or character,whether motorized or not,or C. Between the hours of 7 a.m. and 6 p.m.
attended or unattended,continuously in excess of 4 within the right of way of S.W.Garrett Street from
hours in any area designated as a 4-hour parking _. .._'
zone during the times and days specified by ..
signage, except with a valid permit pursuant to southwesterly 250 feet.
TMC Section 10.28.138 or 10.28.139.
D. Between the hours of 7 a.m. and 6 p.m.,
10.28.120 Sunday Restrictions except Saturday and Sunday, within the right of
way of S.W.Garrett Street between Cresmer Drive
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TIGARD MUNICIPAL CODE
and a point 400 feet southeasterly from Pacific
Highway, except along the southwest side of painted-faafkihgs,
Garrett Street within 240 feet of Cresmer Drive.
2. Within the following described portions
E. Between the hours of 8 p.m. and 6 a.m., of the right of way of S.W. Hall Boulevard:
a vehicle of any kind or character, whether a. Repealed by Ord. 80 65.
motorized or not, and whether attended or
. ., .. b. Within that portion of the right of
of S.W. Milton Court beginning at the north right
of way line of Bonita Road and extending intersection thereof with the Oregon Electric
northerly the full length of the street up to and ..: _-- - '- -• -
including the cul de sac at the end of the street. the intersection thereof with the center of Fanno
(Ord.02-14; Ord. 98-23;90-12 §1;Ord. 84-68 §1; Creek.
Ord. 83-18 §1; Ord. 74-44 §2)
3. Within the east half of the right of way
10.28.130 Prohibited At Any Time of S.W. Hall Boulevard, within 435 feet northerly
of the intersection of the east right of way line of
No person shall at any time park or leave S.W. Hall Boulevard with the north right of way
standing a vehicle of any kind or character,whether line of S.W. Pacific Highway(99W).
motorized or not, and whether attended or
unattended, in any area designated by signage as a 1. Repealed by Ord. 80 65.
no-parking zone. ' • • -- - • _ -• - -
... 5. Within the west half of the right of way
city: of S.W. Hall Boulevard, within 721 feet northerly
of the intersection of the west right of way line of
1. Within the improved portion of the right
line of S.W.Pacific Highway(99W).
the intersection of the centerline of S.W. Bull 6. Repealed by Ord.02 11.
Mountain Road and the same extended to the
.. •..' 7. Repealed by Ord. 02 14.
8. Within the right of way of S.W.
in Book 611,page 286,Deed Records,Washington right of way of S.W. Hall Boulevard on the north
County,Oregon;except that there is authorized and side northwesterly 100 feet, and on the south side
northwesterly 170 feet.
.._ . .., . 9. Within the easterly half of the right of
way of S.W. Electric Street, within 100 feet
. -- .. .. . northerly of the intersection of the easterly right
exceed 15 minutes, extending from a point of way line of S.W. Electric Street with the
northerly right of way line of S.W. Main Street.
opposite the most easterly corner of the Charles F.
10-28-6 Code Update: 6/14
TIGARD MUNICIPAL CODE
10. Within the north half of the right of way
of S.W. Pinebrook Street,within 111 feet westerly thence southeast 95 feet.
of the intersection of the west right of way line of
20. On S.W.Hunzikor Street extending from
line of S.W.Pinebrook Street. the intersection thereof with S.W. Hall Boulevard
11. Within the southeasterly half of S.W.
21. Within the right of way of S.W. 69th
northeasterly line of S.W. Scoffins Street, Avenue, extending from the intersection thereof
northeasterly to the intersection thereof with S.W. with the south right of way of S.W. Pacific
Pacific Highway right of way. -
right of way line of S.W.Dartmouth Street.
12. Within the northwesterly half of that
.. .. _ . 22. On the northerly one half of S.W.Walnut
the west and thereof with S.W. Pacific Highway, Street beginning at the westerly edge of the
northeasterly 230 feet.
and extending westerly to a point 190 feet from
- - i�.e
Street,extending from the intersection thereof with
_ •• 23. Within the southwest half of the right of
Tiedeman Avenue. way of S.W. Commercial Street, within 15 feet
14. Within the curblines on each side of S.W. S.W.Main Street.
Sandberg Strcct, including the cul de sac.
24. Within the curblines on each side of S.W.
15. Repealed by Ord. 02 11. Lomita Street,beginning at a point in the centerline
thereof, which point lies 200 feet east of the east
16. On the southwesterly one half of S.W. right of way line of S.W. 90th Avenue, and
:. .. .. running thence easterly and northerly a distance of
_ 160 feet therealong.
southeasterly a distance of 200 feet.
25. Within the southeasterly half of S.W.
17. On the southeasterly one half of Grant
Street beginning at the right of way line of Walnut
Street and extending thence southwesterly to the
end of the street at the Charles F.Tigard elementary 8,-W,--Tigard Street.
26. Repealed by Ord.02 11.
18. On the south one half of Scott Court
•: 27. Within the right of way of S.W. 68th
Avenue and extending thence westerly 283 feet.
19. On the northeast one half of S.W. Street to the intersection thereof with the west
Commercial Street beginning at the southeast right right of way line of S.W. 66th Avenue.
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TIGARD MUNICIPAL CODE
28. Within the northwesterly half of the 36. Repealed by Ord.02 14.
right of way of S.W. Main Street, within 497 feet
southwest of the southeast right of way line of 37. Within the right of way of S.W. 112th
S.W. Pacific Highway. Avenue, extending southerly from S.W. Gaarde
Street to the frontage road along S.W. Pacific
29. Within the southeasterly half of the right Highway.
38. Repealed by Ord. 02 14.
Interstate No.5 with the southeast right of way line
of S.W. Boons Ferry Road and extending 39. Upon or within any delineated bicycle
southwesterly a distance of 270 feet therefrom. _ ..
30. Within the right of way of S.W. Scoffins 10. Within the paved portions of S.W. 72nd
_ Avenue between Pacific Highway and the
S.W. Main Street, southeasterly to S.W. Hall Beaverton Tigard Highway(State Highway 217).
fid-
11. Along both sides of S.W. Greenburg
31. Repealed by Ord. 02 14. Road between Pacific Highway and Shady Lane.
32. Along both sides of S.W. 121st Avenue 12. Within the right of way of S.W. 110th
between Scholls Ferry Road and Burlhcights Avenue, beginning at a point 106 feet northerly of
Drive. and extending thence 270 feet northerly.
33. Within the right of way of S.W.
Summerfield Drive, extending from the 13. On S.W. Gaarde Street from Pacific
of S.W. Durham Road to the intersection thereof of the north half of Gaarde Street beginning at a
• - :• . ay line of S.W. 98th point 80 feet east of the east curbline of 110th
Avenue; except that there is authorized and Avenue and extending to a point 190 feet east of
the east curbline of 110th Avenue,measured along
area commencing at the west right of way line of the north curbline of Gaarde Street.
S.W. Century Oak Drive running westerly a
distance of 300 feet along the south curb of S.W. 11. Within the northeasterly half of the right
Summerfield Drive ..
34. In the southeasterly one half of S.W. Highway, southeasterly a distance of 75 feet
Main Street,extending southwesterly 115 feet from therefrom.
