Ordinance No. 17-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 17-06
AN ORDINANCE AMENDING THE TIGARD MUNCICIPAL CODE SECTION 7.52.100 TO ALLOW
POSSESSION, CONSUMPTION AND SALE OF ALCOHOL IN PUBLIC PARKS IN URBAN
RENEWAL DISTRICTS THROUGH A CITY PERMIT
WHEREAS,the Tigard City Council is the authority for city parks;and
WHEREAS,the Tigard City Council may delegate certain powers to provide for a more efficient process;and
WHEREAS, the Tigard City Council wishes to delegate certain decision related to activities allowed in
downtown parks to the City Manager or his or her designee;and
WHEREAS, the Tigard City Council would like to see downtown Tigard continue to evolve into a social,
cultural and commercial hub for the city;and
WHEREAS, a previous code amendment on alcohol use in the downtown urban renewal district is too
restrictive;and
WHEREAS,a complete ban on alcohol consumption and sales in public parks in the urban renewal district
contradicts the city's goals for downtown; and
WHEREAS, the proposed amendment allows the city to issue permits for alcohol consumption and sale in
downtown parks through the city's existing parks permit process;and
WHEREAS,the proposed amendment preserves the authority of the police department to enforce laws
prohibiting public intoxication and disruptive behavior.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 7.52.100 of the Tigard Municipal Code is hereby amended as provided in Exhibit A
(additional language underlined and deleted language strieken).
SECTION 2: 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. The City Council herby 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 enforced.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
ORDINANCE No. 17-0�
Page 1
PASSED: By vote of all council members present after being read by number
and title only,this Sf`'day of_J ,2017.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this 21""`-day of 2jj2/t�' 52017.
LX
John Cook,Mayor
Approved as to form:
X----
City AttK
Date
ORDINANCE No. 17-OC
Page 2
EXHIBIT A
TIGARD MUNICIPAL CODE
device of any kind whatever, or erect any post or city permit. The sale and consumption of alcoholic
pole or the attachment of any notice, bill, poster, beverages in existing or future parks in urban
sign wire, rod or cord to any tree, shrub, fence, renewal districts may be allowed only pursuant to a
railing, fountain, wall,post or structure, or place any permit issued by the city manager or his or her
advertising, decorative or other device of any kind designee on recommendation of the police chief, and
whatever, on any of the vases, statues, bridges or any such sale or use must co=ny with all applicable
monuments in any park; provided, that the city state liquor laws and permitting requirements.
manager may by a written permit allow the erection
of temporary decoration on occasions of public D. Failing to comply with any provision of
celebration or holidays. (Ord. 03-08; Ord. 71-12 §3) this section shall be a violation. The civil penalty for
violation of this section shall not exceed$600 for the
7.52.100 Alcoholic Beverages in Parks first violation, and shall not exceed $1,000 for
subsequent violations within 12 months of a
A. For purposes of this section: previous violation of this section.
1. "Alcoholic beverage" means any E. All alcoholic beverages and alcoholic
liquid containing any form of alcohol, including but beverage containers brought into, possessed, or
not limited to malt and fermented beverages, otherwise present in a park in violation of this
whether licensed for sale in the state or not. section are contraband and may be disposed of or
retained as evidence by the city. (Ord. 07-14; Ord.
2. "Person's own use" means for use by 06-08; Ord. 03-08; Ord. 84-48 §1; Ord. 71-12 §3)
the person as well as use by any person attending the
same social event. As used in this definition, 7.52.110 Parks—Rubbish Accumulation
"person" means a person of legal age to possess or Prohibited
drink alcoholic beverages.
It is unlawful for any person to obstruct the free
B. Except as provided in this section, it is use and enjoyment of any park by misuse of refuse
unlawful for any person to take into or possess any containers or by placing any straw,dirt,chips,paper,
alcoholic beverage in a city park other than for the shavings, shells, ashes, swill or garbage, or other
person's own use. No intoxicated person shall enter rubbish, or refuse or debris, in or upon any park,
or remain in any city park. The sale of beer or wine except in designated trash receptacles or to distribute
in city parks shall be allowed only pursuant to a any circulars, cards or other written or printed matter
permit issued by the city manager on in any park. (Ord. 82-62 §1; Ord. 71-12 §3)
recommendation of the police chief, and any such
sale must comply with all applicable state liquor 7.52.120 Parks—Vandalism Prohibited
laws and permitting requirements. No other
alcoholic beverages may be sold in city parks. The It is unlawful for any person to remove,
limited use and sale of alcoholic beverages allowed destroy, break, injure, mutilate, or deface in any way
by this subsection does not apply to the parks listed any structure, monument, statue, vase, fountain,
in subsection C of this section. wall, fence, railing, vehicle, bench, tree, shrub, fern,
plant, flower or other property in any park unless
C. It is unlawful to possess, eent sell, purchase otherwise licensed or privileged to do so. (Ord. 99-
or consume any alcoholic beverage in any existing 31; Ord. 71-12 §3)
or future city park located within the city's
dewrtewa urban renewal zene districts without a
7-52-1 Code Update:4116