Ordinance No. 19-19 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19- jq
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.58 REGARDING RULES
OF CONDUCT ON CITY PROPERTY
WHEREAS,Tigard Municipal Code (TMC) 7.58 establishes rules of conduct on all City property;and
WHEREAS, TMC 7.58 is not a criminal code and violations may be punishable by exclusion from City
property;and
WHEREAS, additional changes are necessary to this chapter based on current case law, such as removing the
prohibition on camping on any City property;and
WHEREAS, the proposed amendments also clarify the process for issuing an exdusion and the municipal
court hearing procedures for an appeal of an exdusion.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 7.58 is amended as shown on the attached Exhibit A (additional
language is underlined and deleted text is shown in stri cthretugh).
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity does not affect the 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.
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.
PASSED: By it4/j dmem„ vote of all council members present after being read by number
and title only, this 3"-day of /)Ce!t'vc 6€r-,2019.
` 44AJ er
Carol A. Krager, City Recoi'er
APPROVED: By Tigard City Council this 3 r� day of pez%m-6ecs ,2019.
C."- c•—•....—,,, ....--1......---.
J as . Snider,Mayor
ORDINANCE No. 19- 11
Page 1
Approved as to form:
City Attorney
i :131 19
Date
ORDINANCE No. 19-
Page 2
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 7.58 RULES OF CONDUCT ON B. "Police officer" means a member of the
CITY PROPERTY Oregon State Police, municipal police officer,
sheriff, and or officer of the Tigard Police
Sections: Department, including sworn members of the
Tigard police reserves.
7.58.010 General Purposes of Chapter
7.58.020 Definitions C. "Authorized employee" means any
7.58.030 —Peng: -Violation employee of the City of Tigard authorized and
7.58.040 Prohibited Acts Generally _ _ • . _ •-
. :.! ! • • • _ director to enforce any rules within city property,
including buildings and parking lots. These rules
7.58.070 Public Works D; ctor City
Manager to Make Rules and
Regulations . :.! ! ' • • • . . •
7.58.080 Rules of Conduct on City
Property Unless a different penalty is specifically
7.58.090 Enforcement and Exclusion provided, any violation of any provision of this
from City Property chapter shall upon conviction be punished by a
7.58.100 Right to Appeal fine of not more than $500, or by imprisonment of
7.58.110 Variances not more than six months, or by both. However,
no greater penalty shall be imposed than allowed
7.58.010 General Purposes of Chapter under Oregon law.
The general purposes of the provisions set 7.58.040 Prohibited Acts Generally
forth in Chapter 7.58 are to prevent and prohibit
conduct that threatens harm to individual or public A. Any act or thing prohibited or the failing
interests, or interferes with serving the public, to to do any act or thing commanded to be done in
preserve the enjoyment, safety, comfort and this chapter, on city property, within the corporate
convenience of the public, and to enhance the limits of the City of Tigard and within such other
orderly administration and operation of city areas as may be specified in this chapter is hereby
business on city property, by prohibiting conduct declared to be an offense against the public peace,
that unreasonably interferes with the safety, health, morals, and general welfare of the
administration and lawful use of city property and people of the City of Tigard.
providing fair warning of the nature of the
conduct declared to constitute an offense. B. Any act or omission prohibited by made
unlawful under this chapter shall includes causing,
7.58.020 Definitions allowing, permitting, aiding, abetting, suffering,
or concealing any such act or omission.
A. "City property" means any property
owned or managed by the city, including but not 7.58.050 Consistency with State
limited to parks, greenways, buildings, parking
lots or other land or physical structures awned-er
managed by the city.
