Ordinance No. 08-18 QTY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE E NO. 08
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE ADDING CHAPTER.
7.58 FOR. RULES OF CONDUCT ON QTY PROPERTY AND REPEALING CHAPTER
7.100 FOR EXCLUSION FROM TIGARD PUBLIC LIBRARY.
WHEREAS, the City has experienced problems with people exhibiting unwanted, unpleasant and
sometimes threatening behavior on City property, and
WHEREAS, the uncertain behavior of these individuals presents an unnecessary security risk to
citizens and employees and interferes with the operation of the government and the goal of
providing service to alll segments of the public who have business with City government;and
WI-IEREAS, the City has the authority under Sections 4 and 5 of the City Charter and tinder ORS
221.410(1) to tape action necessary for the conduct of municipal affairs; and
WHEREAS, the Council finds that disruptive or threatening behavior on City property needs to be
regulated in the interest of assuring smooth and safe operation of the government, and to do so is in
the public interest and necessary for the peace,health and safety of the general public of this City.:
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOws
SECTION 1: The Tigard Municipal Chapter is amended by adding a neer Chapter 7.58 Rules of
Conduct on City property to read as follows:
7.58 Rules of Conduct on City Propetfiy
Sections:
7.58.010 General Purposes of Chapter
7.58.020 Definitions
7.58.030 Penalty for Violation
7.58.040 Prohibited Acts Generally
7.58.050 Consistency with State Criminal Law
7.58.060 Authority of the City Manager
7.58.070 Public Works Director to make Rules and Regulations
7.58.080 Rules of Conduct on City Property
7.58.090 Enforcement and Exclusion from City Property
7.58.100 Right to .Appeal
7.58.110 Variances
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7.58.010 General Purposes of Chapter
The general purposes of the provisions set forth in Chapter 7.58 are to prevent and
prol-dbit conduct that direatens harm to individual or public interests, or interferes
with serving the public, to preserve the enjoyment, safety, comfort and convenience
of the public, and to enhance the orderly administration and operation of City
business on City property, by prohibiting conduct that unreasonably interferes witli
the administration and lawful use of City Property and providing fair warning of the
nature of the conduct declared to constitute an offense.
7.58.020 Definitions
1. "City Property": any property including but not limited to parks, green-ways,
buildings, parking lots or other land or physical structures owned or managed
by the City.
2. "Police Officer": a member of the Oregon State Police, municipal police
officer, sheriff, and officer of the Tigard Police Department, including sworn
members'of the Tigard police reserves.
3. "Authorized Employee": any employee of the City of Tigard authorized and
designated by the City Manager or Department Director to enforce any rules
within City property, including buildings and parking lots. These rules shall be
established by sign or notice or contained specifically within die Tigard
Municipal Code.
7.58.030 Penalty for Violation
Unless a different penalty is specifically provided, any violation of any provision of
this Chapter shall upon conviction be punished by a fine of not more than $500, or
by imprisonment of not more than 6 months, or by both. However, no greater
penalty shall be imposed than allowed under Oregon law.
7.58.040 Prohibited Acts Generally
1 Any act or thing prohibited or the failing to do any act or thing commanded to
be done in this Chapter, on City property, within the corporate limits of the
City of Tigard and xvid-i-in such other areas as may be specified in this Chapter
is hereby declared to be an offense against the public peace, safety, health,
morals, and general welfare of the people of the City of Tigard.
2. Any act or omission made unlawftil under this Chapter shall include causing,
allowing, permitting, aiding, abetting, suffering, or concealing ,my such act or
omission.
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7.58.050 Consistency with State Criminal Law
This Chapter shall be construed so as to render it consistent with State of Oregon
criminal law, and any procedures or defenses made available in the prosecution of
the same or similar offenses under State of Oregon criminal law shall apply in
prosecutions under this Chapter.
