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Ordinance No. 19-20 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19-?0 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.52 REGARDING PARK PROPERTY USE WHEREAS, Tigard Municipal Code (TMC) Chapter 7.52 was first adopted in 1971 and numerous provisions have not been amended or updated since then;and WHEREAS,the proposed amendments clarify that this chapter applies in parks and public areas,but not to City rights-of-way;and WHEREAS,TMC 7.58 governs rules of conduct on City property,including parks,so the proposed amendments remove redundant regulations in TMC 7.52;and WHEREAS,though prohibitions against camping on all City property have been held to be unconstitutional,the Ninth Circuit's opinion in Martin v. City of Boise did state that prohibiting camping in particular locations may be permissible;and WHEREAS, sensitive land regulations are intended to maintain the integrity of the rivers, streams,and creeks in Tigard by minimizing erosion,promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats;and WHEREAS, sensitive land regulations implement the comprehensive plan and the City's floodplain management program as required by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program, to help to preserve sensitive land areas from encroaching use;and WHEREAS, sensitive land regulations protect the beneficial water uses and functions and values of resources within water quality and flood management areas to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor protections of the Goal 5 administrative rule pertaining to wetland and riparian corridors;and WHEREAS,camping in sensitive lands and floodplains negatively impacts soil,water quality,vegetation, and wildlife habitat;and WHEREAS, Tigard streams rise quickly and without warning during rain events, placing camps at risk of flood damage and individuals at risk of drowning;and WHEREAS,Tigard City Council finds that the amendments to TMC 7.52 are in the best interest of the public and protect the public health, safety,and welfare of the community. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 7.52 is amended as shown on the attached Exhibit A (additional language is underlined and deleted text is shown in strikethretigh). ORDINANCE No. 19-oq 0 Page 1 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 I?t 4 i.4— vote of all council members present after being read by number and title only,this Va day of ,O y ,2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 3 rd-day of1) (/Miet,- ,2019. Ja . Snider,Mayor Approved as to form: isy,-..,,,,C__ City Attorney Pg." 3 1 I'''t Date ORDINANCE No. 19-JO Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 7.52 PUBLIC PARK PROPERTY Leeation USE 7.52.225 Parks Smoking Prohibited 7.52.230 Permit Required Sections: . -.- ! ' • ••• - • . • • •' 1 P . .. . . 7.52.010 Policy of City Council and-Regulations 7.52.030 Use Regulations Regulations 7.52.270 Motor Vehicles Truffle Prescribed by Council Regulations 7.52.050 Closures Prohibited . .! : ! . . . . 7.52.290 Signs,Lights,Call Boxes, 5270•70--Damage—Payment-for 14ydrants-infury-Prohibited . Restoration 7.52.300 Penalty for Violation 7.52.080 Concessions and Sales Parks Sales ..,,a Services f r Hire 7.52.010 Policy of City Council Restricted 7.52.090 Display or Posting Materials The city council, except as otherwise expressly provided, declares its intention to exercise general Deco Devices Forbidden supervision, management and control of all public 7.52.100 Alcoholic Beverages in Parks parks, public parkways, public squares, trails,publie 7.52.110 Refuse and Trash Prohibitions grounds, including, but not restricted to streets, boulevards, paths, sidewalks, greenways, rest areas, Prohibited playgrounds and other recreation areas, hereinafter 7.52.120 Destruction of Property Parks collectively referred to as "public parks areas" whether publicly or privately owned, dedicated, 7.52.130 Parks Gambling Prohibited leased or otherwise set aside for public use and not 7.52.140 Parks Firearms or Fireworks under the supervision or control of any other public Prohibited agency, and the council declares its intention to 7.52.150 Animal, Bird, and Fish prescribe rules and regulations as herein set forth or Prohibitions Parks Molesting from time to time as necessary with respect to such public areas. Prohibited 7.52.170 Parks Fishing and Bathing For purposes of this chapter, "park" is defined Restrictions as an open space or recreational property owned or 7.52.180 Camping in Sensitive Areas maintained by the eity and open to the public. Parks Notice Mutilation Prohibited All public parks areas as herein designated for ▪ • •• . ' . : • . general public use shall be kept and maintained for the use and benefit of the public, subject to such • ! ! I ; . • . _ . . • reasonable and necessary rules and regulations as herein prescribed or as may be from time to time 7.52.210 Parks No Admittance Areas adopted to protect and preserve the enjoyment, 7.52.220 7-52-1 Code Update: 6/17 Exhibit A TIGARD MUNICIPAL CODE convenience and safety of the general public