Ordinance No. 62-17 17
CITY OF TICAP.D, O..EGON ORDINANCE NO. 62 -
AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR THEIR
ABATEMENT AND PRESCRIBING PENALTIES.
IT IS ORDAINED BY THE COUNCIL OF THE CITY OF TIGARD:
Section 1. Definitions.
As used in this ordinance except where the con-
text indicates otherwise, the following shall mean:
(a) Agent in charge of property. Any lessee, contract
purchaser, or person other than the owner, having the
possession or control of property.
(b)) City. The city of Tigard.
je) Council. The governing body of the city.
(d Person. Every natural person, firm, partnership,
association or corporation.
(e) Public place. Any building, place or accommo-
dation, whether publicly or privately owned, open and
available to the general public. If privately owned, only
during the hours when the public place is open to the
general ublic.
(25 As used in this ordinance the singular includes
the plural and the masculine includes the feminine.
Section2. Communicable Disease.
No person shall permit any animal or bird owned
or controlled by him to be at large within the city if such animal
or bird is afflicted with a communicable disease.
(2) Any animal or bird afflicted with a communicable
disease which is dangerous to the public health may be summarily
seized by the chief of police and, after determination by the city
health officer that such animal is incurable and dangerous, such
animal may be disposed of in a humane manner, Provided, however,
that any animal afflicted with such disease but determined by the
city health officer to be curable shall, upon request of the owner
or para�n aroll�na ail n animal_ be kept by the chief of police
until suchtimeas the animal is found to be free of such disease.
(3) Any expense incurred by the city in keeping such
animals, including but not limited to, veterinarian's fees, food,
medicines and housing, shall be charged to the owner or person con-
trolling such animal and shall be collected by the city clerk prior
to the release of such animal. All moneys so collected shall be
deposited with the city clerk.
Section 3. Dangerous Animals.
Noowner or person in charge of any dangerous animal,
wild or domesticated, shall permit such animal to run at large in
the city.
Section 4. Removal of Animal Carcasses.
No person s a permit any animal carcass owned by
him, or under his control to remain upon the public streets or places,
or exposed on private property, for a period of time longer than is
reascnably necessary to remove such carcass.
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Section 5. Nuisances Affecting the Public Health.
Ar The ZoTTdw ng are erebvZleclared to be nuisances
4L affecting the public health and way be abated in the manner pre-
scribed by Sections 19 to 23 of this ordinance.
(a) Privies. Any open vault or privy constructed
or maintained contrary to present Oregon State Board of
Health regulations.-.
(b) Debris on private property. All accumulations
of debris, rubbish,manure and other refuse located on private
property and which has not been removed within a reasonable
time and which affects the health, safety or welfare of the
pity.
(c) Water pollution. The pollution of any body of
water, stream, or drainage ditch by sewage, industrial
wastes or other substances placed in or near such water in
a manner that will cause harmful material to pollute the
water.
(d) Food. All decayed or unwholesome food which
is offered for human consumption.
(e) Odor. Any premises which are in such state
or condition as to cause a noisome or offensive odor cr
which are in an unsanitary condition.
(f) Surface drainage. Any drainage of liquid
wastes from private premises.
(g) Livestock. The keeping of any livestock or
buildings for the purpose of housing such livestock in
such places or in such a manner that they will be uffensive
or annoying to residents within the immediate vicinity
thereof, or maintaining the premises in such a manner as
to be a breeding place or likely }reeding place for rodents,
flies or other pests.
Section b. Abandoned ice Boxes.
No person scliall leave in a place accessible to
children any abandoned, unattended or discarded ice box, refrigerator
or similar container which has an airtight door with a snap lock or
lock or_other mechanism which may not be released for opening from
the inside, without first removing such lock or door from such ice
box, refrigerator or similar container.
Section 7. Attractive Nuisances.
No person own ng, controlling or in possession
Thal permit_
of arty racm3.o2u .�....�.. r--�_
(a) Any machinery, equipment or other devices on
such premises which are attractive and dangerous to
children and which are accessible to children.
(b) The placing or storing of any lumber, logs or
piling in such manner as to be attractive and dangerous
to children and which is accessible to children.
(c) Any excavation to remain open for an unreason-
able length of time without erecting proper safeguards or
barriers to prevent such excavation from being visited by
children.
