Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.010 Title.
10.04.020 Definitions.
10.04.030 Administration--Powers of council.
10.04.040 Administration--Duties of police department.
10.04.050 Administration--Public danger.
10.04.060 Administration--Standards.
10.04.070 Administration--Authority of police and fire officers.
10.04.080 Adoption of statutory laws.
10.04.090 Citation on illegally parked vehicle.
10.04.100 Failure to comply with traffic citation attached to parked vehicle.
10.04.110 Illegal cancellation of traffic citation.
10.04.120 Owner responsibility.
10.04.130 Registered owner presumption.
10.04.140 Existing traffic-control devices.
10.04.150 Penalties.
10.04.010 Title.
The ordinance codified in Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.32 and 10.40 may be cited as the "Cottage Grove Traffic Ordinance." (Ord. 2531 §1, 1984)
10.04.020 Definitions.
In addition to those definitions contained in the Oregon Vehicle Code, the following words and phrases, except where the context clearly indicates a different meaning, shall mean:
A. "Bus stop" means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.
B. "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.
C. "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.
D. "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.
E. "Person" means a natural person, firm, partnership, association or corporation.
F. "Street" means highway, road, street or alley, as defined in ORS 801.110, 801.305, 801.450 and 801.535, including the entire width of the right-of-way.
G. "Taxicab stand" means a space on the edge of a roadway designated by sign for use by taxicabs.
H. "Traffic lane" means that area of the roadway used for the movement of a single line of traffic.
I. "Vehicle," as used in subsequent sections of Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.32 and 10.40, includes bicycles. (Ord. 2605 §1, 1988; Ord. 2531 §3, 1984)
10.04.030 Administration--Powers of 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 Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.32 and 10.40 or by 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. Designation of certain streets as bridle paths and prohibition of horses and animals on other streets;
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;
9. Temporary blocking or closing of streets;
10. Establishment of bicycle lanes and paths and traffic controls for such facilities;
11. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage;
12. Issuance of oversize or overweight vehicle permits;
13. Establishment, removal or alteration of the following classes of traffic controls:
a. Crosswalks, safety zones and traffic lanes;
b. Intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies;
c. Parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal);
d. Loading zones and stops for vehicles;
e. Traffic control signals. (Ord. 2531 §4, 1984)
10.04.040 Administration--Duties of police department.
The police department, through its officers and designees, shall implement the ordinances, resolutions and motions of the council and the orders of the chief of police by installing, maintaining, removing and altering traffic control devices. Such installation shall be based on the standards contained in the "Oregon Manual on Uniform Traffic Control Devices for Streets and Highways." (Ord. 2531 §5, 1984)
10.04.050 Administration--Public danger.
Under conditions constituting a danger to the public, the chief of police or a designee may install temporary control devices considered by the chief of police to be necessary. (Ord. 2531 §6, 1984)
10.04.060 Administration--Standards.
The regulations of the chief of police or a designee shall be based upon:
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. 2531 §7, 1984)
10.04.070 Administration--Authority of police and fire officers.
A. It shall be the duty of police officers to enforce the provisions of Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.32 and 10.40.
B. In the event of a fire or other public emergency, officers of the police and fire departments may direct traffic as conditions require, notwithstanding the provisions of Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.32 and 10.40. (Ord. 2531 §8, 1984)
10.04.080 Adoption of statutory laws.
Violation of the provisions in ORS Chapters 801 through 823 as now constituted shall be an offense against the city and subject to the penalties therein provided. Ord. 2802 §2, 1997: Ord. 2766 §2, 1995: Ord. 2734 §2, 1993: Ord. 2694 §2, 1991: Ord. 2656 §2, 1990: Ord. 2601 §2, 1987: Ord. 2531 §2, 1984)
10.04.090 Citation on illegally parked vehicle.
Whenever a vehicle without an operator is found parked in violation of a restriction imposed by Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.32 and 10.40 or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge against him or pay the penalty imposed within five days during the hours and at a place specified in the citation. (Ord. 2531 §35, 1984)
10.04.100 Failure to comply with traffic citation attached to parked vehicle.
A. If the operator, or registered owner, does not respond to a parking citation affixed to a vehicle within five days by payment of bail called for in said citation, the amount of bail shall thereafter be doubled. If the bail is not paid within thirty-one days from issue date the bail will again be doubled. The municipal court shall send a letter to the registered owner of the vehicle cited after ten days from the citation date advising the owner the amount of the bail and that failure to pay is subject to impound as set forth in subsection B of this section.
B. A vehicle with two unpaid parking citations will be subject to impound upon issuance of a third citation, and release may be obtained only by payment of fines for all parking citations and impound charges. (Ord. 2733 §2(part), 1993: Ord. 2531 §36, 1984)
10.04.110 Illegal 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. 2531 §37, 1984)
10.04.120 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 a vehicle was secured by the operator without the owner's consent. (Ord. 2531 §38, 1984)
10.04.130 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. 2531 §39, 1984)
10.04.140 Existing traffic-control devices.
All traffic-control devices installed or existing on the date of the adoption of the ordinance codified in this chapter shall be considered authorized under the provisions of this chapter and shall continue in effect; provided, however, that the city council may remove or change such traffic-control devices in accordance with the provisions of this chapter. (Ord. 2605 §2, 1988)
10.04.150 Penalties.
A person convicted of a violation of this chapter shall be punished by imposition of a fine not to exceed one hundred dollars except where penalties are established by state law, in which event state law penalties shall apply. (Ord. 2733 §2(part), 1993)