15. Within the right of way of S.W. Fir
of S.W. Scoffins Street with the southeast right of
way line of S.W.Main Street. _. .. . .. _..
35. Along both sides of S.W. 72nd Avenue 16. Within the right of way of S.W. Fir
between the Beaverton Tigard Highway (State
- _ .. of S.W.Fir Street.
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TIGARD MUNICIPAL CODE
17. Within the right of way of SAV,—.mall St.,to a point 90 feet southeasterly of the centerline
in,
with S.W. Pacific Highway (99W) southerly to a
.. .. .. __ 56. On the northwesterly half of S.W. Ash
S.W. Scoffins Street.
line -of S.W. Commercial Street and extending
18. Within the right of way of S.W. 70th
Avenue, extending from the intersection thereof
with S.W. Hampton Strcct, southerly to the
tefminus-thereog
intcrsection thereof with S.W. 115th Avenue
49. Within the northerly half of S.W. Walnut easterly a distance of 165 feet.
Place; also, within the southwest half of S.W.
Walnut Place beginning at S.W. Pacific and, : .. . . e. • :..
thence, extending a distance of 175 feet
59. Repealed by Ord. 95 32.
60. Within the west half of the right of way
lying between S.W. 72nd Avenue and S.W. 66th of S.W.92nd Avenue,beginning at the intersection
Avenue. thereof with the south right of way line of S.W.
Durham Road; thence, extending southerly 1,150
51. Repealed by Ord. 98 09. feet.
52. Repealed by Ord. 98 09. 61. Within the right of way of S.W. 92nd
Avenue, beginning at a point which lies 1,150 feet
53. Within the southeast half of the most southerly of the south right of way line of S.W.
southerly end of S.W.Main Strcct,beginning at the Durham Road; thence, extending southerly 1,190
intersection of the southeast curblines of S.W. feet; excepting therefrom the south 680 feet of the
Pacific Highway and S.W. Main Street and ..est h.,lfthereof
extending 75 feet along the Main Street curbline to
a point; also, therein, beginning at a point on the 62. Along the east side of S.W. 85th Avenue
Main Street curblinc which lies 205 feet from said • ! . ' :.. . . .. - ! .. • . --
intersecting curblines and extending 30 feet .. • -. .- : e. -..-•
therealong to a point.
63. On S.W. Varns Street from S.W. 72nd
51. Within the westerly half of the right of _ . . .. •way of 115th Avenue extending from the of 72nd Avenue.
intersection with S.W. Gaarde Street northerly to
the intersection of S.W.Fortner Street. 61. On S.W. Watkins Avenue from S.W.
Pacific Highway to a point 75 feet west of the west
55. Within the northwesterly right of way of curbline of Pacific Highway.
S.W. McKenzie Street from a point 20 feet
65. Repealed by Ord. 09 09.
centerlines at S.W. McKenzie St., and S.W. Grant
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TIGARD MUNICIPAL CODE
66. On S.W. 69th Avenue from Pacific 78. Along the west side of S.W. 108th
Highway to a point 150 feet north of the north Avenue from Chateau Lane to a point 233 feet
curbline of Pacific Highway, m asured along the south of the centerline of Chateau Lane until such
cast curbline of 69th Avenue. time as 108th Avenue is improved in this location
to full minor collector standards. At the time that
67. Along the south side of S.W. Locust the street is improved, the effect of the ordinance
Street between Grcenburg Road and 93rd Avenue. codified in this subsection(78)shall cease.
68. Along the south side of Spruce Street 79. Along portions of S.W. Fir Street
between a point 100 feet east of the extended between S.W.72nd Avenue and the street terminus
centerline of S.W. 72nd Avenue and a point 100 west of 74th Avenue, as follows: along the entire
feet west of the extended c-• - •- _. . .. ; . . _
Avenue. street within 60 feet of the west curbline of S.W.
72nd Avenue;and along the north side of the street
69. Along both sides of S.W. 135th Avenue west of a point which is 60 feet west of the
between Scholls Ferry Road and Morning Hill centerline of S.W. 74th Avenue.
Drive.
80. Along both sides of S.W. North Dakota
70. Along both sides of S.W. Nimbus Street between S.W. Tiedeman Avenue and S.W.
Avenue between Scholls Ferry Road and a point 115th Avenue.
210 feet south of the south curbline of Scholl&
Ferry Road. 81. Along both sides of S.W. Dartmouth
Street between S.W. 68th Parkway and S.W.
71. Along both sides of S.W. Bonita Road Pacific Highway.
between Hall Boulevard and S.W. 83rd Court.
82. Along the west side of S.W. 108th
72. Along both sides of S.W. Bonita Road Avenue between Durham Road and a point 145 feet
between 83rd Court and Fanno Creek. north of the centerline of Chateau Lane.
73. Repealed by Ord. 02 11. 83. Aleng the west side of S.W. 109th
Avenue beginning at the start of a curve
74. Along the north side of Canterbury Lane approximately 260 feet south of the south curb line
between Pacific Highway and S.W. 106th Avenue. of Canterbury Lane and continuing south a distance
of 285 feet measured along the west curbline of
75. Along the north side of Benchview S.W. 109th Avenue.
Terrace between S.W. 132nd Avenue and the west
..• -• = - .. 81. Along the east side of S.W. 109th
recorded in Book 66,page 38,of the plat records of Avenue beginning at the start of a curve
Washington County. approximately 260 feet south of the south curbline
of Canterbury Lane and continuing south a distance
76. Along both sides of S.W. McDonald of 125 feet measured along the east curbline of
Street between Hall Boulevard and 93rd Avenue. S.W. 109th Avenue.
77. Repealed by Ord. 95 17.
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TIGARD MUNICIPAL CODE
85. Along the south side of Canterbury Lane 07;Ord.95-06;Ord.94-22;Ord.93-27§§1,2;Ord.
93-26 §1; Ord. 92-28 §1; Ord. 92-17 §1; Ord. 92-
east curblinc of Pacific Highway. 11 §1; Ord. 91-29 §1; Ord. 91-25 §1; Ord. 91-24
§1; Ord. 91-23 §1; Ord. 91-09 §1; Ord. 90-42 §1;
86. On both sides of S.W. Durham Road Ord. 90-36 §1; Ord.90-35 §1;Ord. 90-34 §1; Ord.
90-33 §1; Ord. 90-32 §1; Ord. 90-31 §1; Ord. 89-
-Read- 12 §1; Ord. 88-30 §1; Ord. 88-05 §1; Ord. 88-04
§1; Ord. 87-53 §1; Ord. 87-46 §1; Ord. 86-67 §1;
87. On both sides of S.W. North Dakota Ord. 87-06 §1;Ord. 86-55 §1;Ord. 86-54 §1;Ord.
Street between Scholls Ferry Road and 86-45A§1;Ord. 86-13 §1;Ord. 86-04 §1;Ord. 84-
Springweed-Drive, 53 §1; Ord. 83-50 §1; Ord. 83-46 §1; Ord. 83-29
§1; Ord. 83-28 §1; Ord. 82-82 §1; Ord. 82-76 §1;
88. On S.W.70th Avenue between Beveland Ord. 81-80 §1;Ord. 81-57 §1;Ord. 81-46 §1;Ord.
Street and Franklin Street. 80-65 §§1, 3; Ord. 79-60 §1;Ord. 79-107 §1;Ord.
