Chapter 12.35
UNLAWFUL TRANSFER ON ANY VEHICULAR PORTION OF A HIGHWAY, ROAD OR STREET
Sections:
12.35.030 Unlawful transfer on any vehicular portion of a highway, road or street.
12.35.010 Purpose.
The following rules and regulations are hereby established and are to be observed and enforced for the conduct of persons using or frequenting public land of the city of Rogue River, Oregon. [Ord. 15-390-O].
12.35.020 Definitions.
“Pedestrian activity” or “activity” means any planned activity that brings together a community or group of people for an expressed purpose, including soliciting contributions, business, or interest from motorists using the highway, provided the activity does not impede traffic or cause a traffic hazard.
“Right-of-way” means the entire width of real property delineated by property lines along each side of the highway, road or street including the paved surface, shoulders, ditches and other drainage facilities, and all other highway, road or street facilities or lands within the boundaries of the right-of-way lines used for the operation of the highway, road or streets. [Ord. 15-390-O].
12.35.030 Unlawful transfer on any vehicular portion of a highway, road or street.
A. A person commits the offense of unlawful transfer on a highway, road, or street if the person:
1. While a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city, 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.
B. This section does not apply if the vehicle is legally parked.
1. This section also does not apply to persons participating in a “pedestrian activity” conducted on a state highway, 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; or
2. This section also does not apply to persons participating in a pedestrian activity conducted on a city right-of-way, sidewalk or public property for which the city council has given permission as long as all terms of such permission are met. [Ord. 15-390-O].
12.35.040 Enforcement.
This chapter shall be enforced by any authorized enforcement officer of the city. [Ord. 15-390-O].
12.35.050 Penalties.
A violation of this chapter shall be punishable by a fine not to exceed $1,000. Every day the violation continues or is permitted to continue in violation of this chapter shall be considered a separate offense. Offenses under this section shall be tried in the municipal court as a violation and not as a crime. As a violation there is no right to jury trial or court appointed counsel. [Ord. 15-390-O].
12.35.060 Severability.
If any portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of the chapter. [Ord. 15-390-O].
12.35.070 Emergency.
Whereas the city of Rogue River, Oregon, finds time being of the essence, and an emergency is hereby declared to exist in the interest of the public peace, health, and safety of the city of Rogue River and the inhabitants thereof, and the ordinance codified in this chapter may be introduced and placed upon all of its readings and final passage at any one meeting of the city council and shall be in full force and effect from and after its passage by the city council and approved by the mayor. [Ord. 15-390-O].