Chapter 6.02
UNIFORM TRAFFIC ORDINANCE

Sections:

I. GENERAL PROVISIONS

6.02.010    Short Title.

6.02.020    Applicability of State Traffic Laws.

6.02.030    Definitions.

II. TRAFFIC ISSUE PROCESS

6.02.050    Title and Purpose.

6.02.055    Definitions.

6.02.060    Standards.

6.02.065    Procedures.

6.02.070    Existing Traffic Control Devices.

6.02.075    Road Closures.

6.02.080    Designation of a Residential Permit Parking District or Amendment of an Existing Residential Permit Parking District.

6.02.085    Designation of Parking Management Zones.

III. ADMINISTRATION

6.02.100    Powers of the Council.

6.02.110    Repealed.

6.02.120    Repealed.

6.02.130    Repealed.

6.02.140    Repealed.

6.02.150    Repealed.

IV. GENERAL REGULATIONS

6.02.200    Rules of the Road.

6.02.205    Earphones.

6.02.210    Crossing Private Property.

6.02.215    Exhaust Brakes.

6.02.220    Repealed.

6.02.230    Rollerskates, Sleds, etc.

6.02.240    Damaging Sidewalks and Curbs.

6.02.250    Obstructing Streets.

6.02.270    Parks.

6.02.280    Repealed.

6.02.290    Repealed.

V. PARKING REGULATIONS

6.02.300    Method of Parking.

6.02.305    Prohibited Parking in Specified Places.

6.02.310    Prohibited Parking or Standing.

6.02.320    Prohibited Parking of Vehicles for Vending Purposes.

6.02.322    Definitions for BC 6.02.323 and 6.02.324.

6.02.323    Prohibited Vehicle Camping.

6.02.324    Permitted Vehicle Camping.

6.02.325    Prohibited Repair of Vehicle.

6.02.330    Use of Loading Zone.

6.02.340    Unattended Vehicles.

6.02.350    Standing or Parking of Buses and Taxicabs.

6.02.360    Restricted Use of Bus and Taxicab Stands.

6.02.370    Lights on Parked Vehicle.

6.02.380    Exemption.

VI. PERMIT PARKING AREAS

6.02.390    Downtown and Residential Permit Parking Districts.

VII. BICYCLES

6.02.400    Repealed.

6.02.410    Repealed.

6.02.420    Repealed.

6.02.430    Impounding of Bicycles.

6.02.440    Repealed.

VIII. PEDESTRIANS

6.02.500    Use of Sidewalks.

6.02.510    Pedestrian Must Use Available Crosswalk.

6.02.520    Right Angles.

IX. PARADES

6.02.600    Prohibited Activity.

6.02.610    Exemption.

6.02.620    Parade Permit.

6.02.625    Denial of Permit.

6.02.630    Notification of Decision.

6.02.635    Police Chief Authorized to Promulgate Rules.

6.02.640    Appeal to Council.

6.02.650    Offenses Against Parade.

6.02.660    Permit Revocable.

6.02.670    Funeral Processions.

X. PARKING CITATIONS AND OWNER RESPONSIBILITY

6.02.700    Parking Citation on Illegally Parked Vehicle.

6.02.710    Owner Responsibility.

6.02.720    Parking Enforcement Officers.

XI. HEARINGS FOR PARKING CITATIONS

6.02.800    Repealed.

6.02.801    Registered Owner Presumption.

6.02.802    Proof by Preponderance.

6.02.803    Procedures without a Hearing for Parking Violations.

6.02.805    Repealed.

6.02.810    Repealed.

6.02.815    Repealed.

6.02.820    Repealed.

6.02.825    Repealed.

6.02.830    Repealed.

6.02.840    Repealed.

6.02.845    Repealed.

6.02.850    Repealed.

6.02.855    Repealed.

6.02.890    Repealed.

6.02.900    Penalties.

I. GENERAL PROVISIONS

6.02.010 Short Title.

BC 6.02.010 to 6.02.900 shall be known and may be cited as the “Beaverton Uniform Traffic and Parking Ordinance” and may also be referred to as “this ordinance.” [BC 6.02.010, amended by Ordinance No. 4053(1), 8/3/99; amended by Ordinance No. 4742, 10/2/18]

6.02.020 Applicability of State Traffic Laws.

A. Violation of a provision of the Oregon Vehicle Code, as now constituted, is an offense against this city, punishable as provided by state law.