in the :• •• = : :':•use thereof. (Ord. 16-03 §1; Ord. 71-12 §1) public works or the police department. (Ord. 71 12 1 ! . . - 7.52.050 Closures The city manager is authorized to make such reasonable rules and regulations not inconsistent No person may shall ride, drive or walk on such with this and other city ordinances and the policies parts or portions of the parks or pavements as may of the council as herein enunciated, as may be be closed to public travel, or interfere with barriers necessary for the control and management of the erected against the public. (Ord. 71-12 §3) public areas hereinabove designated. All such rules the extent deemed necessary by the city manager, shall be posted in conspicuous places in the areas No one shall sleep on the seats or benches, or affected thereby, for the guidance of the general use loud, boisterous, threatening, abusive, insulting public and individual users. or indecent language, or behave in a disorderly manner, or do any act tending to a br ach of the If any person feels aggrieved by any such rule public peace. (Ord. 71-12 §3) or regulation,he or she may appeal to the council by filing with the city recorder a remonstrance against 7.52.070 Damage Payment for such rule or regulation, which shall be placed on the Restoration agenda of the council at its next regular meeting, and until amended or repealed by the council such rule A. Owners or persons in control of,or persons or regulation shall remain in full force and effect. who permit the entry of any dog, horse or other (Ord. 03-08; Ord. 71-12 §2) - ••• - - city, in addition to any penalties imposed by this 7.52.030 chapter for violation hereof, shall be held liable for, Couneil-Use Regulations and shall pay to the city, the full value of repair or restoration of any public property damaged or The purpose of this chapter is to provide for destroyed, and if not paid upon demand by the city, equal access to all public parks and to ensure that - . . . .• - - • • *:- persons persons use public lands and public facilities for in the name of the city in any court of competent their intended purpose. Conduct on city property is jurisdiction. also governed by TMC 7.58. The council finds that it is in the public interest and necessary for the B. Any person who shall utilize the public peace, health and safety of the general public that the areas herein described and who shall damage or rules and regulations set forth in this chapter be ••• -- - -' - - - -- enforced, and for the purposes herein set forth arc city, in addition to any penalties imposed by this adopted.(Ord. 71-12 §3) .. - . . -- -- . : -- . •.. - and shall pay to the city, the full value of repair or -,!. ! • _,• . . • • . . • •• . restoration of any public property damaged or Nothing contained herein shall prevent the performance of any act or duty by city employees 7-52-2 Code Update: 6/17 Exhibit A TIGARD MUNICIPAL CODE in the name of the city in any coul of competent 7.52.100 Alcoholic Beverages�.=mks jurisdiction.. (Ord. 71- 12 §3) A. For purposes of this section: 7.52.080 Concessions and Sales Parks 1. "Alcoholic beverage" means any plated liquid containing any form of alcohol, including but not limited to malt and fermented beverages, A. It is unlawful for any person to No person whether licensed for sale in the state or not. may sell or offer for sale any food, beverage, or any other retail item except in conjunction with an 2. "Person's own use" means for use by approved special event permit, facility rental, or as the person as well as use by any person attending the otherwise allowed by the public works director. same social event. As used in this definition, . _ - . •- . - S - . . . - .- - "person" means a person of legal age to possess or drink alcoholic beverages. • . • B. Except as provided in this section, it—is unlawful—for—any no person to may take into or B. Payment of the Tigard city business tax is possess any alcoholic beverage in a city park other -: .' : . " ... . . -• -•-' . (Ord. 03-08; than for the person's own use. No intoxicated person Ord. 92-33 §1; Ord. 71-12 §3) shall may enter or remain in any city park. The sale of beer or wine in city parks slime is allowed only 7.52.090 Parks Advertising and pursuant to a permit issued by the city ... •. . .. •_ _ . , and any such Display or Posting Materials sale must comply with all applicable state liquor laws and permitting requirements. No other No person may place a display or post written alcoholic beverages may be sold in city parks. The material within a park unless such display is limited use and sale of alcoholic beverages allowed authorized by a sign permit or associated with an by this subsection does not apply to the parks listed approved special event pursuant to TMC 7.48. 14-is in subsection C of this section. unlawful for any person to place or carry any C. It is unlawful to No person may sell, . - , - - -- . - ,. - - -- purchase, or consume any alcoholic beverage in any - - . . . •-•, . , .. - , _• -, .