Ordinance No. 11-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 11- 0(p
AN ORDINANCE AMENDING TITLE 2 OF THE TIGARD MUNICIP_F3L, CODE AUTHORIZING
THE USE OF ADMINISTRATIVE RULES AND DEFINING THE PROCEDURES FOR
ADMINISTRATIVE RULEMAKING AND AMENDING EXISTING SECTIONS IN TITLE 9 AND
TITLE 11 TO BE CONSISTENT.
WHEREAS,the Tigard Municipal Code contains several references to administrative rules but lacks a definition
of administrative rules and other key elements including administrative rulemaking authority, procedures for
their creation and amendment and a clear process for appeals by the public;and
WHEREAS, many sections of the Tigard Municipal Code codify aspects of a department's activities that need
to change over time as program objectives, technology and operations shift and because a public hearing is
required to amend the Tigard Municipal Code, these regulations can become stale and administration of the
program can become more cumbersome;and
\XTiEREAS, administrative rules provide an alternative to the Tigard Municipal Code for creation of
regulations and procedures that have the force of law;and
WHEREAS,in the past, the City Council has seen the value of administrative rules and authorized their use
in several specific areas of the Tigard Municipal Code;and
WHEREAS, the City Council reaffirms the use of administrative rules as a valuable tools for the City of Tigard
and desires to clarify and centralize the authority to use administrative rules, the definition of administrative
rules and the procedure for administrative rulemaking,including an appeal process;and
WHEREAS, the City Council will be notified of a proposed administrative rule prior to public notice and
any council member can request council review of the proposal prior to public notice;and
WHEREAS,the City Council desires existing sections of the Tigard Municipal Code that refer to administrative
rules to be consistent with the new text.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 2,Title 9 and Title 11 of the Tigard Municipal Code are amended as shown in Exhibit
A;text to be deleted is shown in stike4traugh and text to be added is shown in underline.
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 vote of all council m tubers present after being read by number
and title only,this a3 r ay o ,2011.
City Recorder
ORDINANCE No. 11-
Page 1
rd
APPROVED: By Tigard City Council thise2):�-day o 2 11.
Craig Dirksen,Mayor
Approved as to form:
V
4tyyttorney
,,4Lt6LtL<, j �3 1
Date
ORDINANCE No. 11- �P
Page 2
EXHIBIT A -AMENDMENTS TO TIGARD MUNICIPAL CODE
Text to be deleted is shown in strikethretigh and test to be added is shown in underline.
Chapter 2.04 CITY MANAGER. procedure or practice requirements of any city
department.
Sections:
2.04.060 Administrative Rulemaking
2.04.010 Office Established. Authority,
2.04.020 Appointment And Removal.
2.04.030 Salary. (1) The Tigard City Council hereby
2.04.040 Duties. authorizes,and establishes the process for,
2.04.050 Administrative Rulemaking — administrative rulemaking consistent with this
Definition—Purpose. section.
2.04.060 Administrative Rulemaking —
Authority. (2) Administrative rules adopted pursuant
2.04.070 Administrative Rulemaking - to the administrative rulemaking procedures in
- Procedure. this section have the full weight and effect of
law.
(2.04.010 to 2.04.040—No changes)
_(3) This section provides the authority
2.04.050 Administrative Rulemaking — and process applicable to administrative
Definition—Purpose. rulemaking by the city manager,but does not
directly enable to the city manager to en a e in
(1) Administrative RulemakinjZ means the administrative rulemaking. Authority toengg
drafting, adoption, and amendment of in administrative rulemaking pursuant to the
administrative rules, pursuant to and consistent procedures in this section shall be enabled by
with the provisions of this section. separate provision of the Tigard Municipal
Code.
(2) The purpose of administrative
rulemaking is to ensure that standards and _(4) The scope of administrative
procedures by which the departments of the rulemaking shall be limited by the terms of the
City of Tigard operate are made available and enabling provision.
accessible to the public in written form. upon
direction by council. Administrative (5) All administrative rules shall be
rulemaking also establishes a process by which consistent with the Tigard Municipal Code
the public can be involved in the process of
developing department standards and 2.04.070 Administrative Rulemaking--
procedures through engaging_public Procedure.
comment.
(1) Prior to the adoption or amendment
_(3) Administrative rule means a written of an administrative rule the citymanager or
directive, standard regulation or statement of designee will follow the provisions as described
general applicability that is established through in this section.
administrative rulemaking and implements,
interprets or prescribes law, or describes the
EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE
Text to be deleted is shown in and test to be added is shown in underline.