B. A reference in any ordinance, resolution, Code section or regulation of the City to any section of the Oregon Revised Statutes repealed by Oregon Laws 1983, Chapter 338, Section 978, or Oregon Laws 1985, Chapter 16, Section 475, is deemed a reference to the comparative section of Oregon Laws 1983, Chapter 338, Sections 1 981, and Oregon Laws 1985, Chapter 16, Sections 1 477, as shown in “Introduction to Oregon Vehicle Code 1986 87,” prepared by the Judicial Education Committee of the Oregon Judicial Conference. [BC 6.02.020, amended by Ordinance No. 3342, 10/24/83; Ordinance No. 3467, 9/17/85; Ordinance No. 3478, 12/17/85; Ordinance No. 3511, 6/4/86; Ordinance No. 3579, 9/22/87; Ordinance No. 3692, 10/9/89; Ordinance No. 3791, 10/7/91; Ordinance No. 3869, 11/1/93; Ordinance No. 3946, 12/18/95; Ordinance No. 4009, 6/16/98; Ordinance No. 4108, 5/8/00; Ordinance No. 4196(23), 2/11/02; Ordinance No. 4307, 5/11/04]

6.02.030 Definitions.

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

Abandoned Vehicle – A vehicle left in circumstances demonstrating its owner never intends to return.

A. A motor vehicle shall be deemed an Abandoned Vehicle under this definition if it remains upon any street or public property for a period in excess of 48 hours and the motor vehicle:

1. Reasonably appears incapable of self propulsion; or

2. Does not display a current registration plate or a current trip permit; or

3. Is on a street and is not registered to a person at the address of property on the same side of the street that abuts the part of the street upon which the motor vehicle is located; or

4. Is on public property other than a street without the consent of the owner, occupant and any other person in lawful possession of the public property.

B. A trailer shall be deemed an Abandoned Vehicle under this definition if it remains upon any street or public property for a period in excess of 24 hours and:

1. The trailer does not display a current registration plate or a current trip permit, unless exempt from registration under provision of Oregon law; or

2. Is on a street and no right of control over the trailer exists in a person or relative of a person who owns property or resides at property that is on the same side of the street that abuts the part of the street upon which the trailer is located; or

3. Is on public property other than a street without the consent of the owner, occupant and any other person in lawful possession of the public property.

Block – That portion of street frontage on one side of the street between two intersecting streets.

Bus stop – A space on the edge of a street designated by sign for use by buses loading or unloading passengers.

Business district – Any area of the City designated as a commercial district by the Development Code.

Driveway – Any alley or access drive to public or private property from a street. The term driveway shall include all portions of the curb that have been sloped, tapered and/or depressed to accommodate vehicle movement.

Emergency – For purposes of BC 6.02.320, a situation where an unforeseen combination of circumstances calls for immediate action in order to avoid damage to a vehicle or where a vehicle was rendered inoperable, but does not include a situation where the vehicle is left standing in excess of 24 hours.

Holiday – New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day designated by the Council to be a holiday.

Loading zone – A space on the edge of a street designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days.

Mayor – The mayor or the mayor’s designee.

Motor vehicle – A vehicle that is self propelled or designed for self propulsion.

Parade – A gathering of at least ten persons or ten vehicles or both traveling more than 100 feet on public streets, sidewalks or alleys for a common purpose of public demonstration.

Police chief – The chief of the police department or the police chief’s designee.

Street – Every public way, road, highway thoroughfare and place, including bridges, viaducts and other structures, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

Taxicab stand – A space on the edge of a street designated by sign for use by taxicabs.

Traffic lane – That area of the street used for the movement of a single lane of traffic.

Vehicle – Any device in, upon or by which any person or property is or may be transported or drawn upon a street and includes vehicles that are propelled or powered by any means. [BC 6.02.030, amended by Ordinance No. 3278, 8/17/82; Ordinance No. 3971, 1/7/97; Ordinance No. 4053, 8/3/99; Ordinance No. 4223(1), 8/19/02; Ordinance No. 4507, 4/20/09]

II. TRAFFIC ISSUE PROCESS

6.02.050 Title and Purpose.

The City Traffic Engineer and Traffic Commission each is authorized to approve and direct the implementation of restrictions and other devices, such as warnings, on public roadway uses that are determined necessary and in the public interest. Issues pertaining to parking and the permit parking areas of this code that are processed through the Traffic Issue Process may have information provided by City staff and persons appointed by the Mayor to advise on such matters. Such authority is subject to review and approval by the City Council in accordance with procedures established herein. BC 6.02.050 through 6.02.085 shall be known and may be referred to herein as the “Traffic Issue Process.” [BC 6.02.050, added by Ordinance No. 4026, passed 11/5/98; amended by Ordinance No. 4445, 8/13/07]

6.02.055 Definitions.

For purposes of this ordinance the following terms are defined:

A. City Traffic Engineer – The City employee designated by the Mayor to perform the functions of City Traffic Engineer under this ordinance, or the City employee assigned by the City Traffic Engineer to perform such functions.