7.58.060 Authority of the City Manager
The City Manager shall designate a person or persons to be in charge of the various
City properties for the purpose of enforcing the Rules of Conduct. In addition,
police and authorized employees shall have the authority to enforce the Rules of
Conduct on or about City properties, as deemed necessary by the person in charge,
or when actually observed by the police officer or authorized employee. The City
Manager shall also appoint the authority to hear exclusion appeals.
7.58.070 Public Works Director to Make Rules and Regulations
The Director of Public Works is authorized to make such rules and regulations not
in conflict with the ordinances of the City as the Director finds necessary for the
better control and management of City parks, greenways and City-owned or
managed buildings and parldng facilities. These regulations may be posted at various
City properties in abbreviated form and are in no way meant to be all inclusive of the
conduct prohibited or required by this Chapter. If any person feels aggrieved by any
such rule or regulation, the person may appeal to the Council for its amendment or
repeal by filing with the City Recorder a petition wl-dch shall be presented to the
Council at its next regular meeting. Until and unless amended or repealed by the
Council, any rule or regulation made by the Director shall be in full force and effect
as if it were an ordinance.
7.58.080 Rules of Conduct on City Property
While on or about City property:
1. No person shall violate any Federal, State, or City of Tigard law.
2. No person shall enter or remain on any City property for purposes other than
to conduct legitimate business with the City or to use that property lawfully
under the rules provided by the City.
3. No person shall enter or attempt to enter any secure portion of any City
government building that is not open to members of the general public,
without auffiorization from the City Manager or a designee.
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4. No person shall deface, damage, or destroy? City property.
5. No person shall engage in conduct that degrades the appearance of City
property, including but not limited to, depositing trash, spitting, urinating, or
defecating upon the property.
6. No person shall engage in conduct that disrupts or interferes with the normal
operations of the City government, or engage in conduct that disturbs
customers or employees of the City government, including but not limited to,
conduct that creates unreasonable noise, or conduct that consists of loud or
boisterous physical behavior.
7. No person shall engage in conduct that subjects or may subject customers or
employees of the City government to annoyance or alarm, including but not
limited to, conduct that involves the use of abusive or threatening language or
gestures.
8. No person shall use City property for the purpose of housing or camping,
including but not lit-sited to, placing objects such as vehicles, bicycles,
backpacks, carts,or other items in a manner that interferes tivith free passage.
9. No person shall refuse to obey any reasonable direction of a City government
employee.
10, No person shall violate any provisions posted on any City parking facility,
whether that paa:lcing is generally available to the public or not. Private vehicles
may net be left overnight in any City parking facility without the express
consent of the person in charge of that facility. Violators are subject to cite
and tow without notice inhere posted.
7.58.090 Enforcement and Exclusion from City Property
Persons who violate any of the Rules of Conduct on any City property may be
immediately ejected from die premises and excluded from City property for a period
of thirty (30) to one launched eighty (180) days.
