Ordinance No. 16-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16-o y
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO PROHIBIT
SMOKING ON CITY OWNED OR OPERATED PROPERTY
WHEREAS, the Tigard City Council has general supervision, management, and control of all City
property;and
WHEREAS, smoking near building entrances, air intakes, and gathering areas near buildings
negatively affects the public health;and
WHEREAS, state law prohibits smoking within 10 feet of all entrances, exits, windows that open, and
air intakes on all public places or places of employment;and
WHEREAS, City Council wishes to expand the state law and prohibit smoking on all City owned or
operated property;and
WHEREAS, City Council believes it is appropriate to phase-in implementation of this ordinance in
order to allow for greater community outreach.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 7.82 of the Tigard Municipal Code is hereby created, as provided in Exhibit
A.
SECTION 2: This ordinance shall be effective July 1,2016.
SECTION 3: If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are
severable. This City Council hereby declares that it would have adopted this
ordinance irrespective of the invalidity of any particular portion thereof and intends
that the invalid portions should be severed and the balance of the ordinance be
enforced.
PASSED: By vote of all council members present after being read by
number antitle ordy,this aG+ 'day of Q zi n 1- ,2016.
a� All 1
Carol A. Krager,City Recorder
r �r
Ordinance No. G "L / 50014-36799TrgardCity Smoking Ban
Ordinance.DOCXCAK 127 2016
a�O�) 2016.
APPROVED: By Tigard City Council this day of �a YI�,e.l�►� ,
johiff. Cook,Mayor
Approved as to fo
City Attorney
� la�- lic.
Date
Ordinance No. 0 500/4-36799 Tigard City Smoking Ban
Ordinance.DOCX CAK-7/17/10!6
TIGARD MUNICIPAL CODE
Chapter 7.82 SMOKING. extend to City rights of way.
Sections: 7.82.040 Penalty For Violation.
Failing to comply with this chapter shall be a
7.82.010 Policy Of City Council, violation. The civil penalty for violation of this
7.82.020 Definitions. chapter shall not exceed $100 for the first violation,
7.82.030 Prohibited Conduct. and shall not exceed $500 for subsequent violations
7.82.040 Penalty For Violation. within 12 months of a previous violation of this
chapter. Each violation of this chapter shall
7.82.010 Policy Of City Council. constitute a separate offense.
The City Council declares its intention
to exercise general supervision, management
and control of all City owned and operated
property and to prevent and prohibit conduct
that interferes with serving the public and to
preserve the enjoyment, safety, comfort, and
convenience of the public and City employees.
7.82.020 Definitions.
As used in this chapter, unless the context
requires otherwise:
(1) "City" means the City of Tigard.
(2) "Smoke" means to inhale, exhale, or
possess any lighted or burning cigar,
cigarette, pipe, weed, plant, or other
substance grown, manufactured, or
processed which is intended to be used
for smoking in any form. "Smoke" also
means to inhale, exhale, or possess an
electronic cigarette or a similar device
intended to emulate smoking.
(3) "Smoking instrument" means any cigar,
cigarette, pipe, electronic cigarette, or
other smoking equipment.
7.82.030 Prohibited Conduct.
No person shall smoke or carry any lighted
smoking instrument on any City owned or
operated property. This prohibition shall not
7-82-1