B. Development review issue – A development review issue is any issue involving parking restrictions, traffic calming devices or restrictions to traffic operations that has been proposed in a development application, or imposed or approved through the design review process by the Facilities Review Committee, the Board of Design Review, the Planning Commission or the City Council.

C. Emergency Issue – Any traffic restriction, issue or condition which creates a substantial risk of loss, damage, interruption of public services or threat to public health or safety that could not have been reasonably foreseen and requires prompt response to remedy the condition, and which, had it been reasonably foreseen, would have been a major issue.

D. Extreme Hazard – An emergency issue that represents a serious hazard or immediate threat to the safety of all persons using the public roadway.

E. Minor Issue – A minor issue is any traffic control issue that is not a major issue and not a development review issue. Minor issues include but are not limited to:

1. Approval of the installation of warning signs, directional signs, and signs giving notice of existing laws;

2. Approval of design details for traffic controls to implement the direction of the City Council, to implement Traffic Commission recommendations approved by the City Council or to comply with State or Federal regulations;

3. Approval of design details for traffic controls on new facilities which have been authorized by the Facilities Review Committee, the Board of Design Review, the Planning Commission or the City Council;

4. Parking restrictions, traffic calming or restrictions to traffic operations imposed for a period of less than 30 days to control traffic during special events or during periods of construction on or adjacent to the roadway;

5. Approval of parking restrictions that extend for a distance of less than 50 feet along a street.

F. Major Issue – A major issue is any issue involving parking restrictions, traffic calming devices or restrictions to traffic operations except development review issues and traffic controls installed for a period of less than 30 days’ duration. A “Major issue” includes, but is not limited to:

1. Parking restrictions, provided such restrictions extend for at least 50 feet along a street.

2. Restrictions to traffic movements, such as one-way roadways and turn prohibitions;

3. Assignment of right-of-way at an intersection by the installation of STOP signs or YIELD signs or similar restrictions;

4. The control of traffic at any location by the means of traffic signals;

5. Establishment of speed limits, including recommendations on speed limits provided to other agencies to establish speed limits;

6. Restrictions to the use of a public roadway by any kind or class of vehicle or by pedestrians;

7. Establishment of truck routes;

8. Installation of a crosswalk at a location not controlled by a STOP sign, YIELD sign, or traffic signal;

9. Prohibition or restriction to pedestrian crossing;

10. Prohibition of vehicle passing;

11. Establishment of a school zone where reduced speed limits are established during designated times;

12. Installation of traffic calming devices;

13. Closure of an existing roadway;

14. Restrictions of existing access to adjoining properties;

15. Installation of pavement markings or other devices to delineate traffic lanes or bicycle lanes on a roadway where traffic lanes have not previously been delineated;

16. Designation or modification of a residential permit parking district.

17. Citywide policies on traffic; and

18. Any issue referred to the Traffic Commission by the City Council, the Mayor or the City Traffic Engineer.

G. Residential permit parking district – A geographic area within the City designated as a permit parking district.

H. Traffic calming – The installation of speed bumps, traffic circles or similar devices intended to discourage speeding or to discourage through traffic.

I. Traffic controls – All signs, signals, markings, and devices placed on, over, or adjacent to a roadway to regulate, warn, or guide traffic or to regulate parking. [BC 6.02.055, added by Ordinance No. 4026, 11/5/98; amended by Ordinance No. 4205(1)(2), 5/13/02]

6.02.060 Standards.

A. Decisions by the City Traffic Engineer, Traffic Commission and City Council shall be based on the following standards and criteria:

1. All proposed traffic control devices, all proposed restrictions to traffic operations or parking, and all proposed traffic calming features governed by this ordinance shall endeavor to:

a. provide for safe vehicle, bicycle and, where allowed, pedestrian movements;

b. help ensure orderly and predictable movement of vehicles, bicycles and pedestrians;

c. meet the overall circulation needs of the City;

d. accommodate the parking needs of residents and businesses in a safe and equitable fashion;

e. assure safe access and reasonable response times for emergency vehicles;

f. be structurally suitable for all intended purposes;

g. carry anticipated traffic volumes safely; and

h. comply with Federal and State regulations.