1. In addition to other measures provided for violation of this Chapter; or any of
the laws of the State of Oregon, police officers and authorized employees may
exclude from City property, any person who, while on that City property
violates any lav regarding controlled substances, or engages in conduct that:
a; Is classified as a felony, misdemeanor, or violation under the following
Chapters of the Oregon Reused Statutes, or is an attempt, solicitation or
conspiracy to comtnit any such felony or misdemeanor defined in ORS'
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i. Chapter 162—Offenses Against the State and Public justice;
ii. Chapter 163—Offenses Against Person(s);
a Chapter 164 — Offenses Against Property to include Offensive
Littering;
iv. Chapter 165—Offenses Involving Fraud or Deception;
V. Chapter 166 — Offenses Against Public Order; Firearms and Other
Weapons; Racketeering,
vi. Chapter 167 Offenses Against Public Health, Decency and
Animals;
vii. Chapter 475 Controlled Substances; Iflegal Drug Cleanup;
Paraphernalia;Precursors; or
b. Otherwise involves a controlled substance; or
C. Has resulted in injury to any person or damage to any property; or
d. Constitutes a violation of any of the following provisions of the Tigard
Municipal Code:
i, TMC Chapter 7,20—Offenses Against Pei-sons;
I TMC Chapter 7.24—Offenses Against Property;
iii. TMC Chapter 7.28—Obstructing Law Enforcement;
iv. TMC Chapter 7.32—Offenses Against Public Order;
V. TMC Chapter 7.36 - Minors;
Vi. TMC Chapter 7.38 - Truancy;
vii. TMC Chapter 7.40—Nuisances;
viii. TMC Chapter 7.52—Public Property Use;
ix. TMC Chapter 7,56—Indecent Conduct;
X. TMC Chapter 7.70 — Second hand Dealers and Transient
Merchants;
Xi. TMC Chapter 7.80—Camping Prohibited in Certain Places;
e. Nothing in the City of Tigard Municipal Code shall be construed to
authorize doe exclusion of any person lawfully exercising flee speech
rights or any other rights protected by the state or federal constitutions.
However, a person engaged in such protected activity who commits acts
that are not protected, but which violate applicable provisions or law,
may be subject to exclusion.
2. An exclusion issued wider this Chapter shall be for thirty (30) days. If the
person to be excluded has been excluded from City property at any time within
one year before the date of the present exclusion, the exclusion shall be for
ninety (90) days. If the person to be excluded has previously been excluded
from City property on two or more occasions within one year before the date
on the present exclusion, die exclusion shall be for one hunched eighty (180)
days.
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3. If the person's behavior does not rise to die level of behavior described in
section 1 (a)-(d) above, but is causing either a significant and immediate threat
to public health and safety, or a serious disturbance that is preventing other
people from enjoying the City property, the person may be excluded frons that
City property for a period of twenty four(24) hours only. If a person receives
two twenty four: (24) hour exclusions underthis section and then conunits
additional violations, any further exclusion the person receives under this
section may be for a period of at least thirty (30) days.
4. leo person shall enter or remain in any City property at any time during which
there is in effect a notice of exclusion issued render this Chapter excluding that
person herrn all City properties. A person who knowingly violates an order of
exclusion from. City property commits the crime of Criminal Trespass in the
second degree(C3It8 164.245).
5. Before issuing an exclusion under this Chapter; a police officer or authorized
employee shall first give the person a warning and reasonable opportunity to
desist from tl e violation. An exclusion shall not be issued if the person
promptly complies with the warning and desists from the violation.
Notwithstanding the provisions of this subsection, no warning shall be
required if the person is to be excluded for committing any act:
a. punishable as a misdemeanor or felony,
b. involving controlled substances,
C. which resulted in an injury to any person,
d. wlirch resulted in damage to any property,or
e. City of Tigard Chapter violation
G. Written notice shall be given to any person excluded from. any City property
under t1iis Chapter. The notice shall specify the date, length and place of the
exclusion.; shall identify the provision of law the person has violated and
contain a brief description of die offending conduct. It shall be signed by the
issuing police officer or authorized employee. Warnings of consequences for
failure to comply shall be prominently displayed on the notice. All relevant
information on the Bearings and appeal process shall be included with the
notice.
7.58.100 Right to Appeal
1. .A person receiving notice of exclusion from City property may request a
hearing before the City of Tigard Municipal Court Judge, or a Hearings Officer
appointed by the City Manager to Have die exclusion rescinded or the period
shortened. Written notice of the appeal must be filed with the City Manager:
within ten (10) business days of receipt of the exclusion notice. When the City
Manager receives a notice of appeal, the City Manager or designee shall
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promptly notify the Tigard Police Records Section of the notice to appeal,
Failure to file written notice of appeal within ten (10) business days will be
deemed a waiver of further action.