79-113 §1;Ord.79-114§1;Ord.79-39§1;Ord.79-
89. Along the southwest side of S.W. 9 §1;Ord.78-45 §1;Ord.78-68 §1;Ord.78-39 §1;
Commercial Street beginning at a point 250 feet Ord.78-38 §1;Ord.77-93 §1;Ord.77-92 §1; Ord.
.. .. _ 77-78 §1; Ord. 77-77 §1; Ord. 77-73 §1; Ord. 77-
•_ : . ::•- ! __ .. • .. - 61 §1; Ord. 77-40 §1; Ord. 77-39 §1; Ord. 77-36
.. _ §2; Ord. 77-6 §1; Ord. 76-56 §1; Ord. 76-38 §1;
Ord. 76-33 §1;Ord.76-31 §1;Ord.76-20 §1;Ord.
90. On both sides of S.W. Walnut Street 76-8 §1; Ord. 76-7 §1; Ord. 76-6 §1; Ord. 75-47
between the south leg of 135th Avenue and S.W. §1; Ord. 75-38 §1; Ord. 75-34 §1; Ord. 75-51 §1;
Schells-FerryRoad Ord. 74-44 §1; Ord. 71-32 §1; Ord. 70-41 §14)
91. On both sides of S.W. Royalty Parkway 10.28.135 Parking Prohibited 8 ".M. T„6
between Pacific Highway and Naeve Street. P.M.Parking Permit Only
Zones
92. Any portion of the right of way of S.W.
76th Avenue beginning at the south right of way A. The City Council may, by resolution,
- : : . • :.. : :. • establish permit parking only zones. Such zones
feet. will be for the exclusive use of vehicles with valid
permits, issued pursuant to TMC Section
93. Within the northeast half of S.W. 10.28.139, during the days and times indicated by
Commercial Street beginning at a point 318 feet signage.
southeast of the southeast right of way line of S.W.
Main Street and continuing to a point 118 feet B. At all times other than those times
.. _ designated in the resolution establishing a
particular permit parking only zone,such zones are
94. On the east side of S.W. 116th Place from available for general use.
S.W.Beef Bend Road to a point 100 feet from the
curbline of S.W. Beef Bend Road. (Ord. 14-07 §1; No person shall park or leave standing a
Ord. 09-09 § 3; Ord. 02-14; Ord. 99-12; Ord. 99- . . '
11; Ord. 98-23; Ord. 98-09; Ord. 96-01; Ord. 95- or not, between the hours of 8 a.m. and 6 p.m. on
32; Ord. 95-25; Ord. 95-23; Ord. 95-17; Ord. 95- any day of the week, including Saturday and
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TIGARD MUNICIPAL CODE
persons or commodities;_ but—nNoncommercial
portion of S.W. Johnson Street, in the City of vehicles shall must, upon demand, give way to
Tigard, Oregon: commercial vehicles whose drivers desire to use
the zone for loading or unloading purposes.
.. .. _. Commercial vehicles using loading zones shall be
are entitled to the use of a loading zone only during
feet of the northwesterly right of way line of S.W. such time as may reasonably be necessary for the
Pacific Highway.(Ord. 75-19 §1) loading and unloading of persons and materials and
for so long as such activity actually continues.
10.28.136 Loading Zoneserity—To- Loading zones shall may not be used by employees
Establish of the business or businesses for the benefit of
which they were established, for any purpose
A. The city council may, by resolution, except the continuous loading or unloading of
establish loading zones along any street for the persons or materials.
purpose of permitting the loading and unloading of
merchandise and persons. The action of the city C. At all times other than those times
.. . ' designated in the resolution establishing
takenee. In establishing loading zones a particular loading zone, such zones shall-be are
the city council shall give consideration to the available for general use, under the parking
volume and nature of business within the area _ .. '-•. .
under consideration, the traffic demands upon the are-leeat-ed,
street in question, the nature of the need of the
adjacent business or businesses and of the needs of D. The city council shall may consider
other businesses within the immediate area, the creation of loading zones upon application by any
width and surface of the street, and any other resident or property owner, and if, after
relevant information. - - ._ • •- ..- •: .-- , consideration of the factors identified in subsection
_... .. '... A of this section,the city council determines that a
... _ _ . _ .. .. loading zone should be created, it shall will create
_ such loading zone by ordinance resolution and
as an area of restricted parking shall be indicated direct that the loading zone so established by
marked by appropriate signs.
clearly the area affected, and which shall state the appropriate signs and cause them to be installed.
.. - .. . . •: -- " _.. _ -" The City may require the applicant shall to pay the
restricted applies Loading zones will be marked city the cost of the necessary signs and poles and
by signage. the cost of the labor necessary to install them;,and
B. Loading zones shall be are reserved for (Ord. 76-10 §1)
use by commercial vehicles ire loading and
unloading persons and commodities during the !.-.. _. . . _. .
hours designated on all days except Sundays and
holidays. No person shall may stop, stand or park The following portions of public streets within
any vehicle other than a commercial vehicle within the City of Tigard arc designated as loading zones
the designated area between such hours,except that for the hours indicated:
noncommercial vehicles may use such zones while
actually engaged in the loading or unloading of A. Repealed by Ord. 95 20.
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TIGARD MUNICIPAL CODE
entered upon the permit but in no event shall a
B. Within the easterly half of S.W. 87th --- ,. : may not exceed one
Avenue, beginning at a point 30 feet southerly of year.
S.W. Center-8#cet and, thence, running southerly C. Fees. The fee for a construction zone
._ permit or a temporary loading zone permit shall be
loading zone between the hours of 9 a.m.to 3 p.m., $21.00 for one year or two dollars for each month
year. will be determined by resolution of the City
C. Repealed by Ord. 95 20. (Ord. 95 20; Council and will be paid The fee shall be paid to
Ord. 92 27 §1; Ord. 86 60 §1; Ord. 86 11 §1; Ord. the chief of police at the time of application.In-the
81 90 §1; Ord. 76 10 §2) event the need for the permit terminates before the
end of the term allowed by the permit as issued,the
10.28.138 Construction Zones And .. ' ..
Temporary Loading Zones of the charge that would have boon made for the
unused term of the permit.
A. Provision for Permits. Any person who
finds it necessary to park a motor vehicle for actual D. Display of Permit. Before any person
construction or maintenance work or who finds it shall use a parking space in such a way as to require
necessary to block off a parking space or spaces - .. .,
along the curb in a zone in which parking is loading zone permit he or she shall obtain the
controlled, shall be entitled to a construction zone construction permit or temporary loading zone
permit. Any person who finds it necessary in permit, and at all such times as the vehicle or
connection with the conduct of a commercial vehicles shall be Whenever a vehicle is parked in
enterprise or in the construction of a building, to the-plaee-as authorized by such a permit,the permit
park a motor vehicle or to block off a parking space shall must be legible and visible from outside the
or spaces along the curb for such work may apply vehicle. :' : . - ._• . . . . - -
for shall be entitled to a temporary loading zone observing the vehicle from the outside to read it. If
permit. Application for a construction zone permit the vehicle is equipped with a sunvisor above or
or a temporary loading zone permit shall be made beside the windshield on the driver's side, the
in writing on a form provided by the community permit shall be displayed on the sunvisor, which
development director. The director, or director's shall be turned down so as to expose the permit
designee, : - - .. '_ ...• . -• toward the outside of the vehicle.
as he or she may request. The chief of police shall E. The purpose of this section is to permit
make such investigation as he or she deems use of the public streets for parking in
necessary and, if he or she is satisfied that the circumstances in which parking would otherwise
applicant has a reasonable need for the permit,the be prohibited or limited as to time pursuant to the
chief of ehee shah will issue a construction zone ordinances of the City of Tigard. (Ord. 78-75 §2)
permit or a temporary loading zone permit.