2. All proposed new traffic devices shall be based on the standards of the “Manual on Uniform Traffic Control Devices (MUTCD)” and the “Oregon Supplements to the Manual on Uniform Traffic Control Devices” as adopted or in effect at the time of consideration of the issue;

3. All decisions shall comply with officially approved policies of the City Council, including but not limited to policies and objectives set forth in the City’s Comprehensive Plan.

B. The City Traffic Engineer shall decide issues of street design. [BC 6.02.060, added by Ordinance No. 4026, 11/5/98]

6.02.065 Procedures.

A. General. A person who wishes to propose new traffic controls or revisions to existing traffic controls shall present such proposal in writing to the City Traffic Engineer in accordance with this section. Alternatively, consideration of new traffic controls or changes to existing traffic controls may be initiated by motion of the City Council or the Traffic Commission or by the City Traffic Engineer. The procedures to be followed for making a decision on a traffic issue depend on the category of issue involved. The City Traffic Engineer shall decide in what category an issue falls. The process to be followed for categories of traffic issues is as set forth in this subsection.

1. Minor Issues. Any issue that qualifies as a minor issue shall be reviewed by the City Traffic Engineer. Where there is a request for review of a minor issue, the City Traffic Engineer shall provide a written response that shall include an explanation of any action taken or recommended and the reasons therefor. The City Traffic Engineer shall send a copy of the written response to the requesting party by regular mail. Where no request is received for review of the decision, the City Traffic Engineer’s decision is the final City decision on minor issues. Any person may appeal the decision of the City Traffic Engineer on an issue to the Traffic Commission. Such appeal must be in writing, must include a reference to the subject and date of the City Traffic Engineer’s written response and the grounds for objecting to the City Traffic Engineer’s decision. Unless the appeal is submitted by a member of the City Council or the Traffic Commission, a fee as established by resolution of the Council to cover the cost of processing and presenting the matter to the Traffic Commission shall accompany the appeal. Review by the Traffic Commission shall be conducted in the same manner as review of major issues. The written decision of the Traffic Commission shall be placed on the City Council’s agenda for consent or for Council, by motion, to review the matter. Council action on the proposal is the final decision.

2. Major Issues. Any proposal that qualifies as a major issue shall be scheduled by the City Traffic Engineer for review by the Traffic Commission. Prior to Traffic Commission review, the City Traffic Engineer shall provide an opportunity for review of each major issue by the Police Chief, the Operations Director and the Fire Marshal or their designees. All written comments received shall be sent to the Traffic Commission. The issue shall be scheduled for a public hearing before the Traffic Commission if the City Traffic Engineer determines that a public hearing is appropriate or if the Traffic Commission directs that the matter be scheduled for a public hearing or if any person makes written request to the City Traffic Engineer for a public hearing. The procedure for the conduct of such hearing shall be as set forth in subsection B. If no public hearing is scheduled, the matter may be approved on the consent agenda of the Traffic Commission and sent to the City Council for final approval.

3. Emergency Issue. Any issue that qualifies as an emergency issue may be scheduled for review by the City Council without the Traffic Commission first reviewing the matter, if the Mayor deems such action to be in the public interest. Notice of Council consideration shall be provided in accordance with requirements of State law for announcing a meeting of the City Council. Notice of the Council consideration of such issue shall also be provided by regular mail or other methods designed to give advance notice to the Traffic Commission and the chair of each NAC directly affected by the proposed action.

4. Extreme Hazard. Any issue that qualifies as an extreme hazard may be determined immediately by any of the following officials: the City Traffic Engineer, the Operations Director or the Mayor without prior review or consideration by the Traffic Commission or the City Council. The official taking action under this provision shall as soon as practicable thereafter, but no later than 48 hours, advise the other officials and the City Council of such action and the circumstances. Within 90 days after notifying the City Council, any traffic controls installed under the extreme hazard process shall be removed unless the City Traffic Engineer has scheduled the issue for review by the Traffic Commission. In the event of a fire or other public emergency, officers of the Police Department or the Fire District may direct traffic as conditions require, notwithstanding the provisions of this ordinance.

B. Hearings. The following procedures shall govern the conduct of hearings by the Traffic Commission and on appeal from Traffic Commission decisions, by the City Council, except as otherwise specifically provided.

1. Notification. Except as otherwise provided in subsections A and F of this section, notice of the hearing shall be provided at least twenty (20) days before the hearing in the following manner:

a. by regular mail to the person who submitted the proposal or appealed the City Traffic Engineer’s response to the proposal, to the chair of the NAC whose boundaries include or are adjacent to the location of the proposed action, to any person who has requested notice, and by internal distribution to members of the City Council;

b. by posting at City Hall, the City Library and the Beaverton (central) Post Office;

c. by publication in a newspaper of general circulation within the City; and

d. by posting at or near the site of the proposed action with signs of sufficient number, size and location so as to be visible to a passing motorist.