a. If an appeal of the exclusion is timely filed, the effectiveness of the
exclusion shall be stayed, pending the outcome of the appeal. If the
exclusion is affirmed, the remaming period of exclusion shall be effective
immediately upon the issuance of the municipal court judge or hearings
officer's decision, unless the municipal court judge or hearings officer
specifies a later effective date.
b. If'a person is issued a subsequent exclusion while a previous exclusion is
stayed pending appeal, or pending judicial review should a court Stay the
exclusion, die stayed exclusion shall be counted in determining the
appropriate length of the subsequent exclusion. If the predicate exclusion
is set aside, the term of the subsequent exclusion shall be reduced, as if
the predicated exclusion had not been issued. If multiple exclusions
issued to a single person for City property are simultaneously stayed
pending appeal, the effective periods of those which are affirmed shall
run consecutively.
2. Hearing procedures,
a. When a timely request for a hearing is made, a hearing shall be held
before the City of Tigard Municipal Court judge, or Hearings Officer
appointed by the City Manager.
b, The hearing shall be set and conducted witlnin five (5) business days of
receipt of the request, excluding holidays, Saturdays and Sundays. The
hearing may be scheduled for a later date if the person excluded so
requests, but in any case, no later than five (5) additional business days
from the original request.
C. At the hearing, the person excluded may contest the validity of the
exclusion and may present evidence.
d. At die hearing on an appeal the City shall have the burden of proving by
a preponderance of the evidence the validity of the exclusion. The City
may present evidence either by testimony or written report of the officer.
If the City's evidence is presented only by written report and the
municipal court judge or hearings officer cannot resolve a question by
information contained in the officer's report, the hearing may be held
open for a reasonable time to complete the record.
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e. If the municipal court judge or hearings officer finds by a preponderance
of the evidence that each element necessary to issue the exclusion notice
has been proven, and if the exclusion is othenvise in accordance with
law, the municipal court judge or hearings officer shall uphold the
exclusion.
f. If the municipal court judge or hearings officer finds that the City has not
met its burden of proof, or that the exclusion is otherwise unlawful, then
the municipal court judge or hearings officer shall enter an order
rescinding the exclusion. If die municipal court judge or hearings officer
finds that die City has met its burden of proof, but that die length of the
exclusion is unreasonable under the circumstances, the municipal court
judge or hearings officer may issue an order shortening die length of the
exclusion.
g. The decision of the municipal court judge or hearings officer is final.
7.58.110 Variances
1. At any bine within the period of exclusion, a person receiving a notice of
exclusion znay apply in writing to the City Manager or designee for a waiver of
some or all of the effects of the exclusion. The application must show good
cause for waiver requested. If the City Manager or designee grants a waiver, the
City Manager or designee shall promptly notify the Tigard Police Department
Records Section of such action. In exercising digression under this subsection,
the City Manager or designee shall consider the seriousness of the violation for
which the person has been:excluded, the particular need of the person to be on
City property during some or all of the period of exclusion, such as for work or
to attend: or participate in a particular event (zuit{�arrt re
gat tv the cntrterrt ��'arDl
speedo asrotiated with that event), and any other- criterion. the City Manager or
designee determines to be relevant to the determination of whether or not to
grant a waiver. Notwidzstanding die granting of a waiver, the exclusion will be
included for purposes of calculating the appropriate length of exclusions. The
decision of die City Manager or designee to grant or deny, in whole or in part,
a waiver is committed to die sole discretion of the City Manager or designee,
and is not subject to appeal or review
SECTION2: Tigard Municipal Codd Chapter 7.100 is hereby repealed.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and pasting by the City Recorder.
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PASSED: By vete of all Council members present after beim read by
number and Chapter only,thi . " -qday of _2D�L ,2008.
Catherine W-Watley,City Recorder
APPROVED: lay Tigard City Council this �ay of 2008.
Crag l�sen,Mayor
Approved as to form:
r
City Attorney
�/ , ,
Date
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