Ordinance No. 71-12 CITY OF TIGARD, OREGON
ORDINANCE NO.71--,Q,
AN ORDINANCE PRESCRIBING POLICIES, RULES AND REGULATIONS FOR
THE USE, MAINTENANCE AND PROTECTION OF PUBLIC PROPERTY OF THE CITY
OF TIGARD, FIXING PENALTIES, PRESCRIBING EFFECTIVE DATE AND
DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1:_ POLICY OF THE CITY COUNCIL: The City Council, except
as otherwise expressly provided, does hereby declare
its intention to exercise general supervision, management and con-
trol of all public parks, public parkways, public squares, public
z grounds, including, but not restricted to streets, boulevards,
' paths, sidewalks, greenways, rest areas, playgrounds and other
areas, hereinafter collectively referred to as "public areas"
whether publicly or privately owned, dedicated, leased or other-
wise set aside for public use and not under the supervision of
control of any other public agency, and the Council does hereby
declare its intention to prescribe rules and regulations as herein
' set forth or from time to time as necessary with respect to such
public areas.
All public areas as herein designated for general public
use shall be kept and maintained for the use and benefit of the
public, subjectionly to such reasonable and necessary rules and re-
gulations as herein prescribed or as may be from time to time
adopted to protect and preserve the enjoyment, convenience and
`k safety of the general public in the use thereof.
Section 2: DELEGATION OF AUTHORITY: The City Administrator is
hereby authorized to make such reasonable rules and
regulations not inconsistent with this and other ordinances of the
City of Tigard and the policies of the Council as herein enunciated,
as may be necessary for the control and management of the public
�. areas hereinabove designated. All such rules and reulations shall
be set forth in writing and, to the extent deemed necessary by the
` City Administrator, shall be posted in conspicuous places in the
areas affected thereby, for the guidance of the general public and
individual users.
. If any person feels aggrieved by any such rule or
regulation, he may appeal to the Council by filing with the City
Recorder a remonstrance against such rule or regulation, which
shall be placed on the agenda of the Council at its next regular
meeting, and until amended or repealed by the Council such rule or
regulationshall remain in full force and effect.
m Section 3: GENERAL RULES FIND REGULATIONS PRESCRIBED BY THE COUNCIL:
€ The Council finds that it is in the public interest and
t ' necessary for the peace, health and safety of the general public
that the following rules and regulations be enforced, and for the
purposes herein set forth are hereby adopted:
"page 1 ORDINANCE NO,
1. Permit Reauired for Political. Religious and Other Larcre
Gatherings: Use of the public areas herein described for
organized group picnivs, political or religious gatherings,
or groups consisting of more than fifty (54) persons in
attendance at any one time, shall be unlawful unless a
written permit has been issued with the approval of the
City Administrator as City Recorder.
2. Sales and Services for hire Restricted. It shall be un-
lawful for any person to sell or offer for sale any
article or perform or offer to perform any service for
hire in any of the parks without a written permit for
such concession properly and regularly granted by the
City Recorder or City Administrator.
3. Advertisinq and Decorative Devices Forbidden. It shall be
unlawful for any person to place or carry any structure,
sign, bulletin board or advertising device of any kind
whatever, or erect any post or pole or the attachment of
any notice, bill, poster, sign wire, rod or cord to any
tree, shrub, fence,railing, fountain, wall, post or
structure, or place any advertising, decorative or other
device of any kind whatever, on any of the vases, statues,
bridges or monuments in any park; provided, that the City
Administrator may by a written pe... :Ut allow the erection
of temporary decoration on occastions of public celebra-
tion or holidays.
4. Intoxicants in Parks: It shall be unlawful for any person
to take into or upon any park any intoxicating liquor, for
other than his own use. No intoxicated person shall enter
or remain in any of the parks. The sale or dispensing of
malt beverages containing not more than four percent (4%)
of alcohol by weight, shall be allowed only after obtaining
a permit to do so from the City Administrator subject to
approval of the City Council and the Oregon Liquor Control
Commission.
5 Parks to be_Kept Free of Rubbish: it shall be unlawful for
any person to obstruct the Free use and enjoyment of any
park by misuse of refuse containers or by placing any straw,
dirt, chips, paper, shavings, shells, ashes, swill or
garbage, or other rubbish, or refuse or debris, in or upon
any park, or to distribute any circulars, cards or other
written or printed matter in any park.
6. Vandalism, Possession of Flowers and Shrubs Forbidden.
It shall be unlawful for any person to remove, destroy,
break, injure, mutilate, or deface in any way any structure,
monument, statue, vase, fountain, wall, fence, railing,
vehicle, bench, tree, shrub, fern, plant, flower or other
property in any park.