Failure to provide notice in the manner set forth herein shall not invalidate any action or decision made by the decision-maker.

2. Notice Contents. Notice shall include the nature of the proposed change; date, time, place and purpose of the hearing; and the name and telephone number of the City staff person who may be contacted to obtain additional information.

3. Conduct of the Hearing. The Chair, or the Chair’s designee, shall open the hearing by stating the general nature of the proposal followed by a summary of these procedures. Written minutes of the hearings body’s proceedings shall be prepared, approved and maintained. Minutes shall accurately reflect the names of hearings body members present, the substance of any matter discussed and views of participants and the vote and result of any motion or other action. The hearings body may by rule establish time limits on testimony to be observed during a hearing, subject to the right of the Chair, with the hearings body’s consent, to amend or waive the time limits. As a general guideline, if the Chair decides to increase or decrease the time limits for testimony, the Chair shall do so in equal proportion for both the person who submitted the proposal or appeal and the person who opposes the proposal. An audio recording shall be made of each meeting.

The Chair shall next call for presentation of the City Traffic Engineer’s report. The City Traffic Engineer’s report shall list the applicable substantive criteria and shall explain the reasons behind the recommendation, or decision in the case of an appeal.

The Chair shall state that evidence and testimony must be directed to the criteria in BC 6.02.060, determined to be applicable by the City Traffic Engineer or other criteria, current City, Metro, Tri-Met, State of Oregon or Federal laws or policies, which the person believes to apply to the decision.

The Chair shall call for testimony from the person who submitted the proposal or the person who appealed the City Traffic Engineer’s or Traffic Commission’s response to the proposal.

The Chair shall call for evidence or testimony from other interested parties.

Prior to the conclusion of the hearing, any participant may request a continuance of the hearing for the purpose of presenting additional evidence or testimony regarding the application. The hearings body upon its own motion may continue the hearing to a time and date certain. No additional notice of a continued hearing is required if the hearings body announces the continuation of the hearing to a date, time and place certain. The decision on whether to continue the hearing rests solely with the hearings body.

At the conclusion of the deliberations, the hearings body shall make an oral decision to approve, approve with conditions or deny the proposal or the appeal of the proposal based upon the applicable standards and criteria and the evidence and testimony in the record. The hearings body may also refer the matter to the City Traffic Engineer for further review and may retain jurisdiction over the decision. The hearings body’s oral decision is not a final decision. At any time prior to the adoption of the final order pursuant to paragraph 4 of this subsection, the hearings body may, after approving a motion to reconsider, modify or change the oral decision or choose to reopen the hearing, or both.

4. A final written order of the Traffic Commission decision shall be signed by the Chair on behalf of the Commission. The final written order shall consist of a brief statement that explains the criteria and standards considered relevant, states the facts relied upon in rendering the decision and explains the justification for the decision based upon the criteria, standards and facts set forth. The order shall also contain or incorporate by reference any conditions of approval deemed necessary or appropriate by the hearings body. A proposed order may be prepared by the City Traffic Engineer or by the prevailing party subject to review and approval of the City Traffic Engineer.

5. In the absence of a properly filed Notice of Intent to Appeal, the Traffic Commission’s decision shall appear on the City Council’s agenda as a consent item following the expiration of the appeal period. Upon approval by the Council, the decision shall be considered final. Prior to approval, the City Council may, by motion, decide to conduct its own hearing. Any hearing by the City Council shall be in accordance with Subsections E through H of this section.

6. Notice of the Traffic Commission’s decision shall be sent by regular mail to the person who submitted the proposal or appeal of the proposal and to all persons who testified either orally or in writing before the hearings body. The notice shall be sent within 3 calendar days after the signing of the final written order by the Chair. The notice shall include the date (of the notice), a brief summary of the final decision, a geographical reference to the location of the traffic issue, a statement that a copy of the final written order is available for review at City offices and in the case of notice of a Traffic Commission decision, a statement that the decision may be appealed by filing a written Notice of Intent to Appeal with the City Recorder within ten calendar days of the date of the final written order and a reference to the requirements for filing a Notice of Intent to Appeal contained in subsection C of this section.