10.28.139 Permit Parking.
B. Term of Permit. The term of a permit
• - - .- '- -• - •- A. A vehicle parking permit allows:
A of this section shall be established by the chief of
police will be determined by the director and 1. the parking of a permitted vehicle to
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TIGARD MUNICIPAL CODE
be exempt from the posted time limit under 1.Displays a permit on a vehicle for
TMC Section 10.28.115 where permit parking which the permit was not issued;
is designated by signage; and
2. Displays a permit that is expired,
2. the parking of a permitted vehicle in a suspended,or revoked;
space identified by signage as being for
permit parking only in a permit parking zone 3. Obtains a permit from the City by
established pursuant to TMC Section misrepresentation;
10.28.135.
4.Fails to surrender a permit at the
B. Any person is eligible to obtain a vehicle City's lawful request;
parking permit.
5. Duplicates or attempts to duplicate,
C. A person desiring a vehicle parking by any means, a parking permit authorized
permit must apply for same with the community pursuant to this chapter,or displays such a
development department on a form prepared by duplicate permit on any vehicle.
the City and pay applicable fees. Permit fees and
changes to permit fees for permit parking H. In addition to any fines or other
authorized by this chapter shall be by resolution of penalties that may be imposed,upon conviction
the City Council. for misusing a parking permit, all permits issued
to the offender and the right to apply for or
D. A permit holder shall notify the display a permit shall be suspended for a period of
community development department of loss or three months.
theft of a vehicle parking permit within three
business days. The permit holder may purchase a I. Misuse of a parking permit is a
replacement vehicle permit by paying the violation punishable under TMC Section
applicable fee, as set by resolution of the City 10.28.150.
Council.
J. Display of a vehicle parking permit does
E. A parking permit is valid until not convey any privileges other than that of
expiration, surrender, or revocation so long as the exceeding the posted permit parking time limit or
permit holder and its vehicle remain in parking in permit parking areas. It does not
compliance with all parking area regulations. authorize parking in any other restricted zone and
is not a defense in enforcement of TMC Chapter
F. The City may revoke and may require 7.60.
the surrender of a vehicle parking permit held by a
person or business who commits misuse of a K. Nothing in this ordinance shall limit the
parking permit as defined in subsection G of this authority of any city police officer from requiring
section. or causing the removal of any parked vehicle in an
emergency or where the vehicle is subject to
G. A person commits the offense of seizure or removal according to law.
misusing a parking permit if a person does any of
the following:
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TIGARD MUNICIPAL CODE
10.28.140 Violation—Mode of Charging 10.28.150 Violation—Penalty
Defendant
Any violation of the provisions of any section
A. In all prosecutions for violation of city of this chapter or any rule or regulation therein
motor vehicle parking laws, it shall be sufficient to stated, shall, upon conviction, be punishable by a
charge the defendant by an unsworn written notice fine of not more than $100.00 for each violation.
if the same clearly states: set by resolution of the City Council. (Ord. 70-41
§30)
1. The date, place and nature of the
charge. 10.28.160 Authority To Impound
Improperly Parked Vehicles
2. The time and place for defendant's
appearance in Court. A. When any unattended vehicle is parked
upon any street, alley or public way of the City of
3. The name of the citing attesting Tigard in such a manner that it is unlawfully parked
officer. in any prohibited or restricted area;or is unlawfully
parked for a length of time prohibited by ordinance
4. The license number of the vehicle. or resolution of this city; or is parked in such a
position that it constitutes an obstruction to traffic
B. The notice provided for in subsection A or creates a danger to travel upon the street, alley
of this section shall either be delivered to the or public way; or is found abandoned in any street,
defendant or placed in a conspicuous place upon alley or public way;or in the event that an operator
the vehicle involved in the violation. The notice of a vehicle is arrested and placed in custody and is
shall serve as the complaint in the case. In all other not in condition to drive the vehicle to a place of
respects the procedure now provided by law in such safety and there is no other person present who may
cases shall be followed. (Ord. 70-41 §15) properly act as agent for such operator to drive the
vehicle to a place of safety,such vehicle is declared
10.28.145 Violation—Parking Time to be a public nuisance and subject to summary
Limits abatement,removal and impounding.
A. It shall be unlawful to park a vehicle in B. Both the owner and the operator of a
violation of the maximum time limits applicable in vehicle impounded pursuant to subsection A of this
any time limited parking zone. The time limits section shall be legally responsible for payment of
mean the continuous aggregate of time in which a the costs of towing and storage. The towing and
vehicle is parked in a time-limited zone. This storage charges shall be established in advance,
shall not prohibit removing a vehicle from the pursuant to an agreement between the police
above-designated area and returning the vehicle to department of the City of Tigard and the towing
said area after expiration of one hour or moving and storage firm or firms called upon to conduct
the vehicle more than 300 feet from its original such business. No charges in excess of those
location. previously agreed upon shall be levied against the
owner or operator of a vehicle towed pursuant to
B. Subsection A does not apply to vehicles in subsection A of this section.
a 4-hour parking space displaying a valid permit
pursuant to TMC Sections 10.28.138 or C. The towing service called upon to
10.28.139. impound a vehicle and finding the owner or driver
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TIGARD MUNICIPAL CODE
thereof present shall release the vehicle upon the i. Any official side-mounted
presentation of proper identification of the owner traffic control sign or signal,
or operator, and upon the owner or operator's
signing an authorized receipt in duplicate (except ii. Intersection traffic,or
where exclusive orders are given by the police
department that the vehicle be impounded), and a iii. Any pedestrian in a
service charge not to exceed one-half of the cost for crosswalk;
the towing of the vehicle shall be made,that charge
to be paid by the owner or operator. The duplicate c. Vehicles described in
signed receipt shall be given to the operator or subsection C.2 of this section include, but are not
owner of the vehicle, and the original signed copy limited to,the following:
shall be recorded by the towing service in its ledger
of releases. (Ord. 77-98 §1) i. Vehicles with darkened,
shaded or curtained windows,
10.28.170 Parking Prohibited In Specified
Places ii. Vehicles modified to
eliminate side window(s)and/or rear windows,
It is unlawful for the driver of a vehicle to stop
or park the vehicle, whether attended or iii. Vehicles with visibility
unattended, except when necessary to avoid through windows blocked by parcels, packages or
conflict with other traffic or in compliance with the freight,
directions of a police officer or traffic control
signal,in any of the following places: iv. Pickup vehicles of less
than six feet in height but mounted with a canopy
A. Within an intersection. or camper with limited visibility through it,
B. On a crosswalk. v. Panel trucks(except those
with windows on both sides of the rear portion of
C. Within 50 feet of any uncontrolled the truck, and also on the back of the truck);
intersection or any intersection controlled with
side-mounted stop signs,side-mounted yield signs, d. An uncontrolled intersection is
or side-mounted signals,except: one where there are no traffic-regulating signs or
signals.