7-58-1 Code Update: 3/12
Exhibit A
TIGARD MUNICIPAL CODE
This chapter shall be construed so as to made by the director shame remains in full force
render it consistent with State of Oregon criminal and effect as if it were an ordinance. The city
law, and any procedures or defenses made manager may delegate this authority.
offenses under State of Oregon criminal law shall 7.58.080 Rules of Conduct on City
.. . . Property
. ..! : ! • . • . - . . While on or about city property It is a
violation of this chapter to:
The city manager shall designate a person or
persons to be in charge of the various city A. No person shall vViolate any federal; or
properties for the purpose of enforcing the rules of state law or City of Tigard ordinance or rule law.
conduct. In addition, police and authorized
employees shall have the authority to enforce the B. No person shall eEnter or remain on any
rules of conduct on or about city properties, as city property for purposes other than to conduct
deemed necessary by the person in charge, or legitimate business with the city or to use that
when actually observed by the police officer or property lawfully under the rules provided by the
authorized employee. The city manager shall also city.
C. No person shall eEnter or attempt to
7.58.070 City enter any secure portion of any city government
Manager to Make Rules and building that is not open to members of the
Regulations general public,without authorization from the city
manager or a designee.
The director of public works city manager is
authorized to make such rules and regulations not D. No person shall dDeface, damage, or
in conflict with the ordinances of the city as the destroy city property.
director finds necessary for the better control and
management of city property. parks, greenways E. No person shall eEngage in conduct that
and city owned or managed buildings and parking degrades the appearance of city property,
facilities. These regulations may will be posted at including but not limited to, depositing trash,
the applicable property and are in addition to all spitting, urinating, or defecating upon the
other applicable laws and ordinances. various city property.
properties in abbreviated form and are in no way
meant to be all inclusive of the conduct prohibited F. No person shall eEngage in conduct that
or required by this chapter. If any person feels disrupts or interferes with the normal operations
aggrieved by any such rule or regulation, the A of the city government, or engage in conduct that
person may appeal to the city council to amend or disturbs customers or employees of the city
repeal a rule council for its amendment or repeal government, including but not limited to, conduct
by filing a petition with the city manager recorder that creates unreasonable noise, or conduct that
a petition which that states the basis for the consists of loud or boisterous physical behavior.
objection. shall be presented to the council at its
next regular meeting. Until and unless amended or G. No-per-soil-shall eEngage in conduct that
repealed by the council, any rule or regulation subjects or may subject customers or employees
7-58-2 Code Update: 3/12
Exhibit A
TIGARD MUNICIPAL CODE
of the city government to annoyance or alarm, attempt, solicitation or conspiracy to commit any
including but not limited to, conduct that involves such felony or misdemeanor defined in ORS:
the use of abusive or threatening language or a. Chapter 162, Offenses Against
gestures. the State and Public Justice;
b. Chapter 163, Offenses Against
purpose of housing or camping, including but not Person(s);
limited to, placing objects such as vehicles,
bicycles, backpacks, carts, or other items in a c. Chapter 161, Offenses Against
manner that interferes with free passage. Property to Include Offensive Littering;
HI. Ne—persen—shall (Refuse to obey any d. Chapter 165, Offenses
reasonable direction of a city government Involving Fraud or Deception;
employee.
e. Chapter 166, Offenses Against
J. No person shall violate any provisions Public Order; Firearms and Other Weapons;
posted on any city parking facility, whether that Dackeeteer-i��r�ng;
parking is generally available to the public or not.
Private vehicles may not be left overnight in any f. Chapter 167, Offenses Against
city parking facility without the express consent Public Health, Decency and Animals;
of the person in charge of that facility. Violators
are subject to cite and tow without notice where g. Chapter 175, Controlled
pasted- Substances; Illegal Drug Cleanup; Paraphernalia;
Precursors; or
7.58.090 Enforcement and Exclusion
from City Property 2. Otherwise involves a controlled
substance; or
A. Persons who violate any of the rules of
conduct on any city property may be immediately 3. Has resulted in injury to any person
ejected from the premises and excluded from city or damage to any property; or
property for a period of 30 to 180 days.
