Chapter 12.20
OBSTRUCTION OF STREETS1
Sections:
12.20.025 Unlawful transfer on vehicular portion of a highway.
12.20.010 Vehicle defined.
The term “vehicle” as used herein includes but is not limited to every automobile, motorcycle or other vehicle propelled by power or otherwise. (Ord. 881 §3, 1967).
12.20.020 Prohibited.
A. It is unlawful for any person to place or allow in or over any alley, street or sidewalk, or any street or alley right-of-way, whether improved or not, any of the following:
1. Any garbage or refuse of any nature; provided, however, that garbage or refuse in enclosed containers may be temporarily placed within the street right-of-way upon garbage collection days;
2. Any building, fence, or other structure, including items which are by design intended to be portable; provided, however, that:
a. Fences (subject to subsection B of this section) and mailboxes may be placed in a right-of-way, at the owners’ expense, if the same do not impede sight distance necessary for the safe use of the street, alley, driveway or sidewalk by vehicular or pedestrian traffic; and further provided, that the same shall be removed upon the request of the city;
b. Rubber curb ramps may be placed in a right-of-way at the owner’s expense; provided, that they shall be removed upon the request of the city;
c. Rubber curb ramps are only allowed to be installed in areas of the city where rolled curbs are currently located;
3. Any sports equipment or structures;
4. Any vehicle, parked so as to block a sidewalk or a driveway, or partially block a street or alley (provided that vehicle access along such street or alley is not blocked or prohibited by such parking), for a period of longer than six hours, except in the following circumstances:
a. The vehicle is parked in a location where parking is otherwise allowed, subject to the restrictions of such allowance; and
b. The vehicle is parked for loading and unloading purposes, it is attended by a driver who is in the immediate vicinity and capable of immediately removing the vehicle, as reasonably necessary, and the driver thereof shall forthwith move the same upon request in order to permit ingress and egress to other premises, or upon request of a peace officer or fireman;
5. Any trees, shrubs or other landscaping growing, encroaching or overhanging the alley, street, sidewalk or right-of-way; provided, however, that landscaping not in excess of forty-two inches in height may be placed in an unimproved portion of a right-of-way, at the adjacent property owner’s expense, if the same does not impede sight distance necessary for the safe use of the street, alley, driveway or sidewalk by vehicular or pedestrian traffic; and further provided, that the landscaping shall be removed by the property owner at the city’s request, and may be removed by the city at any time.
B. The following apply to fences placed in rights-of-way:
1. Fences in rights-of-way shall be subject to the regulations contained in Chapter 17.57 of this code. In applying the height limits of Chapter 17.57, such height limits shall apply to fences in the right-of-way as if the fence in the right-of-way has been placed on the nearest property line;
2. No fence shall be placed in a right-of-way unless and until the person proposing to erect the fence has first obtained a fence permit under Chapter 17.57 of this code, and entered into a separate lease agreement with the city for the use of the space to be enclosed by the fence. The following shall apply to the lease agreement:
a. The decision as to whether or not the city will enter into the lease agreement shall be a discretionary decision, made by the city council,
b. Prior to the council deciding the issue, property owners abutting the space proposed to be leased shall be given an opportunity to be heard, as required by ORS 271.430,
c. Before deciding to lease the space, the council shall determine that the use of the space will not unreasonably interfere with the public use and utility use of the street or highway, as required by ORS 271.430,
d. If the council agrees to enter into a lease for the space enclosed by the fence, such lease shall be signed by all record owners of the property, shall be recorded by city at the applicant’s expense, shall bind future owners of the property, and shall include the applicant’s agreement to:
i. Indemnify and hold city harmless from any and all causes of action which may accrue to the applicant or any third party in connection with the applicant’s placing of a fence in the right-of-way, or city’s removal or damaging of the fence,
ii. Indemnify and hold harmless any neighboring landowners from any and all causes of action which may accrue to the applicant or any third party in connection with the neighboring landowner exercising his or her right to maintain, repair, replace or install a private utility line pursuant to subsection (B)(9) of this section, and
iii. Consent to a vacation of the street right-of-way in the event city should pursue such a vacation, and waive the right to be compensated if such vacation causes the owner’s property to decrease in value.
e. The council shall set the term of each lease, but each lease shall be revocable by the city, for any reason or no reason, on not less than thirty days’ written notice. In addition, a yearly fee, set by the council, shall be paid by the lessee on an annual basis, the exact amount and time of payment to be set by the council. Failure to pay the yearly fee in a timely manner shall be grounds for revocation of the lease.