1. On one-way streets leaving an D. Any other vehicle not identified in
intersection; subsection C of this section,within 25 feet from the
intersection of curb lines;or if none,then within 15
2. On streets otherwise signed if: feet of the intersection of property lines at an
intersection within a business or residence district.
a. The vehicle is over six feet in
height,or E. Within 15 feet of the driveway entrance
to any fire station.
b. The vehicle is less than six feet
in height but by manufacture or modification, F. Within 10 feet of a fire hydrant, save and
obscures the vision of: except taxicabs occupying properly signed taxi
zones.
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TIGARD MUNICIPAL CODE
passengers or merchandise for a period not
G. In front of a private driveway. exceeding two minutes.
H. On a sidewalk or parking strip. QP. In any construction zone, except by such
vehicles as are actually necessary to the
I. On the roadway side of any vehicle construction work being carried on.
stopped or parked at the edge of a street or
highway. RQ. On city-owned or city-operated property
designated for use for motor vehicle parking by
J. At any place where official signs, curb authorized city personnel only,without the consent
paint, or markings have been installed prohibiting of the city,if there is in plain view on such property
standing, stopping or parking; provided, however, a sign prohibiting public parking or restricting
driver-attended private passenger motor vehicles, parking.
taxicabs or other public conveyances may stop for
not more than 30 seconds in such a tow-away zone SR. Within any city park or part thereof,
for the purposes of loading and unloading during the time the park, or the relevant part of it,
passengers. is closed to the public. (Ord. 87-70 §1; Ord. 78-76)
K. In front of the entrance of any post office S. In a marked bicycle lane.
or other place where mail is received; or within 10
feet of a mailbox during the hours of 8:00 a.m. to T. Within 20 feet from a crosswalk at an
4:30 p.m. ' . intersection.
L. In any street, alley or lane, so as to 10.28.175 Residential Parking Zones
prevent the free passage of other vehicles in both
directions at the same time (except on one-way A. The city council, pursuant to TMC
streets), or so as to prevent any vehicle from Section 10.32.010, may establish residential
turning from one street into another. parking zones. The purpose of residential parking
zones is to prohibit parking by nonresidents during
M. In any street, alley or lane, in lieu of off specific time periods within specific geographic
-- •- •., = . - •- - .,- ' : •- . areas used predominantly for residential purposes.
The city council resolution which establishes the
NM.In any emergency zone. residential parking zone shall clearly define the
geographic limits of the area affected by the zone
ON. In any loading zone, except as to a and the hours during which the parking by
commercial vehicle when actually engaged in nonresidents will be prohibited. Residents within
loading or unloading goods,wares,merchandise or the parking zones may obtain a permit from the city
materials, for a period not exceeding 20 minutes; manager pursuant to subsection B of this section to
and as taxicabs when loading or unloading allow for the parking of vehicles within the zone
passengers or merchandise,for a period of time not during the restricted hours.
exceeding two minutes.
B. The city manager shall establish
PO. In a bus loading zone,except a motor bus procedures and standards for the issuance of
or taxicab actually engaged in loading or unloading permanent and temporary permits to residents that
will allow the residents and their guests to park
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TIGARD MUNICIPAL CODE
their vehicles within residential parking zones so shall constitute a violation of this section. (Ord.
during the restricted hours.At a minimum,the city 03-08; Ord. 91-26 §1)
manager shall establish rules which establish the
criteria for issuance, surrender and revocation of 10.28.180 Definitions For Sections
permits,evidence of proof of residence and vehicle 10.28.190 Through 10.28.210
ownership, terms of the permit, standards for
display of the permit, and allow for the issuance of As used in Sections 10.28.190 through
temporary permits to residents for the parking of 10.28.210 unless the context requires otherwise:
nonresident vehicles for temporary periods upon a
showing of reasonable need for such permits. A. "Disabled parking space" means a
parking space that is on private or public property
C. The city manager shall cause to be and is marked or signed to provide parking for
installed and maintained,pursuant to TMC Section disabled persons persons with disabilities.
10.32.020, official signs for residential parking
zones which clearly identify the parking B. "Disabled person" means a person who
restrictions for nonresidents and the exception to permanently suffers from any of the following
those restrictions for permit holders within the disabilities:
residential parking zones.
1. Loss or loss of function of one or
D. It shall be unlawful for any person to: both legs or significant limitation in the use of the
legs;
1. Provide false information in
connection with an application for a permanent or 2. Inability to be mobile without the
temporary permit.
2. Fail to surrender a permit, when 3. Loss or loss of function of both
requested to do so, when the person is no longer hands;
entitled to the permit.
1. Loss of vision or substantial loss of
3. Use a permit when the permit holder
is no longer entitled to the permit.
5. Respiratory disability that makes
4. Use, or allow the use of a permit in use of walking as a means of transportation
conjunction with a vehicle other than the vehicle
for which the permit was issued.
5. Use,or allow the use of a temporary 6. Cardiovascular disability that makes
permit in a manner inconsistent with the terms and use of walking as a means of transportation
limitations of the permit. impossible or impractical.
E. The city manager is authorized to revoke BG. "Government building" and "public
any permit when the permit holder is found to be in building" have the meanings given those terms in
violation of the provisions of this section, and, ORS 447.210.
upon written notification thereof,the permit holder
shall surrender the permit to the city. Failure to do CD. "Marked motor vehicle" means a motor
vehicle conspicuously displaying the decal,
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TIGARD MUNICIPAL CODE
insignia or plates issued under the provisions of whether or not the vehicle displays a disabled
ORS 487.925. (Ord. 80-58 §1) person parking permit; or
D. "Person with a disability"means a person 3. The person parks a vehicle in a
who permanently suffers from any of the following parking space that is on private or public property
disabilities: and that is marked or signed "Wheelchair User
Only"as described in ORS 447.233 and the vehicle
1. Loss or loss of function of one or does not conspicuously display a "Wheelchair
both legs or significant limitation in the use of the User"placard or decal issued under ORS 811.613.
legs;
B.A person commits the offense of blocking a
2. Inability to be mobile without the parking space reserved for persons with disabilities
use of a wheelchair or other assistance device; if the person:
3. Loss or loss of function of both 1. Stops or parks a vehicle in such a way
hands; as to block access to a parking space that is on
private or public property and that is marked or
4. Loss of vision or substantial loss of signed to provide parking for persons with
visual acuity or visual field beyond correction. disabilities; or
5. Respiratory disability that makes 2. Places an object or allows an object to
use of walking as a means of transportation be placed in such a manner that it blocks access to
impossible or impractical; or a parking space that is on private or public property
and that is marked or signed to provide parking for
6. Cardiovascular disability that makes persons with disabilities.
use of walking as a means of transportation
impossible or impractical. C. A person commits the offense of
unlawful use of a disabled person parking permit if
10.28.185 Parking for Persons with Disabilities the person:
A. A person commits the offense of 1. Is not a person with a disability and is
unlawful parking in a space reserved for persons not transporting the holder of a disabled person
with disabilities if: parking permit to or from the parking location; and
1. The person parks a vehicle in any 2. Uses a disabled person parking permit
parking space that is on private or public property described under ORS 811.602 or 811.606 to
and that is marked or signed to provide parking for exercise any privileges granted under ORS
persons with disabilities and the vehicle does not 811.635.
