Ordinance No. 19-11 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19- I)
AN ORDINANCE REPEALING AND REPLACING TIGARD MUNICIPAL CODE 7.48 RELA LED TO
SPECIAL EVENTS PERMITS
WHEREAS, Tigard Municipal Code (TMC) 7.48 currently only regulates public assemblies—defined as
gatherings of over 1,000 people for a period of more than 10 hours—which leaves a significant gap in the City's
ability to regulate other types of gatherings on City property or within the City right-of-way;and
WHEREAS, the City's current practice is inconsistent between departments in terms of how special events are
permitted and there are no clear criteria for approval of such an event;and
WHEREAS,the City has assembled an inter-departmental group to develop a new process and code for handling
special event applications;and
WHEREAS, this ordinance proposes to repeal the existing TMC 7.48,limited to public assemblies, and instead
replace it with a code that will apply to all special events occupying public right-of-way or City-owned property,
as defined in the ordinance.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 7.48 is hereby repealed in its entirety and replaced with the
text attached as Exhibit A.
SECTION 2: This ordinance shall be effective October 1,2019.
PASSED: By 1j/ /U/VG(Q rote of all council members present after being read by number and
title only,this ...231day of 9.p.iti
2019.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this 13 da f ,2019.
Jason B. Snider,Mayor
Aroved as to form:
1_
City Attorney
Date
ORDINANCE No. 19-I I
Page 1
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 7.48 USE OF CITY PROPERTY 7.48.020 Time, Place, and Manner
AND PUBLIC RIGHT-OF-WAY FOR Limitations on Special Events.
SPECIAL EVENTS.
The city may restrict the date and duration of
Sections: event proposals that are shown to conflict with
other permitted events.
7.48.010 Permit Required; Scope.
7.48.020 Time, Place, and Manner 7.48.030 Permit Application.
Limitations on Special Events.
7.48.030 Permit Application. A person who seeks to use public right-of-way
7.48.040 Standards for Approval. or city property for a special event must apply for
7.48.050 Conditions. a permit on the form provided by the city and
7.48.060 Appeal of the Permit Decision. include any applicable fees. The city-provided
7.48.070 Enforcement. form will require, at a minimum,the following:
7.48.010 Permit Required; Scope. A. The proposed date,time,place,and hours
for the special event;
A. No person may occupy public right-of-
way or city-owned property for a special event B. The area of public right-of-way or city
without a current, valid city permit for the event. property to be occupied for the applicant's use;
As used in this chapter, a special event is an
assembly or gathering of persons for entertainment, C. The location of any streets or
recreation,the display or sale of goods or services, intersections where the applicant proposes to
or other common purpose to be undertaken by a restrict access by pedestrians or vehicles and a
person other than the city that may involve use or traffic control plan. The traffic control plan must
closure of public right-of-way or city-owned address likely traffic impacts resulting from the
property, control over vehicle and pedestrian proposed special event and demonstrate
access to the special event location, use of sound compliance with the requirements of the
amplifying devices, use of public personnel or Americans with Disabilities Act;
resources for emergency response, or any
combination of those elements. D. Provisions for emergency response
services for the event;
B. A special event permit is not required for
events consisting solely of rentals of park E. The proposed type and location of
structures or sport fields. facilities for on-site food preparation and
consumption and for mobile food sales, if any;
C. The issuance of a special event permit
confers the right to control and regulate activities F. Provisions for waste disposal and for
within the special event venue consistent with the toilet facilities;
terms of the special event permit only.
G. Whether there will be a fee, charge, or
cost imposed for participation in the special event;
7-48-1
Exhibit A
TIGARD MUNICIPAL CODE
H. The names, addresses, and telephone The policy must also contain a provision that the
numbers of the persons applying as organizers and city will be notified at least 10 days prior to any
the primary contact for the special event on the day cancellation of such insurance.The permittee must
of the event. maintain the insurance for the term of the permit
issued. Failure to maintain the insurance results in
7.48.040 Standards for Approval. automatic revocation of the permit.
The city may approve the issuance of a special B. If the applicant requests police or public
events permit where compliance with the following works services for the special event, the permit
standards is demonstrated or found to not be must include an agreement to reimburse for such
applicable: services or to provide up-front payment. The
agreement will be on a form approved by the city.
A. The permit application provides
adequate information about the event as required C. The city may require a refundable
by TMC 7.48.030. security deposit to guarantee payment of the cost to
the city to clean and restore the site if applicant fails
B. The proposed special event will ensure to do so.
access of emergency response services to the event.
D. For street closures, the city may require
C. The proposed special event use will not the event organizer to notify residents and
create a significant adverse impact to the public businesses in the surrounding area as to where and
health, safety, and welfare of the community. when the event is to occur.When notice is required
by the city, the event organizer must inform
D. The location is available for use and the residents and businesses in writing at least 14 days
event will not conflict with another permitted prior to the date of event and provide the city with
event. proof that notice has been issued.
7.48.050 Conditions. E. If alcohol will be sold, consumed, or
possessed, the applicant must show compliance
The city may attach any conditions to the with all applicable OLCC regulations and obtain
issuance of the permit that are reasonably related to liquor liability insurance in an amount determined
ensuring compliance with this chapter, other by the city.
applicable city codes and ordinances, and
protection of the public interest. F. As required by the city, applicant will
agree to indemnify, defend, and hold harmless the
A. When the city determines that the city, its elected officials, and all officers,
proposed special event may subject the city to employees or agents against any and all damages,
potential liability, the city may require the claims, demands, actions, causes of action, costs
applicant to obtain appropriate liability insurance and expenses of whatsoever nature which they or
and file a certificate of insurance with the city from any of them may sustain by reasons of the acts,
an insurance company acceptable to the city. The conduct or operation of the permittee, the
policy will name the city, its officers, agents, and permittee's agents, or employees in connection
employees as additional insureds. The amount of with the special event or approved permit.
the insurance policy will be determined by the city.
7-48-2
Exhibit A
TIGARD MUNICIPAL CODE
7.48.060 Appeal of the Permit Decision. 7.48.070 Enforcement.
A. An applicant may appeal a staff decision Violation of the terms or conditions of a
denying a special event permit to the City Council. special event permit or operation of a special event
The applicant may initiate the appeal process by without a valid permit is punishable by a fine of not
filing a notice of appeal within five business days more than$500.
of the date of the challenged decision.
B. The notice of appeal must include at least
the following:
1. The name, contact information, and
signature of the applicant.
2. A statement explaining why staff
erred in concluding the standards in TMC
7.48.050 have not been met and identifying any
evidence relied upon to support the claim of error.
3. An appeal fee established by
resolution of the City Council.
C. Within seven business days after a notice
of appeal is received, the staff will determine
whether it contains the information necessary to
process. If not, the appeal may be dismissed
without review by the City Council.
D. A hearing on an appeal of a special
events permit will be scheduled within 30 days
after the notice is filed or, if after 30 days, at the
next scheduled City Council meeting. The
appellant will be provided notice of the appeal
hearing date at least 14 days before the scheduled
hearing.No additional written or oral evidence may
be presented at the hearing. The City Council will
make its decision based on the record,including the
notice of appeal filed by the applicant. At the
conclusion of the hearing, the Council will affirm
or reverse the decision under appeal, with or
without conditions or changes.
7-48-3