3. Prior to issuance of a fence permit, city water, sewer and storm drainage lines shall be located, by city, at city’s expense.
4. No permit for a fence in the right-of-way shall be issued for any property that is subject to a restrictive covenant barring fences on the property line adjacent to the right-of-way.
5. Prior to issuance of a fence permit, the applicant shall obtain written consent for such fence, including its specific location, from the power company, telephone company, natural gas company, and cable TV supplier serving the immediate area. Such consent must include the utility company’s agreement to hold the city harmless from any claim by the utility company for damage to any of its facilities caused by an applicant, and from any claims by the applicant for any damage to the applicant’s fence that may be caused by the utility company.
6. No fences shall be placed on or so as to block access to any water valve boxes, storm drainage catch basins, sewer manholes, fire hydrants or pumping stations and no fence shall be located closer than three feet from the same. Water meters that are enclosed must be easily accessible through a gate or other suitable opening.
7. No fence shall be placed in an area in violation of city sight- and vision-clearance standards, as set forth in the public works standards.
8. Fences shall be placed so as to allow a flat, passable sidewalk area, a minimum of five feet in width, measured from the curb. Such flat, passable sidewalk area shall be created, by the applicant at applicant’s expense, prior to construction of the fence, if it does not naturally exist. In no event shall a fence be placed so as to cross or block an existing pathway or sidewalk, or the straight continuation thereof. If there is no curb, the fence must be no less than twenty-three feet from the centerline of the street. In cases of uncertainty as to the location of the centerline of the street, city may, in its discretion, require the applicant to produce, at applicant’s expense, a survey from a licensed surveyor locating the centerline of the street.
9. In the event that it becomes necessary for a citizen to repair, maintain, replace, or install a private utility line which is buried in an area that has been fenced off by another citizen pursuant to this section, the party requiring access to the utility line may proceed to enter the right-of-way and effect the necessary work; provided, that the resident at the fenced-in property is first given reasonable notice, and an opportunity to remove the fence, if necessary. If it becomes necessary to remove part or all of the fence in order to effect the necessary work, the person performing the work may, so long as reasonable notice and an opportunity to move the fence has been given, remove so much of the fence as is necessary in order to perform the work. Repair or replacement of the fence, and any landscaping damaged during the work, shall be at the expense of the owner of the fence.
10. City may, at any time, for any reason, require removal of any fence placed in the right-of-way, with no compensation to the owner for the value of the fence. If removal is not accomplished by the owner within thirty days after city’s written request therefor, city may effect removal and disposal, and assess the property for the costs thereof in the same manner as set forth in Section 8.08.020 of this code, pertaining to assessing costs of weed abatement.
11. If existing circumstances make it reasonably necessary for city to remove a fence in the right-of-way without giving the property owner advance notice and an opportunity to remove the fence, city may effect removal and disposal, and assess the property for the costs thereof in the same manner as set forth in Section 8.08.020 of this section, the same as if the property owner had failed to remove the fence after due notice.
12. City shall not, under circumstances, be responsible for any damage resulting from city’s removal of any fence placed in the right-of-way, whether such damage is to a fence, landscaping, underground sprinklers, any building or structure, loss of a pet, damage caused by a loose pet, or any other damage whatsoever, including personal injury.
C. In the event any person violates this chapter by placing or allowing in or over any alley, street or sidewalk, or any street or alley right-of-way, any prohibited object, city may request that the object be immediately removed. If removal is not accomplished within a reasonable time as established by the city, city may effect removal and assess the property for the costs thereof in the same manner as set forth in Section 8.08.020 of this code. (Ord. 2103 § 5 (Exh. E), 2023; Ord. 1966 §1, 2012; Ord. 1846 §2(part), 2004; Ord. 1692 §1, 1993; Ord. 1642 §1, 1990; Ord. 1019 §2, 1971; Ord. 881 §2, 1967).
12.20.025 Unlawful transfer on vehicular portion of a highway.
A. A person commits the offense of unlawful transfer on a highway 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. This section 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. Notwithstanding the penalty provisions of Section 12.20.030, any person found violating this section shall be guilty of committing a traffic violation punishable by a fine not to exceed seventy-five dollars. (Ord. 1957 §1, 2012).
12.20.030 Penalty.
Any person or persons violating any of the provisions of this chapter shall upon conviction be punished in accordance with the general penalty ordinance of the city. (Ord. 1642 §2, 1990; Ord. 881 §4, 1967).
For the Charter provisions authorizing the city council to require the removal of obstructions on public streets, see City Charter Art. VII §9.