Ordinance No. 20-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 20-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 REGARDING
PARKING ENFORCEMENT
WHEREAS, the Tigard Police Department has traditionally used both sworn and non-sworn officers for
parking enforcement;and
WHEREAS, it is the best use of police resources to use the department's Community Service Officer (CSO)
for parking enforcement;and
WHEREAS,the CSO has authority to enforce the Tigard Municipal Code(TMC),but not state statute;and
WHEREAS, the City of Tigard wishes to clarify procedures regarding parking enforcement pursuant to TMC
separate from state statute;and
WHEREAS,parking a gas-powered vehicle in a parking space marked for alternative fuel vehicles is currently a
violation under state statute and the City wishes to add a parallel violation to the TMC.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 10.28.010.B is hereby amended to read as follows (additional text is
underlined and deleted text is shown in,abiltet4tretigh):
1. "Alternative fuel vehicle" is defined in ORS 469B.100, except that "alternative fuel
vehicle"includes vehicles registered in any jurisdiction.
24. "Camper"is defined as set forth in ORS Section 801.180.
32. "Highway"or"street"is defined as set forth in ORS Section 801.305.
43. "Motorbus"is defined as a Commercial Bus as set forth in ORS 801.200.
54. "Motor home"is defined as set forth in ORS Section 801.350.
65. "Motor truck"is defined as set forth in ORS Section 801.355.
76. "Trailer"is defined as set forth in ORS Section 801.560.
84. "Travel trailer"is defined as set forth in ORS Section 801.565
98. "Truck tractor"is defined as set forth in ORS Section 801.575.
109. "Truck trailer"is defined as set forth in ORS Section 801.580.
SECTION 2: Tigard Municipal Code 10.28.125 is hereby added to read as follows (additional text is
underlined and deleted text is shown in steikethreitgh):
10.28.125 Alternative Fuel Vehicle Refueling Parking
No person may park a vehicle in any public parking space that is marked or signed as
reserved for alternative fuel vehicle refueling if the vehicle is not engaged in the refueling
process.
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SECTION 3: Tigard Municipal Code 10.28.155 is hereby added to read as follows (additional text is
underlined and deleted text is shown in.striltedtreuglt):
10.28.155 Appearance by Defendant
A. A defendant must, by the appearance date listed on the citation for a violation
of this chapter,make a first appearance by one of the following methods:
1. Personally appearing before the municipal court and entering a plea;
2. Entering a plea of no contest in writing, by regular mail or personal
delivery to the court clerk,accompanied by the fine stated on the citation;
3. Depositing the fine stated on the citation, by regular mail or personal
delivery to the court clerk, without a specific plea. Depositing a sum pursuant to this
subsection will be deemed a plea of no contest.
B. If the defendant fails,within the time provided by subsection A of this section,
to make a first appearance or to deposit the required fine, the municipal court will enter an
order and judgment of default against the defendant,with the fine entered as a judgment in
favor of the city.
SECTION 4: 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 5: 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 Zlrl Cin/t'Yl4Nvi vote of all council members present after being read by number
and title only,this (1 ;`` day of '1t‘ ,2020.
Carol A. Krager,raCity Recorder
APPROVED: By Tigard Cit` Council this l I day of 'a actin r) ,2020.
Jas.n B nider,Mayor
Ap oved as to form:
City Attorney
Date y
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