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Ordinance No. 19-21 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19-al AN ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAPTER 10.30 RELATED TO RESIDENTIAL PARKING ZONES WHEREAS, Tigard's existing residential parking zone program in Tigard Municipal Code 10.28.175 has been difficult to implement and has not adequately addressed parking concerns of residents;and WHEREAS,representatives from the City met with residents at a public meeting on August 28,2019 to discuss proposals for a new residential parking zone program;and WHEREAS, based on the feedback provided at the public meetings, it is in the public interest for the City to create a new residential parking zone program to address safety concerns and livability issues in certain areas. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 10.30 is adopted as shown on the attached Exhibit A. SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the 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 February 1,2020. PASSED: By ZL i2000LI Y Z 06m— vote of all council members present after being read by number and title only, this 3 rd day of 4e(,e° G .___ ,2019. "�t1411( Carol A. Krager,City Recorder! APPROVED: By Tigard City Council this .?IS day of Del-EM-der ,2019. App ved as to form: Tascli :. Snider,Mayor City Attorney ) Date ORDINANCE No. 19-02/ Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 10.30 RESIDENTIAL PARKING 10.30.030 Establishing Residential ZONES Parking Zone Sections: A. Residents may apply to have an area designated as a residential parking zone through a 10.30.010 Purpose community-initiated petition submitted to the city 10.30.020 Definitions manager. The petition must be signed by a 10.30.030 Establishing Residential resident from least sixty percent (60%) of the Parking Zone addresses proposed for inclusion in the residential 10.30.040 Zone Renewal or Revocation parking zone, limited to one resident signature per 10.30.050 Permits address. The petition must include: 10.30.060 Signage 10.30.070 Violations and Enforcement 1. A detailed description of the 10.30.080 Appeals parking problem or livability concerns justifying creation of a residential parking zone. Such 10.30.010 Purpose concerns may include, but are not limited to, blocked fire hydrants or crosswalks, inability to The purpose of this chapter is to address safely enter road way from driveways,or inability safety and livability concerns in residential of waste haulers or mail carriers to access neighborhoods caused by non-residential sources. property. 10.30.020 Definitions 2. The cause of the parking problems or livability concerns. A. "City manager" means the city manager for Tigard, Oregon, or the city manager's 3. A map showing the proposed designee. boundaries of the residential parking zone. B. "Resident" means an individual who 4. The type of parking restrictions resides within a Residential Parking Zone. A requested, including prohibiting unpermitted resident must be the legal owner of the property or parking during specified hours or limiting have a legal right to occupy the property. unpermitted parking to a specific duration of time. C. "Residential Parking Zone" means the 5. The proposed maximum number of identified geographic area, approved by the city resident and guest parking permits per resident. manager, designated for parking by residents and their guests, only, during all or some identified B. Upon receipt of a complete petition, the and posted hours of the day. city manager will determine whether the affected area is eligible for a residential parking zone. D. "Residential parking zone plan" means Incomplete petitions will be returned. the guidelines for a residential parking zone, as described in TMC 10.30.030.C. C. If the city manager determines an area is eligible, the city manager may propose a residential parking zone plan. The city manager's proposed plan must include: 10-30-1 Exhibit A TIGARD MUNICIPAL CODE may not be modified except by the process in 1. The boundaries of the proposed TMC 10.30.030.A through F. residential parking zone. 10.30.040 Zone Renewal or Revocation 2. The type of parking restrictions A residential parking zone will automatically proposed, including prohibiting unpermitted renew annually,unless: parking during specified hours or limiting unpermitted parking to a specific duration of time. A. The city manager receives a petition signed by a resident from least sixty percent 3. The maximum number of resident (60%) of the addresses in the residential parking and guest parking permits available for purchase zone, limited to one resident signature per by each resident. address, requesting termination of the residential parking zone; or D. The city manager will mail the proposed plan to all residents within 500 feet of the B. The city manager finds it is in the best proposed residential parking zone, along with interest of the city to terminate the residential notice of a public meeting to discuss the proposal. parking zone. Prior to termination, the city The city manager may refine the proposed plan manager will send notice of a public meeting to following the public meeting. all residents in the residential parking zone. Within 30 days following the public meeting, the E. Within 30 days following the public city manager will determine whether to terminate meeting, the city manager will prepare a ballot to the residential parking zone and provide notice to be mailed to all addresses within the proposed all residents of the decision. If the city manager residential parking zone. One resident per address terminates the residential parking zone, a is eligible to vote on the proposal. Ballots must minimum of one year must elapse before a new be returned to the city manager on or before the proposal may be initiated for the same or similar date specified. area. F. For the city manager to approve creation 10.30.050 Permits of a residential parking zone, a minimum seventy percent (70%) of the ballots must be returned, out A. Once a residential parking zone is of which a minimum of seventy-five percent approved, a resident may apply to the city for an (75%)must be votes in support of the proposal. If on-street parking permit or guest pass, as provided such requirements are met, the city manager will in the residential parking zone plan. An applicant notify all residents within the residential parking must show proof of residency within the zone of the approval and effective date. If such residential parking zone and proof of vehicle requirements are not met, a minimum of one year ownership of vehicle(s) registered to that address. must elapse before a new proposal may be A permitted guest has the same rights and initiated for the same or similar area. permissions as a resident. G. Residential parking zones in effect as of B. The cost of each resident and guest February 1, 2020 will be allowed to remain as parking permit will be determined by resolution of adopted. An adopted residential parking zone City Council. 10-30-2 Exhibit A TIGARD MUNICIPAL CODE C. A resident must reapply each year for all vehicle other than the resident's vehicle for which parking permits, on or before January 1st. All the permit was issued. permits are good for the remainder of the calendar 5. Sell, transfer, purchase, or year, regardless of when the permit was otherwise acquire for value any permit issued by purchased. Costs for permits may be prorated on the City of Tigard. a semi-annual basis. 6. Use,or allow the use of,a permit in D. Parking permits must be clearly a manner inconsistent with the terms and displayed in the front window of the vehicle at all limitations of the permit or this chapter. times when residential parking zone restrictions are in effect. B. Violation of this chapter may result in the immediate revocation of a resident or guest E. A permit is not required for city-owned parking permit and, upon conviction, be or publicly-owned vehicles operating in an official punishable by a fine set by resolution of the City capacity or when authorized by state law or city Council. ordinance. C. The city may tow a vehicle for repeated 10.30.060 Signage violations of this chapter or if a health or safety risk exists. Parking restrictions in a residential parking zone will be identified by signage. 10.30.080 Appeals 10.30.070 Violations and Enforcement The decisions of the city manager with respect to any of the foregoing are final and not A. It is a violation of this chapter for any subject to appeal. ■ person to: 1. Park on-street in a residential parking zone for more than two hours without displaying a resident or guess parking permit. 2. Provide false information in connection with an application for a resident or guest permit. 2. Fail to surrender a permit, when requested to do so, when the person is no longer entitled to the permit. 3. Use a permit when the permit holder is no longer entitled to the permit. 4. Use, or allow the use of, a residential parking permit in connection with a 10-30-3