(a) Fourteen (14) days 12rior to the city manager or designee may approve
initiating the public notice described in (b) the modification,or provide additional
notification shall be made to council of the public comments j2rior to a1212101-al
proposed administrative rule or
amendment. At any time following council (f) Unless otherwise stated all
notification,any council member may put administrative rules will be effective on the
the subject on the discussion agenda for the 14th day after approval by the city manager
next available council meeting for council or designee unless a written protest is
consideration or action. Public notice as received by the City Alanager or designee
described in (b) may be initiated fourteen
(14) days after council notification if no (g) If written protest of the
Council member requests council proposed administrative rule is received by
consideration or action. If the council the cij�,manager or designee on or before
considers or takes action on the item the 14th day after approval, the city
provision of 12ublic notice as described in manager or designee shall refer the
(b) shall be at the direction of council. administrative rule to the city council for a
public hearing. The council may direct the
(b) Publish a notice in a newspaper city manager to approve modif,,or reject
of gy. The notice eneral circulation in the citthe administrative rule.The council's
must be published not less than fourteen decision on the contents of the 12rol2osed
(14) days before the deadline for receipt of administrative rule shall be binding on the
comments. city manager.
(c) The notice shall provide a (2) All administrative rules must be filed
brief description of the subject(s, covered in the office of the city recorder.
by the 12rol2osed administrative rule. the
final date for accel2tance of written
comments;the location to submit
comments and the location where copies of
the full set of the proposed rules may be
obtained.
A The city manager or designee
will receive written comments regarding the
proposed administrative rule. The city
manager or designee will take into
consideration the written comments
received and may either a1212rove modify or
reject the proposed administrative rule.
lel If a substantial modification
is made to the proposed administrative rule,
EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE
Text to be deleted is shown in strikethrough and test to be added is shown in underline.
Chapter 9.04 GENERAL PROVISIONS. takes place, or special handling is required, to
recover associated costs;
Sections:
(4) Coordinate the public use of park
9.04.005 Adoption of Administrative facilities with maintenance, construction and
Rules aitd Supplemental other activities. (Ord. 10-09 5 1, 2010; Ord. 92-
Regulatie . 33 �l(Exh. A)(part), 1992: Ord. 83-55 �1(part),
9.04.010 Purpose. 1983: Ord. 78-13 g1, 1978).
9.04.020 Facility Reservation.
9.04.040 Refund Of Fees And Change (9.04.020 to 9.05.060—No changes)
In Reservation.
9.04.050 Repealed By Ord. 92-33.
9.04.060 Waiver Of Fees.
9.04.005 Adoption of Administrative
Rules and Supplemental
Regtilafiens.
The Ecity Mmanager, or designee, la-s�
t4eis authorizedty to adopt a
administrative rules and sidppleffientftl
regulations related to the provisions of park
facility reservations and consistent with the
provisions of this section. (Ord. 10-09 § 1,
2010). Such rules shall be adopted pursuant to
Th1C 2.04.
9.04.010 Purpose.
The purposes of these park facilities
reservation rules and regt4atiet are to:
(1) Facilitate maximum use of public
facilities by the citizens of Tigard;
(2) Coordinate the use of park facilities,
thus assuring maximum opportunity for use
through the convenience of advance
reservations;
(3) Provide for use of park facilities by
the citizens of Tigard, but where exclusive use
EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE
Text to be deleted is shown in strilethrottgh and test to be added is shown in underline.
Chapter 11.04 SOLID WASTE
MANAGEMENT. (11.04.010 to 11.04.150-No Changes)
11.04.010 Title For Citation. 11.04.155 Business Recycling
11.04.020 Purpose, Policy And Scope Requirement.
Of Chapter Provisions.
11.04.030 Definitions. Unless othemise exempt, all Businesses
11.04.040 Franchise--Granted To and Business Recycling Service Customers shall
Certain Persons--Scope Of comply with the Business Recycling
Regulations. Requirement Performance Standard set forth in
11.04.050 Franchise--Term--Automatic Metro Regional Government Code Section
Renewal When. 5.10.330 and the administrative rules aftd
11.04.060 Franchise--Fees. suppleffiental regt4ations adopted pursuant to
11.04.065 Franchises Records. rttlemal6ng atitherity set forth tf-:,—TMC
11.04.070 Responsibility Of Franchisee. 11.04.165. (Ord. 09-05 �1)
11.04.080 Franchise--Transfer,
Suspension, Modification Or 11.04.160 Rules And Regulations
Revocation--Conditions. Applicable to Franchisees.