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7. Games of C`hanee. It shall be unlawful for any person to
play any game of chance or to carry on betting of any
kind within the park boundaries,
B. Use of Explosives. It shall be unlawful for any person to
use firearms, firecrackers, fireworks, torpedoes or
MU explosives of any kind in any park.
9. Molesting Animals,__Birds and Fish,
it shall be unlawful
for any person to use any weapon, stick, stone or missile
of any kind to the destruction, injury, disturbance or
molestation of any wild or domestic animal, fowl or fish
within the park limits.
It shall be unlawful for any person ;.o give, or offer, or
attempt to give to any animal within the parks, any tobacco
or other known noxious articles, or anything the giving of
which is prohibited by printed notices conspicuously posted
therein.
10. Annovina ChUdren and Others. it shall be unlawful for any
person to solicit the acquaintance of another in any park„
or annoy or follow children, or distribute obscene
literature, or in any other way annoy another.
11. Restrictions_and Prohibitions as to Fishinnc and Bathing_
It shall be unlawful for any person to fish, wade, swim
or bathe in any of the parks except in the places desig-
nated by regulation for such purposes. The Japartment of
Public Works, with the approval of the City Administrator,
shall have authority to allow fishing in the waters of
any park of the City by posting adjacent to such waters
a sign or signs stating that such fishing is authorized,
and by posting age limits such fishing may be restricted
to juveniles or others under the age as designated by
said sign, and it shall be unlawful for any person over
the age limit as posted to fish in any such waters of a
park of the city of Tigard.
12. Mutilation of Park Notices. It shall be unlawful for any
person to injure, deface or destroy any notice of the
rules and regulations for the government of the parks,
which shall have been posted or permanently fixed by
order or permission of the City Administrator.
13. Animals Running at Targe Prohibited. It shall be unlaw-
ful for ,the owner, possessor or keeper of any animal to
permit such animal to roam at large in any park, and, if
such animal is found in any park, it may be impounded.
14. Entrances. No one shall enter or leave the parks except
at an established entrance, and no one shall anter or
remain in the parks after the hours fixed by regulation.
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15. Admittance where. No person shall enter any building,
enclosure, or place within any of the parks upon which
the words "no admittance" shall be displayed or posted
by sign, placard, or otherwise.
.15. Parts Closed to Public. Nn person shall ride, drive or
walk on such parts or portions of the parks or pavements
as may be closed to public travel, or interfere with
barriers erected against the public.
17. Permits to be Exhibited. Any person claiming to have a
Permit fzom the City, shall produce and exhibit such
permit upon request of. the Department of Public works or
the Police .Department.
is. nces and�ulations� All per-
mits issued by the City shall be subject to the City's
ordinances. The persons to whom such permits are issued
shall be bound by said rules, regulat,ionb and ordinances
as fully as though the same were inserted in such permits.
Any person or persons to whom such permits shall be
issued shall be liable for any loss, damage or injury
sustained by any person whatever by reason of the negli-
gence of the person or persons to whom such permit shall
be issued, as well as for any breach of such rule., regu-
lations and ordinances, to the person or persons so
suffering damages or injury.
19. Conduct. Mo one shall sleep on the seats or benches, or
use loud, boisterous. threatening, abusive, insulting or
indecent language, or behave in a disorderly manner, or
do any act tending to a breach of the public peace.
20. Swings and Hammoc s. No swings or hammocks shall be hung
or swung in any of the parks, except on the posts erected-
for the purpose.
21. Yublic__Convenience Station.
tai It shall be unlawful for any person to blow, spread
=y; or places any nasal or other bodily discharge, or spit,
urinate or defecate on the floors, walls, partitions,
furniture, fittings, or on any portion of any public
convenience station or in any place in such station,
excepting directly into the particular fixture provided
s-- for that purpose. Norshallany person place any bottle,
can, cl.3th, rag, or rectal, wood or stone substance in any
•y of the plumbing' fixtures in any such station.
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(b) It shall be unlawful for any person to stand or
climb on any closet, closet seat, basin, partition or
other furniture ox fitting, c.r co loiter about or push,
crowd or otherwise set in a disorderly manner, or to
interfere with any attendant in the discharge of his or
her duties, or whistle, dance, sing, skate, swear, or
use obscene, loud or boisterous language within any
public convenience station, or at or near the entrance
thereof.
(c) It shall be unlawful for any person to cut, deface,
mar, destroy, break, remove or write on or scratch
any wall, floor, ceiling, partition, fixture or furni-
ture, or use towels in any improper manner, or waste
soap, toilet paper, or any of the facilities provided
in any public convenience station.
