Chapter 10.20
GENERAL REGULATIONS

Sections:

10.20.010    Duties of drivers and witnesses at accidents.

10.20.020    Vehicles in motion – Right-of-way.

10.20.030    Driving on divided streets.

10.20.040    Emerging from vehicle.

10.20.050    Boarding or alighting from vehicles.

10.20.060    Riding on motorcycles.

10.20.070    Unlawful riding.

10.20.080    Clinging to vehicles.

10.20.090    Use of roller skates restricted.

10.20.100    Play streets.

10.20.110    Prohibited trucking streets.

10.20.120    Oversize vehicles – Permits.

10.20.130    Damaging sidewalks and curbs.

10.20.140    Obstructing streets.

10.20.145    Unlawful transfer.

10.20.150    Removing glass and debris.

10.20.010 Duties of drivers and witnesses at accidents.

A. The driver of any vehicle involved in an accident which results in injury or death to any person or causes damage to a vehicle which is driven or attended by any person, immediately shall stop such vehicle at the scene of the accident, or as close thereto as possible, and shall remain at the scene of the accident until he has fulfilled the requirements of subsection (B) of this section. Every such stop shall be made without obstructing traffic more than is necessary.

B. The drivers of any vehicles involved in any accident resulting in injury or death to any person or damages to any such vehicles shall:

1. Give to the other driver or surviving passenger, or any person not a passenger injured as a result of such accident, his name, address and the registration number of the vehicle which he is driving, and the name and address of any other occupants of such vehicle.

2. Upon request and if available, exhibit and give the number of his operator’s or chauffeur’s license to the persons injured, or to the occupant of or person attending any vehicle damaged.

3. Render to any person injured in such accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by any injured person.

C. Any witness to the accident shall furnish to the driver or occupant of such vehicles or injured person his true name and address. [Ord. 61-O-157 § 28.]

10.20.020 Vehicles in motion – Right-of-way.

A vehicle which has stopped or parked at the curb shall yield to moving traffic. [Ord. 61-O-157 § 29.]

10.20.030 Driving on divided streets.

Whenever any street has been divided into two roadways by a marked intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space provided for vehicle movement or at any intersection. [Ord. 61-O-157 § 31.]

10.20.040 Emerging from vehicle.

No person shall open the door of, or enter, or emerge from, any vehicle into the path of any approaching vehicle. [Ord. 61-O-157 § 32.]

10.20.050 Boarding or alighting from vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion. [Ord. 61-O-157 § 33.]

10.20.060 Riding on motorcycles.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is equipped to carry more than one person. [Ord. 61-O-157 § 34.]

10.20.070 Unlawful riding.

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies in space intended for merchandise. [Ord. 61-O-157 § 35.]

10.20.080 Clinging to vehicles.

No person riding upon any bicycle, motorcycle, coaster, roller skates, sled, or any toy vehicle shall attach the same or himself to any moving vehicle upon the streets. [Ord. 61-O-157 § 36.]

10.20.090 Use of roller skates restricted.

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any street except a play street, or except to cross at a crosswalk. [Ord. 61-O-157 § 37.]

10.20.100 Play streets.

No person shall drive a vehicle upon a street during the hours when it has been designated and is being used as a play street except drivers having business on such street or whose residences are along such street, and then such driver shall exercise the greatest care in driving on such street. [Ord. 61-O-157 § 38.]

10.20.110 Prohibited trucking streets.

When the use of certain streets is prohibited to all trucks or those exceeding a specified weight, no person shall operate a truck on such streets contrary to such prohibition, except for the purpose of delivering or picking up materials or merchandise, but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route. [Ord. 61-O-157 § 39.]

10.20.120 Oversize vehicles – Permits.

When written application is made therefor, the council, in accordance with applicable provisions of the motor vehicle laws of Oregon, may grant permits for the use of the streets by vehicles, combination of vehicles or other property, which are prohibited by state law from using the streets because of excessive weight, length, or width; and the council may set out in such permit such conditions, regulations, and restrictions as the public interest may require, and which will be sufficient to prevent injury or damage to streets, sidewalks, and all other improvements or private property and to protect the public. Such permit may be cancelled at any time by the council upon satisfactory proof that the permittee has violated any of the terms of the permit, or when in the judgment of the council the public interest requires cancellation. [Ord. 61-O-157 § 40.]

10.20.130 Damaging sidewalks and curbs.

A. The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent or temporary driveway.

B. A temporary driveway may be used only after first obtaining a written permit therefor from the council which may impose such requirements as are necessary to protect the public improvements within the street at the temporary driveway.

C. Any person who damages or causes to be damaged any public improvement within the street by driving a vehicle upon or within any sidewalk or parkway area shall be liable for such damage regardless of whether or not the damage resulted from the authorized use of a temporary driveway. [Ord. 61-O-157 § 42.]

10.20.140 Obstructing streets.

Except as provided by this title or any other ordinance of the city, no person shall place, park, deposit, or leave upon any street or other public way, sidewalk, or curb any article or thing or material which in any way prevents, interrupts, or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver’s view of traffic, control signs, and signals. [Ord. 61-O-157 § 43.]

10.20.145 Unlawful transfer.

A. Purpose. The city council deems it advisable, and in the city’s best interest, to provide for the safety of the community by adopting regulations regarding unlawful transfer on highways, roads and streets within the city’s jurisdiction.

B. A person commits the offense of unlawful transfer if the person:

1. While a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city of Brookings, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of, any item of property to a pedestrian; or

2. While a pedestrian, accepts, receives or retains possession or control of any item of property from a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city of Brookings.

3. This subsection does not apply if the vehicle is legally parked. This subsection also does not apply to persons participating in a “pedestrian activity,” as defined in OAR 734 Division 58, for which a permit has been issued by the Oregon Department of Transportation, so long as all terms of such permit are being met.

C. Penalties. Any violation of the provisions of this section constitutes a violation of Brookings Municipal Code and subject to Chapter 1.05 BMC, General Penalty.

D. Severance. If any section, subsection, sentence, clause, or phrase of the ordinance codified in this section is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of the ordinance codified in this section. [Ord. 16-O-754 § 3.]

10.20.150 Removing glass and debris.

Any party to a collision or other vehicle accident or any other person causing glass or other material or substance likely to injure any person, animal, or vehicle to be upon any street in this city shall as soon as possible remove or cause to be removed from such street all such glass or other material or substance. [Ord. 61-O-157 § 44.]