11.04.090 Rates For Service.
11.04.100 Container Requirements And The C-city Mmanager or designee may
Collection Limitations. propose and prepare rules and regulations
11.04.105 Stationary Solid Waste applicable to franchisees that pertain to this
Compactors. chapter. The rules and regulations shall be
11.04.110 Offensive Wastes Prohibited. printed or typewritten, and be maintained for
11.04.120 Unauthorized Deposits inspection in the office of the C-city Rrecorder.
Prohibited. All proposed rules and regulations promulgated
11.04.130 Interruption Of Franchisees under the authority of this section, and all
Service. amendments thereto, shall be immediately
11.04.140 Termination Of Service By forwarded to the franchisee operating under
Franchisee. this chapter for response. The franchisee shall
11.04.150 Subcontracts. have thirty days to respond in writing to such
11.04.155 Business Recycling proposed rules and regulations. If the
Requirement. franchisee has objections or revisions to the
11.04.160 Rules And Regulations proposed rules, the franchisee shall meet and
Applicable to Franchisees. confer with the Gcity Mmanager regarding the
11.04.165 Administrative Rules Aid franchisees concerns. If the concerns are not
Regulations Applicable To resolved through consultation with the C-city
Business Pursuant To Mmanager, then the C-city Mmanager shall
Business Recycling forward the proposed rule, with the franchisees
Requirement. comments, to the C-city Gcouncil for its
11.04.170 Enforcement. consideration. The franchisee may request that
11.04.180 Penalty. the C-city Ecouncil hold a public hearing on a
EXHIBIT A -AMENDMENTS TO TIGARD MUNICIPAL CODE
Text to be deleted is shown in strilethteugh and test to be added is shown in underline.
proposed rule. The Ecouncil may approve the e€genefal eiret ate e-Gi y. The-netiee
proposed rule as submitted, modify- the rule, or
reject the rule. The Ecity Mmanager shall enact the deadline-der—rec�pi-eT-eemm��ne
all rules pursuant to this subsection by written
order. (Ord. 09-05 11; Ord. 03-08, Ord. 91-36 ;
�l Exh. A (part), 1991: Ord. 78-64 X14, 1978). date fef ftreep e-ef a-fittenee rents; the
11.04.165 AdministrativeRules Awl
Applicable To .
Businesses Pursuant To
Business Recycling Pireeter- will
Requirement.
regardi
prepesed r-idles. ThePireetaf _dl take i-L.a
1. Adoption of Administrative Rules-a-ftl Fensideratien thenwritten-eammentsfeeeived
proposed r-ele.
a. The Ecity manager or designee is
Getinei4 has authorized+y to adopt the initial 6. if Ft substantial -- a•f
ca nvn---Is
administrative rules and suppleffiental made te-the pfepesed-re e, the Adblie Were
gulat related to the provisions of the reefer-ffiay adeptthe ffiedifieatien as an
Business Recycling Requirement. Such initial rti4e
administrative rules and regulations shall be .
adopted- pursuant with the provisions of INIC
2.0 d. Unless-ether ise-wed all rttles
wi]J be effee6ve en the 4 4th day after adeption
b:�P"T'L, cro Warks b� D �e Pubhe ler-ks Direete'r t[fAes-a wfitte
� -arra 1,
the ftutherity te adept and amend the pretest fs reeeived )y the Direefer-.
ftdffiinmistr-ati-,�-e rules and sepplei=nentft!
ale is feeefo ed by heTdb1ie o'er-ks Piteefer-
ej eettherule. The-G ettn-tom
aeeafding to the pteeedur-es in this see-i-... shall be final and eff-eefi�ee upon passage.-
]—^ ��...�-Per end-�of a ,�'�tle
'-_'�i� to
-L' --fie 3. tet
EXHIBIT A -AMENDMENTS TO TIGARD MUNICIPAL CODE
Text to be deleted is shown in strip and test to be added is shown in underline.
b. Net fner-e than 30 days after
the f4 set ef the inter-iffi r-tiles may he ebtftifted.
—�4. A41 per-ffianent ana itatefii=n iale
be €Aed in the—e€fiee—or the Publie Works
Direetef. (Ord. 09 05 54)
(11.04.170 to 11.04.180—No Changes)