(2) The provisions of this section shall not apply
to authorized construction projects provided that during the course
of construction reasonable safeguards are maintained to prevent
injury or death to playing children.
nRnTNANC 62 - r
(3) Any nuisance as described in this section may
_ be abated as provided in Sections 19 to 23 of this ordinam e.
IL Section 8. Snow and Ice Removal,
No person owning it controlling any premises, improved
or unimproved, abutting upon any public sidewalk within thecity shall
permit;
(1) Any snow to remain on such sidewalk for a period
longer than the first eight hours of daylight after the snow has
fallen.
(2) Any such sidewalk to be covered with ice and it
shall be the duty of any such person within the first eight hours
of daylight after the ice has formed to remove any ice accumulating
on such sidewalk or to properly cover it with sand, ashes or other
suitable material to assure safe travel.
Section 9. Trees Shrubs and Weeds and Stagnant Wacer.
No owner, occupant or agent in charge of any lot
or land shall permit upon such property or upon any sidewalk abutting
such property, any grass, weeds or other noxious growth. It shall
be the duty of every owner, occupant or agent in charge of lots or
land in the city to cut down or otherwise to destroy any noxious
weeds on such property or streets or sidewalks bordering thereon
as often as necessary to prevent such weeds from maturing or going
to seed.
(2) No owner, occupant, or agent in charge of any
lot or land shall permit upon such property any stagnant water which
affords a breeding place for mosquitoes or other insect pests. It
shall be the duty of every owner, occupant or agent in charge of
lots or land in the city to drain or remove any such stagnant water
as soon as practicable after such water forms.
(3) Nothing in this section shall be construed to.
prohibit lawns, or bushes, trees and other shrubbery grown or main-
taismd for ornamental purposes nor shall it prohibit the growth or
maintenance of any vegetation designed for food or fuel purposes,
except that the owner, occupant or agent in charge of any real
property shall not permit the limbs of any shrub _or tree projecting
into or extending over the street to interfere with the use of the
t' sidewalk or roadway, or to obstruct a driver's view of an inter-
section or traffic upon streets approaching an intersection or other-
wise to constitute a hazard to the public. Trees shall be trimmed
so that the minimum clearance of any overhanging portion thereof
shall be eight feet above the sidewalk and 13 feet above the road-
`way. Hedges and oVrLey shrubbery shell not overhang the sidewalk
or roadway,
(4) Any weeds, grass and other nvxious growth and
any obstructing or hazardous trees and shrubs, and any stagnant
water as set forth in this section are hereby declared to be a
nuisance and may be abated as hereinafter provided in this section.
(5) The chief of police upon the 'discovery of any
such nuisances as described in this section is empowered and directed
toposta written or printed notice upon such property, which notice
shall be in legible characters and which shall direct the owner,
AW his agent, or the occupant of such property or any or all of them
to remove the nuisance, specifying the same briefly, within five
days from and after the date of such notice. In case said premises
shall, at the time, have no occupants said chief of police shall
forthwith also send by mail, postage prepaid, a like notice to the
owner or of his agent, if the owner's address is unknown, and if
the address of neitner owner or any agent is known, then said notice
Page 3 - ORDINANCE NO. 62 �_•
may
be addressed to the owner at Tigard, Oregon. An error in the
name of the owner or agent or the use of any other name than that r
of the true owner or agent of such property shall not render such
notice void, but in such case the posted notice shall be deemed
sufficient; provided, also, that actual notice to any owner, his
agent, or the occupant of any property for five days e'Lall also
be deemed sufficient for the purpose of this ordinance.
(6) Within said five days after the date of posting
and mailing such notice, it is hereby made the duty of the owner
of any lot, tract, or parcel of land cr his agent or the person in
possession to remove and abate said and any nuisance or make a show-
ing that no such nuisance, in fact, exists. Such showing shallbe
made by filing with the recorder of said city, within the time
specified in said notice for the removal of such :nuisance, a written
statement that no such nuisance exists on such property, and there-
upon the recorder shall present said written statement to the city
council of said city, and said city council shall hear said matter
at either a regular meeting or at any special meeting, as it may
determine, and the person filing said written statement shall be
promptly notified of the time and place of such hearing. Such
person may appear at such hearing and be heard in his own behalf
and the city council, after such hearing, shall declare whether
such nuisance does or does not exist, which declaration may be made
by motion or resolution duly adopted by the council.