conspicuously display a disabled person parking
permit issued by Oregon DMV or another D. A person commits the offense of use of
jurisdiction. an invalid disabled person parking permit if the
person uses a permit that is not a valid permit from
2. The person parks a vehicle in the another jurisdiction, and that:
aisle required by ORS 447.233 regardless of
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TIGARD MUNICIPAL CODE
1. Has been previously reported as lost
or stolen; 1. To parking in zones where stopping,
2. Has been altered; parking or standing of all motor vehicles is
prohibited;
3. Was issued to a person who is
deceased at the time of the citation; 2. To late evening or overnight parking
where such parking is prohibited;
4. Has not been issued under ORS
811.602; 3. To parking in zones reserved for
5. Is a photocopy or other reproduction special types of motor vehicles or activities; or
of a permit,regardless of the permit or status;or
4. To parking in zones where parking
6. Is mutilated or illegible. is permitted only for 30 minutes or less.
E. Subsections A through D of this TMC D. A person who is not disabled other than a
Section 10.25.085 do not apply: person with a disability,as defined in TMC Section
10.28.180, and who exercises the privileges
1. To a vehicle that is momentarily in granted to a disabled person with a disability under
a disabled parking space for purposes of allowing this section, commits a parking violation as
a person with a disability to enter or leave the provided in Section 10.28.150. (Ord. 80-58 §2)
vehicle.
1 1 . . . .
2. To any disabled parking space that
Disabled-Persons-With-
is subject to different provisions or requirementsDisabilities-Prohibited--
under city ordinance if the different provisions or Exceptions
requirements are clearly posted.
A. Except as provided in subsection B of
10.28.190 Application Of Parking - . . ...
Regulations To Disabled • - . . - - .•,
Persons With Disabilities .. . . .. _ .
A person with a disability may: B. Subsection A of this section does not
A. Park a marked motor vehicle in any
public parking zone restricted as to the length of 1. To a vehicle that is momentarily in
time parking is permitted therein without incurring . ... _ .._ .. .. _
the penalties imposed for overtime parking in such a disabled person to enter or leave the vehicle.
zones;and
2. To any disabled parking space that
B. Park a marked motor vehicle in any is subject to different provisions or requirements
public parking zone with metered parking without under city ordinance if the different provisions or
being required to pay any parking meter fee. requirements are clearly posted.
C. The provisions of subsection A of this
section do not apply:
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TIGARD MUNICIPAL CODE
C. Violation of subsection A of this section
is a parking violation as prohibited in Section
10.28.150.(Ord. 80-58 §3)
10.28.210 Removal And Impoundment Of
Vehicle Unlawfully Parked In
Space Reserved For Disabled
Persons With Disabilities
A vehicle parked on private property in
violation of Section 10.28.208185 is subject to the
provisions of Section 10.28.160.(Ord. 80-58 §4)■
10-28-21 Code Update: 6/14
Exhibit B
TIGARD MUNICIPAL CODE
Chapter 7.60 ABANDONED OR STORED
VEHICLES. c. The vehicle appears to be wrecked,
partially dismantled or junked,
Sections:
d. The vehicle appears to have been
7.60.010 Definitions. "stored" as that term is defined in Section
7.60.015 Abandoned Or Stored Vehicles- 10.28.022(3)of this Codc; or
-Offense.
7.60.020 Removal--Notice. e. The vehicle has remained in the
7.60.030 Removal--Procedure. came position, or within the five hundred foot
7.60.040 Information Provided By
Tower. thirty(30)days.
7.60.050 Impoundment--Notice.
7.60.055 Hearing To Contest Validity Of 2. "City" means the City of Tigard.
Custody And Removal.
7.60.057 Exemption For Criminal 3. "Costs" means all expenses associated
Investigation. with the towing, storing and selling a vehicle in
7.60.060 Appraisals. violation of Section 7.60.015.
7.60.070 Vehicles--Disposition.
7.60.080 Sale—Notice. 4. "Chief of Police" includes the Chief,
7.60.090 Sale--Procedure. designee of the Chief or any authorized law
7.60.100 Redemption Before Sale. enforcement officer of the City, including code
7.60.110 Sale--Proceeds Disposition. enforcement officers.
7.60.120 Application.
7.60.130 Charges. 5. "Owner" means any individual, firm,
7.60.140 Forms. corporation or unincorporated association,
7.60.150 Claim Of Owner To Proceeds. partnership, limited liability company or other
entity with a claim,either individually or jointly,of
7.60.010 Definitions. ownership or any interest of record, legal or
equitable, in a vehicle.
A. As used in this chapter, unless the context
requires otherwise: 6. "Stored" or "Storage" means any vehicle
that has remained in the same location for a
1. "Abandoned" or "abandoned vehicle" minimum of 72 hours.
means any vehicle that has been deserted or
relinquished:— A vehicle shall be considered 67. "Vehicle"means every device in,upon or
abandoned if it has remained in the same location by which any person or property is or may be
for more than twenty-four hours and one or more transported or drawn upon a public highway,
of the following conditions exist: except devices used exclusively upon stationary
rails or tracks. (Ord. 97-04; Ord. 92-31 §1, 1992;
a. The vehicle has an expired license Ord. 90-04 §1, 1990; Ord. 73-24 §1, 1973).
plate;or
7.60.015 Abandoned Or Stored Vehicles-
b. The vehicle appears to be -Offense.
inoperative or disabled; or
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1. It shall be unlawful for any person to examining the records of the appropriate
abandon a vehicle on any public right of way or e•:..- ••-• . . . - .
other public property within the City of Tigard.
The owner(s)of the vehicle shall be responsible for A.B.If a vehicle is found abandoned or stored as
any and all monies incurred or charges associated described above, the City shall give notice to
with the cost of the removal, storage, detention, remove the vehicle by affixing a notice to tow the
maintenance and disposition of the abandoned or vehicle. :: - -• -- •• .. .
stored vehicle.
1. By affixing a notice to tow the vehicle
2. Except for those vehicles subject to the .. ..
provisions of subsection 3 below, a vehicle found and-
to be in violation of subsection 1 above, is subject
to the provisions for notice,removal,impoundment 2. By mailing notice, by certified mail with
and disposition as provided for under 7.60.020, . . . .. :, .
7.60.030, 7.60.050, and 7.60.070 to 7.60.110 of (5) days prior to towing the vehicle. The five day
this Chapter. period under this paragraph docs not include
holidays, Saturdays ex-Sunday
3. In the event a vehicle is abandoned or
stored upon a public right of way or on public C. The notice referenced in subsection B. above
property which vehicles has, on two prior shall state:
occasions within a one (1) year period, been
identified by the Chief of Police as abandoned or 1. That the vehicle violates Chapter 7.60 of
stored and the owner thereof has been given notice this the Tigard Municipal Code and as a result, is
consistent with the terms of Section 7.60.020 on subject to being towed and impounded i f the
both prior occasions,then the vehicle is deemed to ... ..
be a threat to the traveling public and can therefore
be immediately towed and impounded by the City 2. That the vehicle, if towed and
without prior notice to the owner or apparent owner :- .:•- - - -• - .-• .
thereof. However, notice consistent with 7.60.050 other related charges and costs and may be sold to
shall be sent to the owner/ or apparent owner satisfy those charges.
thereof within forty-eight (48) hours of the
impoundment, excluding Saturdays, Sundays and 3. That the owner -or lawful possessor
legal holidays. having an interest in the vehicle is entitled to a
hearing, to contest the proposed tow and the
4. The violation of this Chapter is a Class B reasonableness of any charge resulting from the
traffic infraction. (Ord. 97-04; Ord. 90-04 §1, . . • . .. _. • ...•. ••. .
