Ordinance No. 01-17 � • 1
CITY OF TIGARD,OREGON
ORDINANCE NO.01- 1'7
AN ORDINANCE AMENDING SECTION 10.50.080 OF THE TIGARD MUNICIPAL CODE
CHANGING SUB SECTION 10.50.080(6)PROHIBITING MOVEMENT OF OVERSIZE LOADS ON
CITY STREETS BEFORE 9:00 AM AND AFTER 3:00 PM.
WHEREAS, Subsection 10.50.080 (6) the Tigard Municipal Code currently states "no move shall take
place during the periods of seven a.m.through nine a.m.,without approval of the chief of police",and
WHEREAS, movement of oversize loads after three p.m. causes severe traffic congestion at rush hour
times on weekdays,and
WHEREAS,public safety vehicles cannot move effectively through severely congested streets,and
WHEREAS,restricting movement of oversize loads will prevent this cause of traffic congestion,
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sub section 10-50.080 (6) is amended to read as follows: No movement shall begin
before nine a.m.on weekdays and must be completed by three p.m.
SECTION 2: 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 i1► vote of all Council members present after being read by number and
title only,this lqu day of 2001.
Catherine Wheatley,City Record
APPROVED: By Tigard City Council this day of 2001.
es E. riffiNil,Fa
or
pproved as to form:
City Attorney
(0 � 9 � a �
Date
ORDINANCE No.01-L'7
Page 1
TIGARD MUNICIPAL CODE
Chapter 10.50 MOVING OF OVERSIZE means the designee or designees appointed by the
LOADS director of community development who is
responsible for the building inspections and
Sections: enforcement of the building code.
10.50.010 Title. (3) City Engineer. "City engineer" means
10.50.020 Definitions. the city engineer or the city engineer's designee.
10.50.030 Permit required.
10.50.040 Permit application--Fee. (4) Street. "Street" means any highway,
10.50.050 Permit for moving or relocating road,street or alley as defined in ORS 487.005(1)
a building onto a lot. and(8).
10.50.060 Protection of public and private
property and utilities. (5) Structure. "Structure"means that which
10.50.070 Certificate of insurance. is built or constructed, an edifice or building of
10.50.080 Permit issuance conditions. any kind, or piece of work artificially built up or
10.50.090 Permit contents. composed of parts joined together in some
10.50.100 Permit revocation. definite manner.
10.50.110 Liability.
10.50.120 Protection of streets and (6) Chief of Police. "Chief of police"
property. means the designee appointed by the city
10.50.130 Project to continue administrator who is responsible for the
uninterrupted. administration of the police department and may
10.50.140 Cleanup. also be referred to herein as"Chief."
10.50.150 State highway/county road use.
10.50.160 Moving oversize loads on same (7) Oversize Load. "Oversize load" means
property. any building, structure or commodity which is to
10.50.170 Violation--Penalty. be moved along any city street upon a flatbed
truck,trailer,dollies or similar vehicles,which has
10.50.010 Title. a loaded width exceeding eight feet and/or a
loaded length exceeding fifty feet total, and/or a
This chapter shall be known as the "moving loaded height exceeding fourteen feet pursuant to
of oversize loads ordinance" and may also be ORS 818.080.(Ord.90-18§1(part), 1990)
referred to herein as "this chapter." (Ord. 90-18
§1(part), 1990) 10.50.030 Permit required.
10.50.020 Definitions. (a) No person shall move an oversize load
across or along a street without first applying for
For the purposes of this chapter., the and obtaining a permit under this chapter.
following mean:
(b) No person shall move an oversize load
(1) Building. "Building" means any across or along a street in violation of a provision
structure used or intended for sheltering any use of this chapter or of the provisions of the permit
or occupancy. issued under this chapter. (Ord. 90-18 §1(part),
1990)
(2) Building Official. "Building official"
10-50-1 Reformatted 1994
TIGARD MUNICIPAL CODE
10.50.040 Permit application--Fee, information for design review approval.
(a) Application for a permit to move an (c) An application shall be signed by the
oversize load shall be made to the building official owner of the oversize load to be moved or by the
on forms provided by the building official and person engaged to move the building.
shall include the following information:
(d) A fee of ten dollars shall be paid prior to
(1) The name and address of a person the issuance of a permit. Should it be necessary
who owns the oversize load; for the city to provide any assistance in the
moving of an oversize load, the applicant shall
(2) The name and address of a person pay an amount equal to the cost of labor and/or
engaged to move the oversize load; materials, or any other cost incurred by the city.
