Tigard amends code to permit temporary pods, containers in right of way with city‑engineer oversight

The Tigard City Council on a unanimous vote adopted Ordinance No. 25‑04, amending Tigard Municipal Code Chapter 15.16 to create a clearer permitting process for temporary encroachments such as dumpsters, shipping containers and construction materials placed in the public right of way.

City Engineer Wisniewski told the council the change is intended to address recurring uses of the right of way tied to growth and construction that the existing, broader encroachment language did not clearly regulate. The revised code will allow staff to establish a temporary encroachment permit, set minimum safety standards and decline requests that create traffic or pedestrian safety risks.

The ordinance defines the permitting approach as application‑driven; staff said the application will require applicants to demonstrate the right of way is a last resort for placement. Wisniewski said the application will include a guideline of about seven days as a typical duration for a delivered shipping container but that the final length can be adjusted case by case through the permit.

Councilor Shaw proposed, and the council adopted, an on‑floor amendment to the standards of approval to add the phrase "unless otherwise permitted by the city engineer" to the list of parking‑restricted areas where an encroachment may not normally be placed. The amendment preserves engineer discretion to allow placement on narrow streets or other constrained sites when safe and appropriate.

Wisniewski said staff also studied practices from other jurisdictions and plans limited outreach to the larger national container/pod companies; he cautioned staff cannot guarantee reaching every out‑of‑area provider. The staff presentation referenced minimum equipment and conspicuity requirements such as traffic cones and reflective tape as conditions that would be required for many permits.

Council members asked about penalties, fees and enforcement. Wisniewski said the code links failure to obtain a permit or comply with permit terms to civil infractions under Chapter 1.16; the ordinance does not list specific fine amounts in the hearing, and staff said they would rely on existing fee schedules for temporary and permanent encroachments. Councilors also asked staff to notify known pod companies and stressed that code enforcement typically proceeds through education and complaint‑driven investigations before abatement is considered.

The ordinance as adopted includes the amendment to Section A.8 and will be enforced by the city’s engineering and code enforcement staff. The roll call recorded unanimous approval by the council.

Votes at a glance: Ordinance No. 25‑04 — adopted unanimously (adopted as amended to insert "unless otherwise permitted by the city engineer").