Chapter 10.05 UNIFORM TRAFFIC ORDINANCE

Violation of provisions in the Oregon Vehicle Code and the provisions contained in this chapter are an offense, punishable according to provisions established by city and state government. This section does not apply to punishment involving crimes as defined by state statute. [Ord. 90-200-O § 1; Ord. 84-396-O § 2].

10.05.030 Definitions.

In addition to those definitions contained in the Oregon Vehicle Code, the following mean:

“Bus stop” means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.

“Holiday” means New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the council to be a holiday.

“Loading zone” means a space on the edge of a roadway designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days.

“Motor vehicle” means every vehicle that is self-propelled, including tractors, fork-lift trucks, motorcycles, road-building equipment, street cleaning equipment, and any other vehicle capable of moving under its own power, notwithstanding that the vehicle may be exempt from licensing under the motor vehicle laws of Oregon.

“Person” means a natural person, firm, partnership, association or corporation.

“Sidewalk” means as defined in ORS 801.485.

“Street” means a highway, road, street or alley, as defined in ORS 801.305.

“Taxicab stand” means a space on the edge of a roadway designated by sign for use by taxicabs.

“Traffic lane” means that area of roadway used for the movement of a single line of traffic as defined in ORS 801.450.

“Vehicle” means as defined in ORS 801.590, to include livestock. [Ord. 90-200-O §§ 2 – 5; Ord. 84-396-O § 3].

Article II. Administration

10.05.040 Powers of the council.

A. Subject to state laws, the city council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated in this chapter or another ordinance.

B. The powers of the council shall include, but not be limited to:

1. Designation of through streets.

2. Designation of one-way streets.

3. Designation of truck routes.

4. Designation of parking meter zones.

5. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage.

6. Authorization of greater maximum weights or lengths for vehicles using city streets than specified by state law.

7. Initiation of proceedings to change speed zones.

8. Revision of speed limits in parks. [Ord. 84-396-O § 4].

10.05.050 Duties of the city administrator.

The city administrator or the city administrator’s designee shall exercise the following duties:

A. Implement the ordinances, resolutions and motions of the council and his own orders by installing, maintaining, removing and altering traffic control devices. The installation shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways.

B. Establish, remove or alter the following classes of traffic controls:

1. Crosswalks, safety zones, and traffic lanes.

2. Intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies.

3. Parking areas and time limitations, including the form of permissible parking.

4. Traffic control signals.

5. Loading zones and stops for vehicles.

C. Issue oversize or overweight vehicle permits in accordance with Chapter 10.10 RRMC.

D. Temporarily block or close streets. [Ord. 95-251-O § 1; Ord. 84-396-O § 5].

10.05.060 Public danger.

Under conditions constituting a danger to the public, the city administrator or his or her designee may install temporary traffic control devices considered to be necessary. [Ord. 95-251-O § 2; Ord. 84-396-O § 6].

10.05.070 Standards.

The regulations of the city administrator or his or her designee shall be based on:

A. Traffic engineering principles and traffic investigations.

B. Standards, limitations and rules promulgated by the Oregon Transportation Commission.

C. Other recognized traffic control standards. [Ord. 95-251-O § 3; Ord. 84-396-O § 7].

10.05.080 Authority of authorized personnel.

A. It is the duty of police officers to enforce the provisions of this chapter.

B. In the event of a fire or other public emergency, officers of the police and fire departments or any other authorized personnel may direct traffic as conditions require, notwithstanding the provisions of this chapter. [Ord. 07-345-O § 1; Ord. 84-396-O § 8].

Article III. General Regulations

10.05.090 Unlawful riding.

A. No operator shall permit a passenger and no passenger shall ride on a vehicle on a street except on a portion of the vehicle 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 riding within a truck body in space intended for merchandise.

B. No person shall board or alight from a vehicle while the vehicle is in motion on a street. [Ord. 84-396-O § 10].

10.05.100 Unlawful use.

No person shall use the streets for traveling on skis, toboggans, sleds, or any other conveyances found to be unsafe, except where authorized. [Ord. 07-345-O § 3; Ord. 84-396-O § 11].

10.05.110 Damaging sidewalks and curbs.

A. The operator of a motor vehicle shall not drive on a sidewalk or roadside planting strip except to cross at a permanent or temporary driveway.

B. No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway.

C. No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond if required. A person who causes damage shall be held responsible for the cost of repair. [Ord. 84-396-O § 12].

10.05.120 Removing glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass or other debris from the street. [Ord. 84-396-O § 13].

10.05.130 Storage of motor vehicles on streets and public property.

A. No person shall park or store, or permit to be parked or stored, a vehicle on a street or other public property for a period in excess of 72 hours consecutively. Movement of a vehicle on a street or other public property for a distance of less than 300 feet shall constitute continuous and uninterrupted parking or storage in the same location.

B. Failure to move a vehicle for 72 hours constitutes prima facie evidence of storage. In accordance with this section, after 72 hours, each 24-hour period thereafter constitutes a separate offense.