- existing or future city park located within the city's or cord to any tree, shrub, fence, railing, fountain, urban renewal districts without a city permit. The wall, post or structure, or place any advertising, sale and consumption of alcoholic beverages in existing or future parks in urban renewal districts any of the vases, statues, bridges or monuments in may be allowed only pursuant to a permit issued by . ,:. ; - :, . - - - . _ • . . . the city manager or his or her designee on written permit allow the erection of temporary -. -- .. - -- =- - - '- , and any such - .__. _ _ . . •. sale or use must comply with all applicable state Vis.(Ord. 03-08; Ord.71-12 §3) liquor laws and permitting requirements. D. Failing to comply with any provision of this section shall be is a violation. The civil penalty 7-52-3 Code Update: 6/17 Exhibit A TIGARD MUNICIPAL CODE for violation of this section shell may not exceed $600 for the first violation, and $1,000 for subsequent violations within 12 months 7.52.130 arks Gambling Prohibited of a previous violation of this section. • - No person may E. All alcoholic beverages and alcoholic play any game of chance or to carry on betting of beverage containers brought into, possessed, or any kind within the park boundaries, except as otherwise present in a park in violation of this allowed by state law.(Ord. 71-12 §3) section are contraband and may be disposed of or retained as evidence by the city. (Ord. 17-06; Ord. 7.52.140 Pam—Firearms or Fireworks 07-14; Ord. 06-08; Ord. 03-08; Ord. 84-48 §1; Ord. Prohibited 71-12 §3) • - - . . No person may 7.52.110 use firearms, firecrackers, fireworks, torpedoes–or Prohibited-Refuse and Trash explosives of any kind in arty park, including air Prohibitions guns, bb guns, or bows and arrows. (Ord. 82-62 §2; Ord. 71-12 §3) No person may deposit, dump, place, or leave any garbage or refuse in a park except garbage or 7.52.150 ,Birds refuse resulting from use of the park and deposited Animal,Bird, in an appropriate refuse receptacle. it is unlaw f l f r and Fish Prohibitions any park by misuse of refuse containers or by No person may hunt, harm, frighten, kill, trap, placing any straw, dirt, chips, paper, shavings, or chase any bird, fish, or animal, except as shells, ashes, swill or garbage, or other rubbish, or authorized by the Public Works Director. It is refuse or debris, in or upon any park, except in . . - • -- - - • - -. •. _ . . - .. stone or missile of any kind to the destruction, any park. (Ord. 82-62 §1; Ord. 71-12 §3) •- - - • • , - 7.52.120 It is unlawful for any person to give,or offer,or Destruction of Property • -. • - _ - • • • - • -- •• , No person may damage or destroy any park _ _ - - - • - - - tree, shrub, plant, structure, or appurtenance. It is ... .. : .- -•-. (Ord. 71-12 §3) unlawful for any person to remove, destroy, break, 7.52.170 Parks Fishing and Bathing monument, statue, vase, fountain, wall, fence, Restrictions railing, vehicle, bench, tree, shrub, fern, plant, -- . .. - •• .. ... ... --. . . ' - It : nlaw fu f , No person to may fish, (Ord. 99-31; Ord. 71- wade, swim or bathe in any ef-the parks except in 12 §3) the places designated by regulation for such purposes. .- . .. - .. . ' . •- 7-52-4 Code Update: 6/17 Exhibit A TIGARD MUNICIPAL CODE 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 No person shall enter any building, enclosure, or place within any of the parks upon which the age limit as posted to fish in any such waters of a . " .. •- ., --" : - .• - : -• .. -city park. (Ord. 03-08; Ord. 71- 12 §3) b-'sign,place~a,or otherwise. (Ord. 71-12 §3) 7.52.180 Camping in Sensitive Areas . . ! - _ Parks Notice Mutilation Leeation Prohibited No swings or hammocks shall be hung or swung in any of The parks, except on the posts No persons may camp in any environmentallyerected f r the purpose. (Ord. 71-12 §3) sensitive area, as defined by the Tigard Community Development Code. For purposes of this chapter. to 7.52.225 Parks—Smoking Prohibited camp means to establish or maintain a temporary place to live. A. Smoking is prohibited in all parks. It-is It is unlawful for any person to injure, deface or unlawful fer any person to smoke in any—pafle - _ "Smokingle-mule" means inhaling, exhaling, or possessing any lighted or burning cigar, cigarette, . : -• . _. . . . . ---•- • pipe, weed, plant, or other substance grown, of the city manager. (Ord. 03-08; Ord. 71-12 §3) manufactured, or processed which is intended to be used for smoking in any form. "SmokingTe-smeke" 7.52.190 Parks Animals Running-at also means inhaling, exhaling, or possessing an electronic cigarette or a similar device intended to emulate smoking. Inside parks, domesticated animals must be on a leash at all times except in designated off-leash B. Failing to comply with this section shall be areas, as authorized under the Americans with is a violation. The civil penalty for violation of this Disabilities Act, or specifically authorized by the section shall may not exceed $100 for the first city. It is unlawful for the owner, possessor or violation, and shall-net-exceed $500 for subsequent violations within 12 months of a previous violation at large in any park, and, if such animal is found in of this section. Each violation of this section shall , ' ... •. .