1990).
1. That a hearing must be requested within
7.60.020 Removal--Notice. five (5) business days of the mailing date of the
notice.
A. It shall be the duty of the Chief of Police,
.. ... .. RD.In the event a vehicle is abandoned or stored
on any public right of way or public property, to in a location or manner as to constitute an imminent
.: or immediate hazard or obstruction to traffic, the
means necessary including but not limited to Chief of Police may immediately take custody of
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TIGARD MUNICIPAL CODE
and remove said vehicle without giving the notice provide, by first class mail and also by certified
provided for above prior to the tow and mail with the receipt stamped as proof of mailing,
impoundment. (Ord. 97-04; Ord. 90-04 §3, 1990; within forty-eight hours of the removal, notice to
Ord. 73-24§2, 1973). the owners of the vehicle as shown in the records
of the Department of Motor Vehicles of the
7.60.030 Removal--Procedure. availability of a right to a hearing to contest the
towing and impoundment. The forty-eight hour
A. An abandoned or stored vehicle which period does not include holidays, Saturdays or
remains in the same position, or with" a Sundays.
five hundred foot radius has not been moved a
minimum of five hundred feet from of its earlier B. Any notice given under this section after a
position for a period of five f days (holidays, vehicle is taken into custody and removed shall
Saturdays and Sundays not included) after an state all of the following:
owner has been requested to remove it or after
notice has been served as required by Section 1. That the vehicle has been impounded as
7.60.020, may be removed by the police a result of its violation of Chapter 7.60 of the
department using their own personnel, equipment Tigard Municipal Code;
or facilities or those of others. (Ord. 97-04; Ord.
92-31 §2, 1992; Ord. 90-04 §4, 1990: Ord. 73-24 2. The place where the vehicle is
§3, 1973). impounded or the telephone number and address of
the appropriate authority that will provide the
7.60.040 Information Provided By information;
Tower.
3. That the vehicle is subject to towing and
A. A person who tows a vehicle at the request of storage charges as well as the accruing rate for the
the City shall provide notice to the person claiming daily storage charges;
the vehicle, containing the following information:
4. That the vehicle and its contents are
1. That the vehicle has been towed for subject to lien for payment of the towing and
violation of the Tigard Municipal Code; and storage charges and that the vehicle and its contents
may be sold by the City or the towing and storage
2. That a hearing may be requested to facility to cover the charges if the charges are not
contest the validity of the tow, the time within paid within fifteen(15)days;
which to make the request, and the method for
making the request. 5. That the owner of the vehicle aed/or its
contents is entitled to a prompt hearing to contest
B. Each person who redeems a vehicle shall sign the validity of custody and the reasonableness of
a copy of the receipt issued, indicating that they the charges therefor;
have received notice of their right to a hearing.
(Ord. 97-04; Ord. 90-04 §5, 1990; Ord. 73-24 §4, 6. That the hearing must be requested not
1973). more than five (5) days, (holidays, Saturdays or
Sundays not included),from the mailing date of the
7.60.050 Impoundment--Notice. notice and the method for requesting a hearing;
A. If the City takes custody of a vehicle, it shall 7. That the vehicle and its contents may be
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immediately reclaimed by presentation to the other person who demonstrates a right to
appropriate authority of satisfactory proof of possession of the vehicle. If the vehicle is ordered
ownership or right to possession and payment of released,the person to whom the vehicle is released
all the accrued towing and storage charges. (Ord. is not liable for any predecision towing or storage
97-04; Ord. 90-04 §6, 1990; Ord. 73-24 §5, 1973). charges. If the person has paid the towing and
storage charges,the City shall reimburse the person
7.60.055 Hearing To Contest Validity Of for the payment. The person shall be liable for
Custody And Removal. storage charges incurred more than twenty-four
hours after the time the vehicle is officially ordered
A. An owner or any other person who reasonably released to the person.
appears to have an interest in the vehicle may
request a hearing to contest the validity of the tow b. Valid, the City shall order the
armor impoundment of a vehicle by submitting a vehicle be held until the costs of the hearing and all
written request for hearing with the City not more towing and storage costs are paid. If the vehicle
than five (5) days from the mailing date of the has not yet been removed, the City shall order its
notice. The request shall state the reason(s) why removal.
the owner or other interested person believes that
tow armor impoundment is or would be improper. 5. A person failing to appear at a hearing is
A hearing shall comply with all of the following: not entitled to another hearing unless the person
provides the City satisfactory proof for the person's
1. Upon receipt of a proper request for a failure to appear.
hearing, the City shall set a time for a hearing
within seventy-two(72)hours of the receipt of the 6. The City is only required to provide one
request and shall provide notice of the hearing to (1) hearing each time it proposes to or takes a
the owners of the vehicle. The seventy-two hour vehicle into custody and thereafter removes the
period in this subsection does not include holidays, vehicle.
Saturdays or Sundays.
7. The Hearings Officer may be an officer,
2. Hearings held under this section may be official or employee of the City,other than the City
informal in nature, but shall afford a reasonable police departmettnt,but may not have participated
opportunity for the person requesting the hearing to in any determination or investigation related to the
demonstrate by the statements of witnesses and tow armor impoundment of the vehicle. The
other evidence, that the tow a*or storage of the Hearings Officer may promulgate rules for
vehicle was invalid, or for any other reason not conducting hearings.
justified.
8. The determination of the Hearings
3. The City shall provide a written Officer at a hearing is final and not subject to
statement of the results of the hearing to the person appeal. (Ord. 97-04; Ord. 90-04 §7, 1990).
requesting the hearing.
7.60.057 Exemption For Criminal
4. If the City finds after a hearing that the Investigation.
custody and removal of a vehicle was:
A vehicle that is being held as part of any
a. Invalid, the City shall order the criminal investigation is not subject to any
immediate release of the vehicle to the owner or requirements of Section 7.60.020, 7.60.050 and
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TIGARD MUNICIPAL CODE
7.60.055. (Ord. 97-04;Ord. 90-04 §8, 1990). the vehicle and execute a certificate of sale.
7.60.060 Appraisals. 4. The certificate of sale shall be
substantially as follows:
A person who is issued an appraiser certificate
by the Department of Motor Vehicles shall be the CERTIFICATE OF SALE
only person qualified to appraise vehicles for sale
under Sections 7.60.070 and 7.60.080 through This is to certify that under the provisions of
7.60.090. (Ord. 97-04; Ord. 90-04 §9, 1990: Ord. Ordinance No. 73- entitled 'An Ordinance
73-24 §6, 1973). Providing for the Impounding and Disposition of
Abandoned Vehicles', I did on the day of
7.60.070 Vehicles--Disposition. X420 ,sell to ,for the sum of $
cash,the following described personal property,to-
A. As often as necessary,the Chief of Police shall wit:
be provided with a list of all unclaimed vehicles
which have been towed and stored by or for the (Brief description of property)
City.