C. Vehicles found to be in violation of this section are subject to tow and impoundment and any fees resulting from this tow and impoundment are the responsibility of the owner, lessor, and/or driver of the vehicle. This section shall not apply to parking or storage specifically permitted by resolution of the council. This remedy is not exclusive of any other provisions as allowed by law. [Ord. 16-394-O § 2; Ord. 07-345-O § 4; Ord. 84-396-O § 14].

Article IV. Parking Regulations

10.05.135 Storage and parking on public streets of trailers and other personal property.

A. In addition to the restriction listed in RRMC 10.05.130, no person shall park, store, or permit to be parked or stored, trailers or other personal property on a street or other public property between the hours of 5:00 p.m. and 6:00 a.m. unless said property is attached to an operable vehicle. As used in this section, personal property does not include motor vehicles but does include such things as fifth wheels, boats, and cargo trailers.

B. If said trailer or other personal property is attached to an operable vehicle, it shall not be parked, stored, or permitted to be parked or stored on a street or other public property for a period in excess of 72 hours consecutively. Movement of a trailer or other personal property on a street or other public property for a distance of less than 300 feet shall constitute continuous and uninterrupted parking or storage in the same location. This section shall not apply to parking or storage specifically permitted by motion or resolution of the council. Trailers or other personal property attached to an operable vehicle and parked or stored on a public street or other public property must be equipped with red reflectors at the rear of the personal property (both sides). [Ord. 16-394-O* § 3].

* Code reviser’s note: Ord. 16-394-O adds the provisions of this section as Section 10.05.140. The section has been editorially renumbered to prevent duplication of numbering.

10.05.140 Method of parking.

A. Where parking spaces markings are placed on a street, no person shall stand or park a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible, within a single marked space.

B. The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to interfere.

C. Whenever the operator of a vehicle discovers that the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless otherwise directed by police or fire officers. [Ord. 16-394-O § 1; Ord. 84-396-O § 15].

10.05.150 Prohibited parking or standing.

No person shall park or stand:

A. A vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign.

B. A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of 30 consecutive minutes.

C. A motor truck as defined by ORS 801.355 on a street between the hours of 9:00 p.m. and 7:00 a.m. of the following day in front of or adjacent to a residence, motel, apartment house, hotel or other sleeping accommodation. [Ord. 91-200-O § 6; Ord. 84-396-O § 16].

10.05.160 Prohibited parking.

No operator shall park and no owner shall allow a vehicle to be parked on a street for the principal purpose of:

A. Displaying the vehicle for sale.

B. Repairing or servicing the vehicle, except repairs necessitated by an emergency.

C. Displaying advertising from the vehicle.

D. Selling merchandise from the vehicle, except when authorized. [Ord. 84-396-O § 17].

10.05.170 Use of loading zone.

No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed 30 minutes. [Ord. 84-396-O § 18].

10.05.180 Unattended vehicles.

When a police officer finds a motor vehicle parked or standing unattended with the ignition key in the vehicle, the officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. [Ord. 84-396-O § 19].

10.05.190 Standing or parking of buses and taxicabs.

The operator of a bus or taxicab shall not stand or park the vehicle on a street in a business district at a place other than a bus stop or taxicab stand, respectively, except that this provision shall not prevent the operator of a taxicab from temporarily stopping the taxicab outside a traffic lane while loading or unloading passengers. [Ord. 84-396-O § 20].

10.05.200 Restricted use of bus and taxicab stands.

No person shall stand or park a vehicle other than a taxicab in a taxicab stand, or a bus in a bus stop, except that the operator of a passenger vehicle may temporarily stop for the purpose of and while actually engaged in loading or unloading passengers when stopping does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. [Ord. 84-396-O § 21].

10.05.210 Lights on parked vehicle.

No lights need be displayed upon a vehicle that is parked in accordance with this chapter on a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle. [Ord. 84-396-O § 22].

10.05.220 Extension of parking time.

Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking. [Ord. 84-396-O § 23].

10.05.230 Exemption.

The provisions of this chapter regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation of delivery of mail. [Ord. 84-396-O § 24].

Article V. Bicycles

10.05.240 Operating rules.

In addition to observing all other applicable provisions of this chapter and state law pertaining to bicycles, a person shall not leave a bicycle, except in a bicycle rack. If no rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles. [Ord. 91-200-O § 7; Ord. 84-396-O § 25].

10.05.250 Impounding of bicycles.

A. No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner of the property.

B. A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department.

C. In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded by the police department.

D. If a bicycle impounded under this chapter is licensed, or other means of determining its ownership exists, the police shall make reasonable efforts to notify the owner.

E. A bicycle impounded under this chapter that remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property.

F. Except as provided in subsection (D) of this section, a fee of $10.00 shall be charged to the owner of a bicycle impounded under this section. [Ord. 91-200-O § 8; Ord. 84-396-O § 26].

Article VI. Pedestrians

10.05.260 Pedestrians must use crosswalks.

No person shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk. [Ord. 84-396-O § 28].