22. Public Drinkinq Fountains It shall be unlawful for any
person to wilfully mark, scratch, disfigure, deface,
remove or in any manner injure any public drinking fountain,
or throw, place or deposit in any cup or baein of same
any cigar stub or cigarette stub; or any other matter or
refuse whatever, or obstruct the regular flow of water
thereof in any manner whatever.
23. _Signs, Liqhts. Call Boxes. Hydrants Etc. It shall be
unlawful for any person to wilfully cut, remove, deface
or in any manner injure or damage any street sign, any
street, bridge or subway light, light fixture, or
standard, or any police or fire call box, or any
hydrant, fence, gate or enclosure, or any part thereof,
placed in any public areas.
24. Damage to Public Property - Pavment for Restoration
(a) owners or persons in control of, or persons who
permit the entry of any dog, horse or other animal into
any public area under the control of the City, in addi-
tion to any penalties imposed by this ordinance for.
violation hereof, shall be held 'liable for, and shall
pay to the City, the full value of repair or restoration
of any public property damaged or destroyed, and if not
paid upon demand by the City, recovery of same may be
sought by action brought in the rams of the City in any
court of competent jurisdiction.
(b) Any person who shall utilize the public areas
herein described and who shall damage or destroy any
public property under the control of the City, in addi-
tion to any penalties imposed by this ordinance for
violation hereof, shall be held liable for, and shall pay
to the City, the full value of repair or restoration of
any public property damaged or destroyed, and if not
paid upon demand by the City, recovery of sane may be
sought by action brought in the name of the City in any
court of competent jurisdiction.
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25. City Empl(spees Not Affected. Nothing contained herein
shall prevent the performance of any act or duty by City
employees which has been duly authorized by the Depart-
ment of Public Works or the Police Department.
26. Traffic Regulations in Public Areas. Except as may be
otherwise specifically prescribed by this or other ordi-
nances of the City, the MOTOR VEHICLE CODE OF 1970 OF THE
CITY OF TIGARD regulating street traffic shall be in full
force and effect in all public areas described in this
ordinance.
The following regulations are hereby made applicable to
public areas within the City and subject to the City's
control:
(a) No one shall ride or drive any bicycle, motor-
cycle, motor vehicle, truck, wagon, horse, or any vehicle
or animal in any part of the parks except on the regular
drives designated therefor; provided, that baby carriages
and such vehicles as are used in the park service are
not included in the foregoing prohibition.
(b) No one shall drive any hearse, vehicle in a
funeral procession, market wagon, milk wagon, dirt car,
moving van, dray, truck, heavy-laden vehicle, or vehicle
carrying or ordinarily used in carrying merchandise, goods,
tools, material or rubbish, except such as are used in
the park service, over any drive or boulevard in any of
the parks; provided, however, the City Administrator in
his discretion may grant permission in writing for
vehicles to carry materials over park drives or boulevards
to buildings abutting on parks when no other road, street
or way is accessible or passable.
(c) No one shall hitch horses or other animals to any
tree, shrub, fence, railing or other structure, except
such as are provided for such purpose, or allow horses
or other animals to stand unhitched while the driver or
attendant is beyond reach of such horse or other animal.
(61 It shall be unlawful for any person to park any
motor vehicle on any park or playground area in the City
of Tigard, except in regularly designated parking areas.
The Police Department shall have and exercise authority
to tow any vehicle found parked in a park or playground
area not designated for parking purposes, and to impound
such vehicle and to impose and collect the fees for towing
and storage in accordance with the provisions of
Section 13 of Ordinance No. 69-74 as amended.
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(e) It shall be unlawful for any person to store, park,
or leave standing unattended for a continuous period of
more than twenty-four '%2�% hours, an
motor vehicle,
boat, trailer, conveyance or other personal property
within any public area under the City's control.
Section h: PENALTIES:
Any person violating any provision of this ordinance, upon
conviction shall be punished by a fine of not more than $500.00
or by imprisonment in the City or county Jail for not exceeding
six (G) months, or by both such fine and imprisonment.
section 5- EMERGENCY CLAUSE:
Inasmuch as there are not now in effect reasonable and
necessary regulations with respect to the use, control., maintenance
and protection of public property of the City of Tigard, the Council
finds that it is necessary for the peace, health and safety of
the people of.the City of Tigard and the general public that this
ordinance be adopted with the least possible delay, and an emergency
is hereby declared to exist, and this ordinance shall be effective
upon its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present
after being read three times by number and title
only, this 22nd day of March, 197E
,2 day of March ----- 1971:.
Recorder - City,df Tigard
APPROVED: By the Mayor, this _2,, _day of _.larch . 1971.
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Mayor City of Tigard
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