(7) If, upon such hearing, it be determined by the
city council that such nuisance exists or if no showing be made by
the owner his agent, or by any of the persons mentioned in sub-
section (1) of this section calling for any hearing thereon., the
chief of police of the city shall forthwith proceed to abate such
nuisance, and he shall thereafter certify to the city council an
_account of the labor, services, material, and all expenses incurred,
verified by the said chief of police or by any police officer,
together with a description of each lot or premises upon or in
respect to which such expenses were incurred, together with the
name of the owner or person, if known, chargeable therewith, stating
the expense incurred for and on account of each lot, tract, or parcel
of land separately, and such costs and expenses shall thereupon be
assessed to said lots, tracts or parcels of land under and in accord-
ance with the charter or ordinances of the City of Tigard.
Section 10. Awnings.
No owner, occupant, or agent in charge of any
piupeity i^. this city shall maintain an awning less than seven feet
above a sidewalk.
Section 11. Scattering Rubbish.
No person s a t raw. dump or deposit upon any street,
alley or other public place, any injurious or offensive substance
or any sort of rubbish, trash, debris, or refuse, or any substance
which would mar the appearance, create -s stench or detract frozr. the
cleanliness or safety of such public place, or would be likely to
injure any animal, vehicle or person traveling upon such public way.
Section 12. Fences.
No person shall construct or maintain any barbed-wire
f., fence or allow barbed wire to remain as part of any fence along a
sidewalk or public way, unless such wire is placed not less than
six inches above the top of a board or picket fence which is not
less than sin feet high.
x Page 4 - ORDINANCE NO. 62
Section 13. Surface Waters T�rainabe.
it sh— all be un a— wtui—tor the owner or occupant of any
building or structure to suffer or permit accumulated rain water,
ice or snow to fall from any such building or structure upon dny
street or side-walk, or to permit rain water or other surface drain=
age water from such building or structure or from any parking lot
or open area to flaw across any sidewalk, and every such owner or
occupant shall at all times keep and maintain in a proper state of
repair adequate drainpipes or a drainage system sufficient to carry
to the street gutter or storm sewer any overflow or drainage water
accumulating upon such building, structure, parking area or open
area.
Section 14. Radio and Television Interference.
Operation or use by any person, within the corporate
limits of this city, of any electrical, mechanical or other device,
apparatus, instrument or machine that causes interference with
radio or television reception is prohibited: provided `hat the radio
or television receiver interfered with is of gaa,! engineering design,
and that the interfering electrical or other deice is capable of
interference elimination by reasonable repairs, adjustments or
alterations. This section shall not apply to electrical and radio
devices licensed, approved and operated under the rules and regula-
tions of the Federal Communications Commission; nor shall this
section be construed to prohibit the use or operation of any such
device when necessary for the protection of life or property, for
the care or treatment of sick or injured persons, or for the opera-
tion of a public utility.
Section 15. Unnecessary Noise.
No person shall make, assist in making, or
permit any loud, disturbing or unnecessary noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, safety
or peace of others.
(2) The following acts are declared to be loud, dis-
turbing and unnecessary noises in violation of this section but the
enumeration shall not be construed to be exclusive:
(a) The keeping of any bird or animal which by
causing frequent or long continued noise shall disturb
tze comfort and repose of any person in the vicinity.
(b) The attaching of any bell to any animal or
allowing a bell to remain on any animal which is dis-
turbing to any person in the immediate vicinity.
(c) The use of any vehicle or engine, either
stationary or moving, so operated as to create any loud
or unnecessary grating, grinding, rattling or other noise.
(d) The sounding of any horn or signalling device
on any vehicle on any street, public or private place,
except as a necessary warning of danger.
(e) The blowing of any steam whistle attached to
any stationary boiler, except to give notice of the time
to -begin or stop work, or as a warning of danger, or upon
request of proper city authorities.
;f) The use of any mechanical device operated by
compressed air, steam or otherwise, unless the noise there-
by created is effectively muffled.