4. Constitutes a violation of any of the
B. In addition to other measures provided _ _ . ..
for violation of this chapter, or any of the laws of Code:
the State of Oregon, police officers and authorized
. . • . - .. - a. Chapter 7.20, Offenses
_ .. - . . Against Persons;
any law regarding controlled substances, or
engages in conduct that: b. Chapter 7.21, Offenses
Against Property;
1. Is classified as a felony,
misdemeanor, or violation under the following c. Chapter 7.28, Obstructing Law
chapters of the Oregon Revised Statutes, or is an Enforcement;
7-58-3 Code Update: 3/12
Exhibit A
TIGARD MUNICIPAL CODE
d. Chapter 7.32, Offenses and safety, or a serious disturbance that is
Against Public Order; preventing other people from enjoying city
e. Chapter 7.36,Minors; property, the person may be excluded from that
city property for a period of 21 hours only. If a
f. Chapter 7.38, Truancy; person receives two 24 hour exclusions under this
g. Title 6,Nuisance Violations; .. . . ,
any further exclusion the person receives under
h. Chapter 7.52, Public Property ..
Use; days:
i. Chapter 7.56, Indecent C . No person shall may enter or remain in
Conduct; any city property at any time during which there is
in effect a for which a notice of exclusion has
j. Chapter 7.70, Secondhand been issued during the time stated in the exclusion
Dealers and Transient Merchants; under this chapter excluding that person from all
city properties. A person who knowingly violates
k. Chapter 7.80, Camping an order of exclusion from city property commits
Prohibited in Certain Places. the crime of criminal trespass in the second degree
(ORS 164.245).
BG. Nothing in the City of Tigard Municipal
Code shall may be construed to authorize the DG. Except for an exclusion issued for
exclusion of any person lawfully exercising free criminal conduct, gbefore issuing an exclusion
speech rights or any other rights protected by the under this chapter, a police officer
state or federal constitutions. However, a person employee shall must first give the person a
engaged in such protected activity who commits warning and reasonable opportunity to desist from
acts that are not protected, but which violate the violation. An exclusion shall will not be issued
applicable provisions or law, may be subject to if the person promptly complies with the warning
exclusion. and desists from the violation. Notwithstanding
the provisions of this subsection,no warning shall
be required if the person is to be excluded for
. ! .. . -- . . . . - .. committing any act:
has been excluded from city property at any time
within one year before the date of the present 1. Punishable as a misdemeanor or
exclusion, the exclusion shall be for 90 days. If felony;
the person to be excluded has previously been
2. Involving controlled substances;
occasions within one year before the date on the
present exclusion, the exclusion shall be for 180 3. Which resulted in an injury to any
days: person;
E. If the person's behavior does not rise to 4. Which resulted in damage to any
the level of behavior described in subsections B.1 property; or
through B.4 of this section, but is causing either a
significant and immediate threat to public health 5. City of Tigard chapter violation.
7-58-4 Code Update: 3/12
Exhibit A
TIGARD MUNICIPAL CODE
the municipal court judge or hearings officer
EH. Written notice shall will be given to any specifies a later effective date.
person excluded from any city property under this
chapter. The notice shall will specify the date, 2. If a person is issued a subsequent
length,. and place of the exclusion; exclusion while a previous exclusion is stayed
pending appeal, . . '. . _ • ..
contain and a brief description of the offending a court stay the exclusion, the stayed exclusion
conduct. It shall be signed by tThe issuing police shall will be counted in determining the
officer must sign the appropriate length of the subsequent exclusion. If
notice. The notice will also document any the predicate exclusion is set aside,the term of the
warnings given to the person as well as subsequent exclusion shall will be reduced, as if
information on the process to appeal the the predicated exclusion had not been issued. If
exclusion. ••_ . _.• . . • - . .' .. multiple exclusions issued to a single person for
. - • •-• . . . : . • .- city property are simultaneously stayed pending
• . - appeal, the effective periods of those which are
and appeal proccss shall be included with the affirmed shall will run consecutively.