Dated this day of ,4.920 .
1. If the vehicle has been stored for more
than fifteen (15) days and has been appraised at Note:The City of Tigard assumes no responsibility
seven hundred fifty dollars ($750) or less, or has as to the condition of title of the above described
been in storage for thirty (30) days or longer, the property. In case this sale shall for any reason be
Chief of Police shall as soon as convenient, invalid,the liability of the City of Tigard is limited
authorize the sale of the vehicle in accordance with to the return of the purchase price.
the provisions of any contract pertaining thereto. If
there is no contract, the Chief of Police shall file 5. In the event a vehicle is sold in
with the Department of Motor Vehicles the license accordance with the provisions of a contract, the
plates, if any, and an affidavit describing the Chief of Police shall ensure that,at the time of sale,
vehicle, stating the location and appraised value of that a certificate of sale in substantially the same
the vehicle, and stating that the vehicle will be form as described in subsection 4.of this section is
junked or dismantled. The Chief of Police or issued to the purchaser. (Ord. 97-04; Ord. 90-04
designee shall state that notice of intent to junk or §§10, 11, 1990;Ord.73-24 §7, 1973).
dismantle the vehicle has been sent with
notification of the location of the vehicle to the 7.60.080 Sale--Notice.
owner.
A. The Chief of Police may decide to sell at
2. Failure of the owner to reclaim the public auction any vehicle which has not been
vehicle within fifteen (15) days after the date claimed within thirty(30)days and which is valued
notification is mailed shall constitute a waiver of at seven hundred fifty dollars ($750) or more, if
his interest in the vehicle. there is no contract authorized by the Council
pertaining thereto. If there is to be a public auction,
3. Upon completion and forwarding of the the Chief of Police shall cause to be published,in a
affidavit and expiration of the time period stated in newspaper of general circulation within the City, a
subsection 2- of this section, the Chief of Police notice of sale which shall state:
may,without notice and public auction, dispose of
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TIGARD MUNICIPAL CODE
1. The sale is of abandoned property in the This is to certify that under the provisions of
City's possession; Ordinance No. 73- entitled, 'An Ordinance
Providing for the Impounding and Disposition of
2. A description of the vehicle, including Abandoned Vehicles',and pursuant to due notice of
the type, make, license number, I--D: vehicle the time and place of sale, I did on the day of
identification number and any other information ,4-320 ,sell at public auction to , for the
which will aid in accurately identifying the vehicle; sum of$ cash, he being the highest
3. The terms of the sale; bidder, and that being the highest and best sum bid
therefor, the following described personal
4. The date,time and place of the sale. property,to-wit:
B. The notice of sale shall be published two (Brief description of the property)
times. The first publication shall be made not less
than ten(10)days prior to the date of the proposed And in consideration of the payment of the
sale, and the second shall be made not less than said sum of$ , receipt whereof is hereby
three(3)days prior to the date of the proposed sale. acknowledged, I have this day delivered to said
(Ord. 97-04; Ord. 90-04 §12, 1990; Ord. 73-24 §8, purchaser the foregoing property.
1973).
Dated this day of ,4-320 .
7.60.090 Sale--Procedure.
Note: The City of Tigard assumes no
A. If the Chief of Police decides to sell any responsibility as to the condition of title of the
vehicles under the provisions of Section 7.60.080, above described property. In case this sale shall for
the sale shall be at the time and place appointed any reason be invalid, the liability of the City of
with the vehicle to be sold in view. Tigard is limited to the return of the purchase price.
(Ord.97-04;Ord. 90-04 §13, 1990; Ord. 73-24 §9,
B. The vehicle shall be sold to the highest bidder, 1973).
providing that if no bids are entered, or those bids
which are entered, are less than the costs incurred 7.60.100 Redemption Before Sale.
by the City, the Chief of Police may enter in his
discretion a bid on behalf of the City in an amount A. An owner may redeem a vehicle impounded
equal to such costs. under the provisions of this Chapter, before a sale
or disposition has taken place, by applying to the
C. At the time of payment of the purchase price, Chief of Police. The redemption application shall
the Chief of Police shall execute a certificate of include:
sale, in triplicate, the original of which shall be
delivered to the purchaser,a copy thereof filed with 1. Evidence satisfactory to the Chief of
the City Recorder, and a copy transmitted to the Police of the applicant's ownership or other interest
Oregon Department of Motor Vehicles. in the vehicle,that such claim is rightful;and
D. The certificate of sale shall be substantially as 2. Pay any and all costs associated with the
follows: towing and storage of the vehicle due and owing at
the time the application is made.
CERTIFICATE OF SALE
B. Upon compliance with subsection A of this
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TIGARD MUNICIPAL CODE
section, the Chief of Police shall execute a receipt 7.60.110 Sale--Proceeds Disposition.
for the owner and cause the vehicle to be returned
to him. (Ord. 97-04; Ord. 73-24 §10, 1973). A. Upon a sale being consummated,the Chief of
Police shall deliver the vehicle and the certificate
of sale to the purchaser. The sale and conveyance
shall be without redemption.
B. The proceeds of a sale shall be applied:
1. To payment of costs incurred by the City;
and
2. The balance, if any, shall be transferred
to the City Recorder, to be credited to the general
fund of the City. (Ord. 97-04; Ord. 73-24 §11,
1973).
7.60.120 Application.
This Chapter shall apply to all abandoned
vehicles now in the possession of the City, as well
as to abandoned vehicles that are hereafter
impounded. (Ord. 97-04; Ord. 73-24 §12, 1973).
7.60.130 Charges.
A person or owner entitled to a vehicle held
under the provisions of this Chapter is not liable for
nor shall be required to pay storage charges for a
period in excess of sixty (60) days. (Ord. 97-04;
Ord. 90-04 §14, 1990: Ord. 73-24 §13, 1973).
7.60.140 Forms.
All forms necessary to implement and enforce
the provisions of this Chapter shall be prepared and
on file in the City Recorder's office. (Ord. 97-04;
Ord. 90-04 §15, 1990: Ord. 73-24 §14, 1973).
7.60.150 Claim Of Owner To Proceeds.
A. If the vehicle is sold by the Chief of Police
under the provisions of Sections 7.60.070 or
7.60.080 and 7.60.090,then at any time within two
(2) years after the sale of the vehicle the former
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owner of the vehicle may recover the proceeds of
the sale,as deposited in the general fund of the City
pursuant to section 7.60.110,by filing a claim with
the City Treasurer. Such claims shall be audited in
the same manner as other claims against the City.
B. If the vehicle is sold under the provisions of a
contract, the balance of the proceeds of the sale,
with a return of sale,shall be transmitted to the City
Treasurer for deposit in the general fund of the
City. The towing and storage facility under
contract may deduct from the proceeds of the sale
the costs incurred in the sale and the costs and
expenses in the removal,preservation and custody
of the vehicle. At any time within two (2) years
after the sale of the vehicle the former owner of the
vehicle may recover the proceeds of the sale, as
deposited in the general fund of the City, by filing
a claim with the City Treasurer. (Ord. 97-04; Ord.
90-04 §16, 1990: Ord. 73-24 §15, 1973).■
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