Ordinance No. 07-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 07-
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ADD SECTION 7.40.125
AND AMENDING SECTION 1.16.030 FOR THE REGULATION OF GRAFFITI IN PUBLIC
PLACES.
WHEREAS, the rate of graffiti left on public places in the city is increasing; and
WHEREAS, gang graffiti and hate graffiti have been associated with some of the recent incidents
reported by the Tigard Police Department; and
WHEREAS, the Police Department is well placed to observe the nuisance and to act to enforce the new
city regulations against graffiti; and
WHEREAS,the Council finds that graffiti has become a nuisance affecting public safety that should be
closely regulated, and to do so is in the public interest and necessary for the peace, health and safety of
the general public;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code is amended by adding a new Section 7.40.125 Graffiti,
to read as follows:
7.40.125 Graffiti
A. Definitions.
As used in this section,unless the context requires otherwise:
1. "Abate" means to remove graffiti from the public view.
2. "Graffiti" means any inscription,word, figure, or design that is marked,
etched, scratched, drawn or painted on any surface with paint, ink, chalk,
dye, other similar substance or placement of stickers or appliques,
regardless of content,which is visible from premises open to the public,
such as public right of ways or other publicly owned property, and that has
been placed upon any real or personal property, such as buildings, fences,
and structures, without authorization from the owner or responsible party.
3. "Graffiti nuisance property" means a property upon which graffiti has
been placed and such graffiti has been permitted to remain for more than
ORDINANCE No. 07-
Page 1
14 days after the property owner of record or occupant has been issued
written notification.
4. "Manager" means the Tigard City Manager or the manager's designee who
is responsible for the administration of the graffiti nuisance abatement
program under this chapter.
5. "Occupant" means any person, tenant, sublessee, successor or assignee
that has control over property.
6. "Owner" means any person, agent, firm or corporation having a legal or
equitable interest in a property and includes but not limited to a mortgagor
in possession, an occupant, or a person, agent, firm or corporation that
owns or exercises control over items of property such as utility poles, drop
boxes, postal collection boxes, and other types of containers.
7. "Permit" means to knowingly allow, suffer, or acquiesce by any failure,
refusal, or neglect to abate.
8. "Premises open to the public" means all public spaces, including but not
limited to streets, alleys, sidewalks,parks,rights of way and public on
space, and private property onto which the public is regularly invited or
permitted to enter for any purpose.
9. "Property" means any real or personal property, including but not limited
to items affixed or appurtenant to real property or premises,house,
building, fence or structure and items of machinery, drop boxes, waste
containers, utility poles and vaults, and post office collection boxes.
10. "Responsible party" means an owner, an entity or person acting as an
agent for an owner by agreement that has authority over the property or is
responsible for the property's maintenance or management. There may be
more than one party responsible for a particular property.
11. "Unauthorized" means without consent of the owner, occupant or
responsible party.
B. Graffiti Nuisance Property
1. Any property location in the City of Tigard that becomes a graffiti
nuisance property is in violation of this section and is subject to its
remedies.
2. Every responsible party who permits a property to become a graffiti
nuisance property is in violation of this section and subject to its remedies.
ORDINANCE No. 07-
Page 2
C. Graffiti Removal; Notice and Procedures
1. This subsection sets out procedures to be used in processing an infraction
of Section 7.40.125, notwithstanding Subsections 7.40.030.0 and
1.16.060.2 of this Code. Except as provided herein, other applicable
provisions of Chapter 1.16 shall remain in effect.
2. The owner or occupant of any property within the City of Tigard shall
remove any graffiti from that property within 14 days of the graffiti's
appearance.
3. Whenever the Manager determines that graffiti exists on any property in
the City, the Manager may issue an abatement notice. The owner or
occupant shall have 14 days after the date of service of the notice to
remove the graffiti.
4. The notice shall be served by addressing the notice to the owner or
occupant and delivering it by personal service or by mailing it as certified
mail. Service may also be accomplished by posting the notice in a clearly
visible location on the subject property.
5. If the person who was served the notice is unable to remove, or cause to
remove,the graffiti within the 14-day period due to a hardship, he or she
may apply to the Manager for an extension of time in which to remove the
graffiti. For purposes of this subsection, "hardship" includes but is not
limited to serious illness or disability, extremely inclement weather that
temporarily prevents removal of the graffiti, or other extraordinary
circumstance.
6. If the graffiti is not removed within 14 days after serving notice on the
owner or occupant, the Manager may cause a citation to be issued to the
owner or occupant or both requiring the person to appear in Tigard
Municipal Court.
7. Failure to remove the graffiti as required by this section is a violation
punishable by a fine of up to one hundred dollars. Each day the graffiti
remains after the notice is sent constitutes a separate offense.
8. The City Manager may adopt rules and procedures to implement this
section.
ORDINANCE No. 07- O3
Page 3
SECTION 2: Tigard Municipal Code Subsection 1.16.030 2. is amended to read as follows:
(Bold is new language):
2. "Code Enforcement Officer" means the individual or individuals
appointed or designated by the Director of Community Development or
the City Manager to enforce the provisions of this chapter. For
enforcement of Chapters 10.16 through 10.32, Section 7.40.125, and
Chapter 7.60, "Code Enforcement Officer" also includes Community
Service Officers of the police department.
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 L1�1Ci,M I(1 O U5 vote of all Council members present after being read by
number and tide only, this a-1 F=" day of `f /'c_�1r^,Pn� ) 2007.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this c PP d y of ` Ma4-Ck-- , 2007.
Craig D' ksen, Mayor
Approved as to form:
City Attorney
GL/L,01 Q^7 a0b'7
Date
i1adm\packet'07\070327\graffdi ordinance.doc
ORDINANCE No. 07- 0 2
Page 4