C. Appeals to the City Council. A final decision of the Traffic Commission may be appealed to the City Council by the person who submitted the proposal or the appeal of the proposal or by any person who appeared before the Traffic Commission either orally or in writing regarding the proposal. An appeal shall be made by filing a Notice of Intent to Appeal with the City Recorder within ten (10) days of the date of the Traffic Commission’s final written order. A Notice of Intent to Appeal shall be in writing and shall contain:

1. A reference to the proposal, the number and date of the final written order;

2. A statement that demonstrates that the appellant is the person who submitted the proposal or appeal of the proposal, or appeared either orally or in writing in front of the Traffic Commission;

3. The name, address, and signature of the appellant or the appellant’s representative;

4. An appeal fee as established by resolution of the Council, unless the appeal is filed by the Mayor or a local government agency or unless the fee is waived by motion and order of the City Council; and

5. A discussion of the specific issues raised for Council’s consideration and the specific reasons why the appellant contends that the decision by the Traffic Commission is incorrect or not in conformance with the applicable criteria.

D. Rejection of Appeals. The City Recorder shall reject the appeal if it is not filed within the 10 day appeal period or in the proper form or does not include the filing fee, as required by or set forth in subsection C of this section. If the City Recorder rejects an appeal, the City Recorder shall so notify the appellant by regular mail. Such notification shall include a brief explanation of the reason why the City Recorder rejects the appeal. The decision of the City Recorder to reject an appeal pursuant to this section is a final City decision as of the date of the letter and is not subject to appeal to the Traffic Commission or the City Council. The appellant shall be allowed to correct a failure to comply with subsection C of this section, if the correction can be made and is made within the 10 day appeal period provided in subsection C of this section.

E. Record of Proceedings. Following receipt of a Notice of Intent to Appeal filed in compliance with subsection C of this section, the City Traffic Engineer shall prepare a record for Council review containing:

1. all staff reports and memoranda prepared regarding the proposal that were presented to the Traffic Commission;

2. minutes of all Traffic Commission proceedings at which the proposal was considered;

3. all written testimony and all exhibits, maps, documents or other written materials presented to the City Traffic Engineer and the Traffic Commission during the proceedings on the proposal; and

4. the final written order of the Traffic Commission.

A transcript of the Traffic Commission proceedings is not required, however any person who appeared before the Traffic Commission may prepare a certified transcript of all or any part of the Traffic Commission proceedings at that person’s own expense, and such certified transcript shall be accepted into evidence and considered by the City Council.

F. Notice of Appeal Hearing. Except for an emergency action, written notice of the appeal hearing before the City Council shall be sent by regular mail no later than 14 days prior to the date of the hearing to the appellant, the person who submitted the proposal if different from the appellant, and all persons who testified either orally or in writing before the Traffic Commission. In the case of an emergency action, notice shall be given by publication in a newspaper of general circulation at any time prior to the start of the hearing. Notice contents shall be in accordance with subsection B.2 of this section. In addition, the notice shall state that a copy of the decision being appealed, the proposal and all documents and evidence contained in the record and the applicable criteria are available for inspection at no cost and will be provided at reasonable cost; and include a general statement of the requirements for submission of testimony and procedure for conduct of the hearing.

G. Scope of City Council Review of Appeals. City Council review of appeals shall be on the record. Any person may testify before the City Council, but testimony will be limited to issues previously raised before the Traffic Commission. Council on its own motion may hold a de novo hearing that would allow new evidence to be presented.

H. Conduct of the Appeal Hearing. The Council shall conduct a hearing on appeal in accordance with Beaverton Code 2.11.010. The Council may affirm, reverse, modify in whole or in part, affirm the proposal with one or more conditions or remand the action or decision of the Traffic Commission. A final written order of the Council shall be prepared and presented to the Council for approval. [BC 6.02.065, added by Ordinance No. 4026, 11/5/98; amended by Ordinance No. 4225(2), 9/9/02]

6.02.070 Existing Traffic Control Devices.

Official traffic control devices installed prior to the adoption of this ordinance are lawfully authorized. [BC 6.02.070, added by Ordinance No. 4026, 11/5/98]

6.02.075 Road Closures.

A. Procedure. A request for a road closure shall be processed as a major issue under BC 6.02.065 A.2, unless the request is part of a development review issue as defined in BC 6.02.055.

B. Eligibility Criteria. In order to recommend a road closure, the Traffic Commission must find that the road closure meets all of the following eligibility criteria in addition to the standards of BC 6.02.060(A):

1. The subject road is classified in the Comprehensive Plan as a “local” street.

2. Documentation has been submitted indicating that neighborhood users of the street support the proposed road closure. The documentation shall include written expressions of interest or a record of testimony at a public meeting. Neighborhood user of the street is defined as a person who, from their trip origin, can enter or use the subject street or street section without first traveling on or crossing a collector or arterial street.

