Chapter 10.05
PARKING
Sections:
10.05.010 Short title.
10.05.020 Purpose.
10.05.030 Definitions.
10.05.040 Compliance required.
10.05.050 Prohibitions.
10.05.060 Exceptions.
10.05.070 Enforcement.
10.05.080 Impoundment of vehicles.
10.05.090 Penalties.
10.05.010 Short title.
This chapter shall be known as the Marion County parking ordinance and shall be so cited and pleaded. [Ord. 748 § 1, 1987.]
10.05.020 Purpose.
Marion County owns, leases and uses property for county operations and also has parking facilities that are used by employees, volunteers, contractors, those doing business with the county, and members of the public. This chapter is intended to ensure the efficient functioning of county operations, the appropriate use of county property and the accessibility of county buildings and services. This chapter establishes a comprehensive parking framework and enforcement process for county property. [Ord. 1331 § 2(1), 2013.]
10.05.030 Definitions.
A. “County-owned property” means areas owned or controlled by the county whether through ownership, lease, or other interest. For the purposes of this chapter, the term “county-owned property” does not include county parks or roads but does include the parking garage and north block of the Courthouse Square complex at 555 Court Street, N.E., Salem, Oregon.
B. “County employee” includes a Marion County elected official and the Marion County district attorney.
C. “Park” means to stop or cause to remain stopped any vehicle other than momentary stops for the expeditious loading or unloading of passengers.
D. “Parking control device” means any sign, standard, painted area, marking, or any device, inscription, or designation giving notice of, delineating, controlling or restricting parking on a parking facility.
E. “Parking facility” means any property used for vehicle parking but not including roads.
F. “Road” means any public highway, road or street within Marion County. As used in this chapter, “road” does not include private streets.
G. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon any street or highway except devices moved exclusively by human power. [Ord. 1331 § 2(2), 2013.]
10.05.040 Compliance required.
A. It shall be unlawful for a person to park a vehicle contrary to the parking regulations outlined in this chapter, whether the vehicle is attended or unattended, except when in compliance with the directions of a police officer.
B. The owner of a vehicle parked in violation of this chapter shall be responsible for the violation, except where the use of the vehicle was secured by the operator without the owner’s consent. In an enforcement proceeding against the vehicle owner, proof that at the time of the alleged violation, the vehicle was registered with the appropriate motor vehicle licensing authority as belonging to the defendant shall raise a rebuttable presumption that the defendant was the owner in fact.
C. The Marion County business services director is authorized to designate the location and type of county parking facilities through the use of appropriate parking control devices so that county operations can run efficiently and county services can be provided effectively. The business services director shall work with county departments when performing these functions. The business services director is also authorized to issue permits that allow a person to park a vehicle on a county parking facility in a location where parking is only allowed with a valid permit. [Ord. 1331 § 2(3), 2013.]
10.05.050 Prohibitions.
A. County Property.
1. A person may not park a vehicle on county-owned property without express written permission from the county.
B. County Parking Facility.
1. A person may not park a vehicle on a county parking facility contrary to any parking control device displayed in plain view.
2. A person may not park a vehicle on a county-owned parking facility for more than 48 continuous hours without express written permission from the county. This provision does not apply to county-owned or leased vehicles, or to employee vehicles otherwise parked in compliance with this chapter.
3. A person may not park a vehicle on a county-owned parking facility if that vehicle creates a hazardous condition or blocks access to or from the parking facility.
4. A person may not park a vehicle on a county parking facility that requires the display of a permit if the person is an authorized permit-holder in good standing, but has failed to display the parking permit.
5. A person may not drive a vehicle in excess of 10 miles per hour on a county parking facility. [Ord. 1331 § 2(4), 2013.]
10.05.060 Exceptions.
A. The provisions of this chapter do not apply to police, fire or other authorized emergency vehicles when responding to a call for emergency services.
B. The provisions of this chapter do not apply to vehicles used by emergency management personnel when acting in an authorized emergency management capacity.
C. The provisions of this chapter do not apply to the parking or operation of vehicles on any road in Marion County or in a county park as that term is defined in MCC 12.05.030. [Ord. 1331 § 2(5), 2013.]
10.05.070 Enforcement.
This chapter will be enforced through the Marion County enforcement ordinance. A Marion County sheriff’s deputy or a Marion County code enforcement officer shall have the authority to enforce this chapter. Only a Marion County sheriff’s deputy has the authority to direct the impoundment of a vehicle pursuant to this chapter. [Ord. 1331 § 2(6), 2013.]
10.05.080 Impoundment of vehicles.
A. The following vehicles may be impounded:
1. Any vehicle that is parked on county-owned property without express written permission from the county.
2. Any vehicle that is parked on a county parking facility that creates a hazard or that blocks access to or from the parking facility.
3. Any vehicle that has been parked on a county-owned parking facility for more than 48 continuous hours without express written permission from the county. This provision does not apply to county-owned or leased vehicles, or to county employee vehicles otherwise parked in compliance with this chapter.
4. Any vehicle that has been parked on a county parking facility if the driver, owner, or person in charge of the vehicle has bails, fines, or bail forfeitures totaling at least $200.00 for violations of this chapter and that have been outstanding for more than 30 days.
B. If a vehicle is impounded under this section, the provisions in ORS Chapter 819 relating to notice, right to a hearing, appraisal of value, lien, and right to reclaim the vehicle shall apply as if the impounded vehicle constituted a hazard or obstruction. If the vehicle is not redeemed within 30 days, it will be disposed of as prescribed in ORS Chapter 819.
C. The county may contract the services of one or more competent towing service companies for the removal and storage of motor vehicles.
D. For any vehicle impounded under this section, the Marion County sheriff’s office will follow its vehicle inventory procedures as set forth in the Marion County sheriff’s office policy on towing, storage and release of vehicles. [Ord. 1331 § 2(7), 2013.]
10.05.090 Penalties.
Violation of any provision of this chapter is a Class D violation subject to a maximum fine amount of $90.00. Each violation of this chapter shall constitute a separate violation. [Ord. 1331 § 2(7), 2013.]