These fees, pursuant to this section may be
(3) The location from which the amended by the city council by resolution. (Ord.
oversize load is proposed to be moved; 90-18§i(part), 1990)
(4) The proposed new site of the 10.50.050 Permit for moving or relocating
oversize load and its zoning classification (if in a building onto a lot.
the city);
The movement or relocation of any building
(5) The proposed route for moving the or structure (which would otherwise require the
oversize load; issuance of a building permit), within or into the
city,to be placed on a lot within the city, shall in
(6) The dimensions, type of addition to the provisions of this chapter, comply
construction and approximate age of the oversize with Chapter 14.20.(Ord.90-18 §1(part), 1990)
load;
10.50.060 Protection of public and private
(7) The use or purpose for which the property and utilities.
oversize load was designed;
(a) The issuance of an oversize load permit
(8) The use or purpose to be made of is not an approval to remove, alter, interfere or
the oversize load at its new location (if in the endanger any public or private property, or utility
city); without first having obtained in writing, the
permission of the property owner(s), utility, or
(9) The proposed moving date and public entity to do so.
hours of moving;
(b) The applicant shall have made
(10)Any additional information the arrangements to the satisfaction of the owner(s),
building official considers necessary for a fair utility or public entity for protecting the
determination of whether the permit should be installations or property, paying for whatever
issued. damage the moving causes them, and for
reimbursing the owner(s), utility or public entity
(b) In situations where the city's design for any costs of removal and reinstallation of the
review standards apply, the applicant shall also property that the move necessitates. (Ord. 90-18
make application and submit all necessary §1(part), 1990)
10-50-2 Reformatted 1994
TIGARD MUNICIPAL CODE
10.50.070 Certificate of insurance.
The permit shall specify:
A permit shall not be issued until the (1) The route for moving the oversize load;
applicant furnishes proof of liability insurance
with a surety company authorized to do business (2) The dates and times within which the
in this state, for the purposes of moving oversize moving is to be completed;
loads, in an amount and form approved by the
building official.(Ord.90-18§1(part), 1990) (3) Whatever additional conditions the
building official considers necessary to satisfy
10.50.080 Permit issuance conditions. ordinance requirements, to minimize the
obstruction of traffic to protect property, and to
The building official shall issue the permit protect the public safety and welfare. (Ord. 90-18
subject to any necessary conditions if: §1(part), 1990).
(1) The application complies with the 10.50.100 Permit revocation.
requirements of this chapter;
The building official may refuse to issue a
(2) The moving can be accomplished permit or may revoke a permit issued under this
without damage to property,or in case of damage chapter if:
to the property, it is consented to by the owner of
the property or is to be paid for to the owner's (1) The permittee violates or cannot meet a
satisfaction; requirement of the permit or a section of this
chapter;
(3) The building at its new site,if within the
city, will conform to the requirements of the (2) Grounds,such as a misstatement of fact
community development code; exist for revocation,suspension or refusal to issue
the permit.(Ord.90-18§1(part), 1990).
(4) All requirements of the building code
ordinance (Chapter 14.04) have been complied 10.50.110 Liability.
with;
The permit shall not constitute an
(5) The applicant shall be responsible for authorization for damaging property. The permit
notifying the police department, fire department, shall not constitute a defense against any liability
and all other affected agencies not less than that the permittee incurs for personal injury or
required by the agency, but not less than forty- property damage caused by the moving. (Ord. 90-
eight hours prior to commencement of the move; 18§l(part), 1990)
(6) No move shall 10.50.120 Protection of streets and
pefieds of seven a.m. through nine ., begin property.
before nine a.m. on weekdays and must be
completed by three p.m. on all days. wiflietA Equipment used to move oversize loads
appfova! of the ehief of . (Ord. 90-18 along or across the public streets of the city shall
§1(part), 1990) be equipped with pneumatic tires, which shall be
the only part of the equipment to come in to
10.50.090 Permit contents. contact with the surfaces of the streets, except
10-50-3 Reformatted 1994
TIGARD MUNICIPAL CODE
planking as required by the city engineer. The
city engineer may require the permittee to proceed
on planking of specified dimensions when the city
engineer considers the planking necessary to
prevent damage to a public street or other
property.(Ord.90-18§1(part), 1990)
10.50.130 Project to continue
uninterrupted.
Once an oversize load has been moved onto a
public street under a permit authorized by this
chapter,the person moving the oversize load shall
continue with the moving project without
interruption until it is completed, except as the
permit for the moving of the oversize load
specifically allows to the contrary. (Ord. 90-18
§1(part), 1990)
10.50.140 Cleanup.
A person moving an oversize load under a
permit authorized by this chapter shall promptly
remove from the public streets and private
property all litter produced by the moving. (Ord.
90-18§I(part), 1990)
10.50.150 State highway/county road use.
The building official may waive any of the
requirements of this chapter regarding oversize
loads to be moved through the city upon a county
road or state highway from and to points outside
the city limits if:
(1) Movement will be made pursuant to a
permit issued by the appropriate state agency;
(2) Notice of the proposed movement and a
copy of the permit is submitted to the building
official before the movement;and
(3) The building official is satisfied that
i adequate precautions have been taken to protect
the public safety and welfare. (Ord. 90-18
§1(partf, 1990)
10-504 Reformatted 1994
TIGARD MUNICIPAL, CODE
10.50.160 Moving oversize loads on same
property.
Section 10.50.030 shall not apply when an
oversize load is moved on the same or private
property,or along a private street not controlled or
maintained by the city, except that Section
10.50.050 shall apply in all cases. (Ord. 90-18
§1(part), 1990)
10.50.170 Violation—Penalty.
Violation of this chapter(except for Section
10.50.050)shall constitute a Class I infraction and
shall be processed in accordance with the civil
infractions ordinance, codified in Chapter 1.16 of
this code.(Ord.90-18§1(part), 1990)8
10-50-5 Reformatted 1994