3. A change in traffic patterns has substantially increased traffic volumes beyond acceptable levels that could not have been reasonably anticipated, or has created a substantial safety issue that cannot be resolved by other means.

4. Closure of the subject street will not substantially increase the traffic volumes on other local streets, will not substantially diminish safety on other streets, and will not substantially increase vehicle miles traveled.

C. Survey. If the Traffic Commission and City Council determine that a road closure request satisfies the standards and criteria for closure, a survey shall be conducted by the City to verify the extent of support from neighborhood users of the street. The survey area shall be conclusively determined by the City Traffic Engineer prior to the commencement of the survey, and shall generally include all properties where a person from their trip origin can enter or use the subject street or street section without first traveling on or crossing a collector or arterial street. For each tax lot within the survey area, one person may respond as a representative of the property owner(s). In addition, for each residential unit and each business in the survey area, if the occupant of the unit is not the property owner, one person may respond as a representative of the tenant(s) of the unit.

1. The City shall mail a response form to all the identified property owners, households, and business owners in the survey area. The response form shall provide a place for a respondent(s) to indicate whether the respondent favors or opposes the proposed closure and shall include a deadline of 30 days from the City’s mailing date for return of the response form. The mailing shall also include a description of the proposed road closure and a neutral list of arguments for and against the proposed road closure. Failure of any person to receive a response form shall not invalidate survey results.

2. The road closure will continue to be considered only if responses in favor of the proposal are received from at least two-thirds of all those who were mailed a response form.

D. Test Period. If the results of the survey indicate that at least two-thirds of all those who were mailed a response form support the proposed road closure, the street shall be closed for a test period of at least 120 days. The test period shall be conducted at a time that, in the opinion of the City Traffic Engineer, reflects peak traffic volumes on weekdays, weekends, and seasonable peaks as appropriate.

E. Request for Permanent Closure. Following the 120-day test period, the City Traffic Engineer shall initiate a request for permanent street closure to be considered as a major issue under BC 6.02.065(A)(2). [BC 6.02.075, added by Ordinance No. 4096, 3/27/00]

6.02.080 Designation of a Residential Permit Parking District or Amendment of an Existing Residential Permit Parking District.

To protect residential areas from polluted air, excessive noise, and refuse related to use of motor vehicles by persons not residing in such residential areas, to protect residents of such areas from unreasonable burdens in gaining access to and from their residences, to preserve the residential character of these areas, and to enable timely emergency services, the City may designate and from time to time amend residential permit parking districts in accordance with this section.

A. Procedure.

1. A request to designate a residential permit parking district or amend an existing residential permit parking district shall be processed as a major issue.

2. If a request is received, the City shall initiate the required studies in subsection C of this section to determine if the proposed area meets the standards.

B. Fees.

1. For each residential permit parking district established under this section, the Traffic Commission shall recommend a parking permit fee based on the cost to implement and administer the district.

2. The final written order shall include the fee.

3. The fee shall not exceed the City’s costs to administer and enforce the permit program.

C. Standards. In addition to the standards of BC 6.02.060 A, designation of a residential permit parking district or amendment to an existing district shall require the following findings:

1. The boundary of the proposed residential permit parking district or amendment to an existing district includes one or more public streets and all properties abutting the street(s) to be shown by a text description and a drawing.

2. At least 75% of the available parking spaces on the public streets within the proposed district boundaries are occupied at least four days per week for at least 16 weeks in any 52 week period. If parking spaces are not marked, the City shall determine the number of available parking spaces.

3. Designation of a residential permit parking district or an amended designation will not diminish traffic safety, substantially increase vehicle miles traveled, or cause occupancy of available parking spaces in any adjacent residential area to rise to the levels stated above in item 2 of this subsection.

4. A survey conducted by the City shows that persons representing the owners of at least two thirds of all residential properties within the district have responded in favor of the proposal. The survey shall include both a textual and graphic description of the proposed district boundary, and shall be mailed to the owner of record for each property. Only one response shall be accepted for each residential property within the proposed district. The survey area for an amended designation shall be limited to only those properties within the proposed amended area.

a. The survey form shall solicit responses in favor or in opposition to the proposal.

(i) The response form shall also include the option to abstain from supporting or opposing the proposal.

(ii) When the respondent chooses to abstain, that property shall be deducted from the total number of properties prior to calculating the two thirds majority.

(iii) Responses that do not show if the respondent favors or opposes the proposed district shall not be counted in determining the required majority.

(iv) A response must be received no later than 30 days from the date of mailing to be counted.

b. Failure of any person to receive a response form shall not invalidate survey results.