(g) The erection, including excavation, demolition,
alteration or repair of any building in residential
Page 5 - ORDINANCE NO. 62 - .
districts, other than between the hours o& 6:00 a.m. and 10:00 p.m.
on Mondays through Saturdays, except in case of urgent necessity
in the interest of the public welfare and safety; and tion anl;
with a permit granted by the city engineer for a period not to
exceed 10 days. Such permit may be renewed for periods of five
days while =ilitil emergency continues to exist; 'Provided further,
that if the city engineer shall determine that the public health,
safety and welfare will not be impaired by the erection., demolition,
alteration or repair of any building between the hours of 10:00 p.m.
and 6:00 a.m. and if he shall further determine that loss or in-
convenience would result to any person unless such work were per-
mitted within those hours he may grant permission for such work to
be done within the hours of 10:00 P.M. to 6:00 a.m. upon application
therefor being made at the time the permit for the work is awarded
or during the progress of the work.
(h) The use of any gong or siren upon any vehicle,
other than police, fire or other emergency vehicle.
(i) The creation of any excessive noise on any
^f warning. church or
street adjacent to any school, insLi11 iil- _
court of justice while the same are in use, or adjacent to any hos-
pital or institution for the care of the sick or infirm, which un-
reasonably interferes with the operation of such institutioU1, or
which disturbs or unduly annoys patients.
(j) The discharge in the open air of the exhaust of
any steam engine, internal combustion engine, motor boat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises and the emission of annoying smoke.
(k) The use or operation of any automatic or electric
piano, phonograph, gramophone, victrola, radio, television, laud
speaker or any instrument for sound producing or any sound-amplifying
device so loudly as to disturb persons in the vicinity thereof or
in such a manner as renders the use thereof a nuisance; provided
however, that upon application to the council permits may be granted
for the broadcast or amplification of commercial or entertainment
programs, or to any organization for the broadcast of programs of
music, speeches, or general entertainment as a part of a national,
state or city event, public festivals or outstanding events of a
inoncommercial nature, provided that such broadcast or amplification
-shall not be audible for a distance of more than 1,000 feet from
the instrument, speaker or amplifier, and in no event shall such
permit be granted where any obstruction to the free and uninterrupted
traffic, both vehicular and pedestrian, will result.
(1) The making of any loud or unreasonable noise
bycrying, calling or shouting, or by any means of any whistle,
rattle, belt_ gong, clapper, namners dnim, musical instrument
or other device for the purpose of advertising goods, wares or
merchandise or of attracting attention or of inviting patronage of
any person to any business whatsoever; provided that newsboys may
sell newspapers and magazines by public outcry.
Section 16. Fireworks - Adoption of State Fireworks Law.
T e regon rewor s aw,-_toget er w t a acts and
amendments applicable to cities which are now or hereafter enacted,
is hereby adopted by reference and made a part of this ordinance.
Section 17. Notices and Advertisements.
o persor.-s a a or cause to be distributed
any placard, bill, advertisement or poster upon any real or personal
Page 6 - ORDINANCE NO. 62 - �
Property, public or Private, without first securing permission
from the owner or person in control of private property. This
section shall not be construed as an amendment to or a repeal of
any regulation now or hereafter adopted by the city regulating the
use of.and the location of signs and advertising.
(2) No person shall either as principal or agent
scatter, distribute or cause to be distributed on the streets, side-
walks or other public places or upon any private property any pla-
cards or advertisements whatsoever.
(3) This section shall not be construed to prohibit
the distribution of advertising material during any parade or
approved public gathering.
Section 18. General Nuisance.
i nuisance is a thing, substance or act which
shall:
(a) Annoy, injure or endanger the peace, health,
n' _eponp nf the Public- or-
((b Offend against public decency, or,
- `' (c Unlawfully interfere with, obstruct or tend
to obstruct or render dangerous-for passage any public
park, square, alley or highway, or,
(d) In any way render the public insecure in life
or in the use of property.
(2) Any thing, substance or act defined as a nuisance
in this section may be abated as provided in Sections 19 to 23 of
this ordinance.
Section 19. Abatement Notice.
Upon deteFmination by the council that a nuisance
as defined in this or any otherordinance of the city exists, the
council shall forthwith cause a notice to be posted on the premises
liable for the abatement directing the removal of such nuisance.
(2) At the time of posting, the city recorder shall
cause a copy of such notice to be forwarded by registered mail,
postage prepaid, to the owner or agent in charge of the property
at the last known address of such owner or agent.
(3) The notice to abate shall contain:
(a) A description of the real property, by
street address, or otherwise, on which such nuisance exists.
A direction to abate and remove the
nuisance within 30 days from the date of the notice.
(c A description of the nuisance.
(d) A statement that unless such nuisance
is removed the city will remove the nuisance and the cost
of removal shall be a lien against the property.