10.05.270 Right angles.

A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. [Ord. 84-396-O § 29].

Article VII. Parades and Processions

10.05.280 Prohibited activity.

No person shall organize or participate in a parade that may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people using the public right-of-way and consisting of 10 or more persons or six or more vehicles. [Ord. 84-396-O § 30].

10.05.290 Parade permit.

A. Application for parade permits shall be made to the chief of police at least 10 days prior to the intended date of the parade, unless the time is waived by him or her.

B. Applications shall include the following information:

1. The name and address of the person responsible for the proposed parade.

2. The date of the proposed parade.

3. The desired route, including assembling points.

4. The number of persons, vehicles and animals that will be participating in the parade and the number of clean-up personnel. It shall be the responsibility of applicants to ensure the parade route is cleaned of any debris after the parade.

5. The proposed starting and ending time.

C. The application shall be signed by the person designated as chairperson.

D. The chief of police shall issue a parade permit conditioned on the applicant’s written agreement to comply with the terms of the permit unless the chief of police finds that:

1. The time, route and size of the parade will disrupt the movement of other traffic to an unreasonable extent.

2. The parade is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and contiguous areas that allowing the parade would deny reasonable police protection to the city.

3. The parade will interfere with another parade for which a permit has already been issued.

4. Information contained in the application is found to be false or a material detail is omitted.

5. The applicant refuses to agree to abide by or comply with all conditions of the permit.

E. If one or more of the conditions listed in subsection (D) of this section, other than subsection (D)(5) of this section, exists, the chief of police may impose reasonable conditions in the permit, including but not limited to:

1. Requiring an alternate date.

2. Requiring an alternate route.

3. Restricting the size of the parade.

F. The chief of police shall notify the applicant of the decision within five days after receipt of the application.

G. If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the council. [Ord. 85-108-O § 1; Ord. 84-396-O § 31].

10.05.300 Appeal to council.

A. An applicant may appeal the decision of the chief of police by filing a written request of appeal with the city recorder within five days after the chief of police has proposed alternatives or refused to issue a permit.

B. The council shall schedule a hearing date, which shall not be later than the second regular session following the filing of the written appeal with the city recorder, and shall notify the applicant of the date and time that he or she may appear either in person or by a representative. [Ord. 84-396-O § 32].

10.05.310 Offenses against parade.

A. No person shall unreasonably interfere with a parade or parade participant.

B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. [Ord. 84-396-O § 33].

10.05.320 Permit revocable.

The chief of police may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. [Ord. 84-396-O § 34].

10.05.330 Funeral processions.

A. No permit shall be required for a funeral procession.

B. A funeral procession shall proceed to the place of interment by the most direct route that is both legal and practicable.

C. The procession shall be accompanied by adequate escort vehicles for traffic control purposes.

D. All motor vehicles in the procession shall be operated with their lights turned on. [Ord. 84-396-O § 35].

Article VIII. Traffic Citations and Owner Responsibility

10.05.340 Citation on illegally parked vehicle.

When a vehicle without an operator is found parked in violation of a restriction imposed by this chapter or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle that may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge or pay the penalty imposed within five days during the hours and at a place specified in the citation. [Ord. 84-396-O § 36].

10.05.350 Failure to comply with traffic citation attached to parked vehicle.

If the operator does not respond to a traffic citation affixed to a vehicle within a period of five days, the municipal judge shall send to the owner of the vehicle to which the traffic citation was affixed a letter informing the owner of the violation and warning that if the letter is disregarded for a period of five days, a warrant for the arrest of the owner will be issued. [Ord. 84-396-O § 37].

10.05.360 Cancellation of traffic citation.

No person shall cancel or solicit the cancellation of a traffic citation in any manner, except when approved by the municipal judge. [Ord. 84-396-O § 38].

10.05.370 Owner responsibility.

The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner’s consent. [Ord. 84-396-O § 39].

10.05.380 Registered owner presumption.

In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. [Ord. 84-396-O § 40].

Article IX. Impoundment and Penalties

10.05.390 Impoundment of vehicles.

A. When a vehicle is placed in a manner or location that constitutes an obstruction to traffic or a hazard to public safety, a police officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner’s expense. The owner shall be liable for the costs of towing and storing, notwithstanding that the vehicle was parked by another or that the vehicle was initially parked in a safe manner but subsequently became an obstruction or hazard.

B. The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the provisions of the city relating to impoundment and disposition of vehicles abandoned on the city streets.

C. The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this chapter.

D. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. [Ord. 84-396-O § 41].

10.05.400 Penalties.

A. Violation of Article III of this chapter is punishable by fine not to exceed $1,000.

B. Violation of Articles IV through VII of this chapter is punishable by fine not to exceed $500.00.

C. Violation of a provision identical to a state statute is punishable by fine not to exceed the penalty prescribed by the state statute.

D. Parents, guardians or custodians shall be held accountable for the actions of minors under the age of 15. [Ord. 23-418-O § 35; Ord. 91-200-O § 10; Ord. 84-396-O § 42].