(Ord. 71-12 §3) constitutes a separate offense. (Ord. 16-03 §1) -! ! _ • . _ 7.52.230 Permit Required Entrance-Required Use of the public areas herein described for . ., . -- - . -. - • :. - - : . organized group picnics, political or religious gatherings, or groups consisting of more than 25 remain in the parks after the hours fixed by persons in attendance at any one time, is unlawful (Ord. 71-12 §3) - 7-52-5 Code Update: 6/17 Exhibit A TIGARD MUNICIPAL CODE approval of the city manager or city recorder. (Ord. her duties, or whistle, dance, sing, skate, swear, or 03-08; Ord. 82-62 §3; Ord. 71-12 §3) use obscene, loud or boisterous language within any public convenience station, or at or near the entrance • -•- ! I • .. _ • . • ► •. .' • thereof. Any person claiming to have a permit from the C. It is unlawful for any person to cut, deface, mar, destroy, break, remove or write on or scratch request of the department of public works or the any wall, floor, ceiling,partition, fixture or furniture, (Ord. 71-12 §3) or use towels in any improper manner, or waste soap, toilet paper, or any of the facilities provided in • ! .. • _ . .•- • . e : •- - -- - (Ord. 71-12 §3) 7.52.270 Motor Vehicles Traffic All permits issued by the city shall be subject to Res the city's ordinances. The persons to whom such permits are issued shall be bound by the rules, The use of motorized vehicles on park property regulations and ordinances as fully as though the is restricted to roadways and parking lots designated . - - - - for the purpose, unless otherwise authorized by the persons to whom such permits shall be issued shall city. be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of A. Except as may be otherwise specifically the person or persons to whom such permit shall be prescribed in this chapter or other city ordinances, issued, as well as for any breach of such rules, the Motor Vehicle Code of 1970 of the City of regulations and ordinances, to the person or persons - so suffering damages or injury. (Ord. 71-12 §3) and effect in all public areas described in this chapter. . _ • B. The following regulations arc made A. It is unlawful for any person to blow, applicable to public areas within the city and subject spread or place any nasal or other bodily discharge, to the city's control: or spit, urinate or defecate on the floors, walls, 1. No one shall ride or drive any bicycle, motorcycle, motor vehicle, truck, wagon, horse, or - - any vehicle or animal in any part of the parks except _ .. . . on the regular drives designated therefor; provided, fixture provided for that purpose. Nor shall any that baby carriages and such vehicles as are used in person place any bottle, can, cloth, rag, or metal, the park service are not included in the foregoing wood or stone substance in any of the plumbing fixtures in any such station. 2. No one shall drive any hearse, vehicle B. It is unlawful for any persen to stand or in a funeral procession, market wagon, milk wagon, climb on any closet, closet seat, basin, partition or dirt car, moving van, dray, truck, heavy laden other furniture or fitting, or to loiter about or push, vehicle, or vehicle carrying or ordinarily used in crowd or otherwise act in a disorderly manner, or to carrying merchandise, goods, tools, material or interfere with any attendant in the discharge of his or rubbish, except such as are used in the park service, 7-52-6 Code Update: 6/17 Exhibit A TIGARD MUNICIPAL CODE over any drive or boulevard in any of the parks; It is unlawful for any person to willfully cut, provided, however, the city manager in his remove, deface or in any manner injure or damage discretion may grant admission in writing for _ _ • . , vehicles to carry materials over mark drives or • - -, .. ' - - . .: , . other road, street or way is accessible or passable. placed in any areas. (Ord. 71-12 §3) 3. No one shall hitch horses or other 7.52.300 Penalty for Violation - . • .-.:, • _ •- Violations of this chapter are punishable Any person structure, except such as are provided for such violating any provision of this chapter, upon' purpose, or allow horses or other animals to stand conviction shall be punished, by a fine of not more unhitched while the driver or attendant is beyond than$500. (Ord. 16-03 §1; Ord. 71-12 §4) ■ reach of such horse or other animal. 1. It is unlawful for any person to park any motor vehicle on any park or playground area in the city, except in regularly designated parking 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 fees for towing and storage. 5. It is unlawful for any person to store, boat, trailer, conveyance or other personal property • - - . • .. . ' : . -- . . . (Ord. 03-08; Ord. 71-12 §3) . . . It is unlawful for any person to willfully mark, any public drinking fountain, or throw, place or deposit in any cup or basin of same any cigar stub or cigarette stub, or any other matter or refuse whatever, or obstruct the regular flow of water -- -. . . - . - . (Ord. 71- 12 §3) 7.52.290 Signs,Lights, Call Boxcs, 7-52-7 Code Update: 6/17