(e) A statement that the owner or agent in
charge,of the property may protest the action by giving
notice to the city recorder within 10 days from th. date
of the notice.
(4) The person posting and mailing the notice as pro-
vided herein shall, upon completion of the posting and mailing,
execute and file a certificate stating the date and place of such
mailing and posting.
An error in the name or address of the owner or
agent in charge of the property or the use of a name other than that
of the owner or agent shall not make the notice void and in such a
case the posted notice shall be deemed sufficient.
Page 7 - ORDINANCE NO. 62 - .
Section 20. Abatement by the Owner.
i atnin s$O days suer the posting and mailing of
the notice as provided in Section 19, the owner or agent in charge
of the property shall remove and abate the nuisance or show that
no nuisance exists.
(2) The owner or agent in charge protesting that no
nuisance in fact exists shall file with the city recorder a written
statement which shall specify the basis for contending that no
nuisance exists.
(3) The statement shall be referred to the council
as a part of the council's regular agenda at its succeeding meeting.
At the time set for the consideration of the abatement, the owner
or agent may appear and be heard by the council and the council
shall thereupon determine whether a nuisance in fact exists and
such determination shall be entered in the official minutes of the
council. Council determination shall be required only in those
cases where a written statement has been filed as provided herein.
(4) Upor council determination that a nuisance does
..
in fact exist, the owner or agent shall wi%Lam«�aa
council determination remove or abate such nuisance.
Section 21. Abatement b the Cit
If wi.t n t e t me fixed, as provided in this
ordinance, the nuisance has not been abated by the owner or agent
in charge of the property, the council shall cause the nuisance to
be abated.
(2) The officer charged with abatement of such
nuisance shall have the right at reasonable times to enter into
or upon any property to investigate or cause the removal of such
nuisance.
(3) The city recorder shall maintain an accurate
record of the expense incurred by the city in abating the nuisance
and shall include therein an overhead charge of 10 per cent of the
total cost for administration.
Section 22. Assessment of Costs.
A nct ce o t e billing shall be forwarded by
registered mail, postage prepaid, to the owner or agent in charge
of the property by the city recorder. The notice shall contain:
(a) The total cost', including the admin-
istrative overhead, of the abatement.
(b) A statement that the cost as indicated
will become due and payable within 60 days.
(c) A statement that if the owner or agent
in charge of the property objects to the cost of the
abatement as indicated, he may file a notice of objection
:pith the city recorder within 30 days from the date of
the notice.
(2) Upon the expiration of 30 days after the date
of the notice, objections to the proposed charge shall be heard
and determined b the council in its regular course of business.
(3� If the council determines that the costs as
indicated are a valid expense to be paid by the owner or agent
in chage of the property, then such charges shall become due and
payable 60 days from the date of the notice.
(4) The city recorder shall, upon the nonpayment of
such costs within the time specified, bring suit for the same in
any court'-.of competer_t jurisdiction in the name of the city of
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® Tigard against the owner or agent in charge of the property, ander
upon collection of the same by such suit he shall pay the same to
the city treasurer.
Section 23. Summar Abatement.
e'proce ure provided by this ordinance is not ex-
clusive but in addition to procedure provided by other ordinance;
thermore the health officer, the chief of the fire depart-
and
epparto
and fur
ment and the police officers of this city may proceed summarily
wabate ahich therelis otherth oimminent dangercto humar, lifetbloraproperty.existand from
Section 24. Penalties.
y person �jiolating any of the provisions of this
ordinance shall, upon conviction thereof be punished by imprison-
ment in jail for a period not to exceed '30 days, or by a fine not
to exceed $200.00, or both.
® Section 25. Se aratc ���...-- -- provision of this
("—Each" ay s v olation of a
ordinance shall constitute a separate offense.
(2) The abatement of a i?uisance as herein provided
butlshall beniniaddition to anyfor a penaltylimposedfforia violation�of
this ordinance.
Section 26.
sectioSeyet
e sect ons and subsections of this ordinance are
hereby declared severable. The invalidity, of any one section or sub-
section shall not affect the validity of t[ie remaining sections or
subsections.
PASSED:
By the City Council,this 2 y day of September, 1962.
APPROVED By the Mayor, this 2 1 day of September, 1962.
Mayor t Y OT
AtCe t:
( C er - C tY gar
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Ski