notice. (Ord. 12-02 §3)
B. Hearing Procedures.
7.58.100 Right to Appeal
1. When a timely request for a hearing
A. A person receiving notice of exclusion is made, a hearing shall be held before the City of
from city property may request a hearing before Tigard municipal court judge, or hearings officer
the City of Tigard municipal court judges
hearings officer appointed by the city manager to
have the exclusion rescinded or the period 12. The A hearing shall will be set and
shortened. Written notice of the appeal must be conducted within€ve 10 business days of receipt
filed with the Tigard municipal court of the a timely request to appeal, excluding
within 10 business days of receipt of the exclusion holidays, Saturdays and Sundays. The hearing
notice. When the city manager municipal court may be scheduled for a later date if the person
receives a notice of appeal, the excluded so requests,but in any case,no later than
designee shall municipal court will promptly 15 five additional business days from the original
notify the Tigard Police records section of the request.
notice to appeal. Failure to file written notice of
appeal within 10 business days will be deemed a 23. At the hearing,the person excluded
waiver-ef-further-aet-ien, may contest the validity of the exclusion and may
present evidence.
1. If an appeal of the exclusion is
timely filed, the effectiveness of the exclusion 34. At the hearing, on--an--meal the
shall will be stayed, pending the outcome of the city shall-have has the burden of proving by a
appeal. If the exclusion is affirmed, the remaining preponderance of the evidence the validity of the
period of exclusion shall will be effective exclusion. The city may present evidence either
immediately upon the issuance of the municipal by testimony or written report of the officer. If the
eeurt judge , unless city's evidence is presented only by written report
and the judge or hea..:ngs officer
7-58-5 Code Update:3/12
Exhibit A
TIGARD MUNICIPAL CODE
cannot resolve a question by information B. In exercising discretion under this
contained in the officer's report, the hearing may subsection, the judge will city manager or
be held open for a reasonable time to complete the designee shall consider the seriousness of the
record. violation for which the person has been excluded,
the particular need of the person to be on city
45. The judge will uphold the property during some or all of the period of
exclusion if the judge finds, by a preponderance exclusion, such as for work or to attend or
of the evidence, that the person excluded violated participate in a particular event (without regard to
TMC 7.58.080. If the municipal court judge or the content of any speech associated with that
hearings officer finds by a preponderance of the event), and any other criterion the judge city
evidence that each element necessary to issue the manager or designee determines to be relevant to
exclusion notice has been proven, and if the the determination of whether or not to grant a
exclusion is otherwise in accordance with law, the waiver. :• • . • _ - _ . _ . . . .' . - ,
municipal court judge or hearings officer shall the exclusion will be included for purposes of
uphold the exclusion. . . . .- . .. .. . - - . - .
56. If the municipal court judge er
hearings officer finds that the city has not met its C. The decision of the judge is final. The
burden of proof, or that the exclusion is otherwise decision of the city manager or designee to grant
unlawful, then the municipal court judge Of
hearings officer shall will enter an order to the sole discretion of the city manager or
rescinding the exclusion. If the municipal court designee, and is not subject to appeal or review.
judge or hearings officer finds that the city has (Ord. 08-18) •
met its burden of proof, but that the length of the
exclusion is unreasonable under the
circumstances, the municipal court judge or
hearings officer may issue an order shortening the
length of the exclusion.
67. The decision of the
judge or hearings officer is final.
7.58.110 Variances
A. At any time within the period of
exclusion, a person receiving a notice of exclusion
may apply in writing to the Tigard municipal
court city manager or designee for a waiver of
some or all of the effects of the exclusion. The
application must show good cause for waiver
requested. If the city manager or designee judge
grants a waiver,the city manager or designee shall
the court will promptly notify the Tigard Police
Department records section of such action.
7-58-6 Code Update: 3/12