D. Obtaining a Residential Parking Permit. A person wishing to obtain a vehicle parking permit authorized by this subsection shall abide by the applicable provisions of BC 6.02.390. [BC 6.02.080, added by Ordinance No. 4205(3), 5/13/02]

6.02.085 Designation of Parking Management Zones.

The City Council may adopt parking management zones as recommended and processed through the Traffic Issue Process of this code. Such management zones shall serve patrons, encourage mixed-use development, and support desired economic uses within that zone.

A.  Regional Center Old Town Parking Zones 1 and 2.

1. Zone 1 is 3rd Street (between Tucker Avenue and Watson Avenue), Watson Avenue (between 3rd Street and Broadway Street), Broadway Street (between Watson Avenue and East Avenue), Hall Boulevard (between Broadway Street and Farmington Road), Farmington Road (between Hall Boulevard and Tucker Avenue), and Tucker Avenue on the east (between Farmington Road and 3rd Street and including the small segment of 2nd Street that connects the two segments of Tucker Avenue).

2. Zone 2 is 5th Street (between the railroad tracks and Stott Avenue), Stott Avenue (between 5th Street and Farmington Road), Farmington Road (between Stott Avenue and Cedar Hills Boulevard), Cedar Hills Boulevard (between Farmington Road and Canyon Road), Canyon Road (between Cedar Hills Boulevard and Broadway Street to the east), Broadway Street (between Canyon Road and Lombard Avenue), Lombard Avenue (between Broadway Street and the railroad tracks at Lombard Avenue and old Beaverton Hillsdale Highway, and south beside the railroad tracks to 5th Street). [BC 6.02.085, added by Ordinance No. 4445, 8/13/07; amended by Ordinance No. 4467, 1/7/08]

III. ADMINISTRATION

6.02.100 Powers of the Council.

Subject to state laws, the Council shall exercise all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another City ordinance or Code section.

6.02.110 Repealed.

[BC 6.02.110, repealed by Ordinance No. 4026, 11/5/98]

6.02.120 Repealed.

[BC 6.02.120, repealed by Ordinance No. 4026, 11/5/98]

6.02.130 Repealed.

[BC 6.02.130, repealed by Ordinance No. 4026, 11/5/98]

6.02.140 Repealed.

[BC 6.02.140, repealed by Ordinance No. 4026, 11/5/98]

6.02.150 Repealed.

[BC 6.02.150, repealed by Ordinance No. 4026, 11/5/98]

IV. GENERAL REGULATIONS

6.02.200 Rules of the Road.

In addition to state law, the following shall apply to the operation of vehicles upon the streets of the City:

A. The operator of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic, and shall yield the right-of-way to moving traffic and pedestrians.

B. The operator of a vehicle in the traffic lane shall have the right-of-way over an operator of a vehicle departing from a parking space.

C. No operator of a vehicle shall pull away from a curb or other parking area without giving an appropriate turn signal when other traffic may be affected.

D. Where a stop sign is erected at or near the entrance to an intersection, the operator of a vehicle approaching shall bring the vehicle to a stop before crossing a stop line or crosswalk; or, if none, then before entering the intersection. Stopping at a point which does not yield an unobstructed view of traffic on the intersecting street shall not constitute compliance with the requirements of this subsection.

6.02.205 Earphones.

No person shall operate a motor vehicle or bicycle upon a highway as defined in ORS 481.020 while one or both of the person’s ears are covered or occupied by headphones or earphones. [BC 6.02.205, added by Ordinance No. 3469, 10/8/85]

6.02.210 Crossing Private Property.

No operator of a vehicle shall proceed from one street to another street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services.

6.02.215 Exhaust Brakes.

No person shall use a compression braking system in conjunction with the operation of a motor vehicle, except for a person operating an emergency services vehicle (a fire engine or similar apparatus) equipped with a muffled exhaust braking system or except to avoid imminent danger to person or property. Compression braking systems, commonly found on trucks and busses and referred to as “Jake” brakes, convert an internal combustion engine into an air compressor for the purpose of slowing or stopping a vehicle with the use of wheel brakes. [BC 6.02.215, added by Ordinance No. 3470, 10/7/85; amended by Ordinance No. 3538, 10/21/86; Ordinance No. 4346, 4/4/05]

6.02.220 Repealed.

[BC 6.02.220 repealed by Ordinance No. 4258, 7/14/03]

6.02.230 Rollerskates, Sleds, etc.

No person shall:

A. Use the streets for traveling on skis, toboggans, sleds, or similar devices, except where authorized.

B. Use rollerskates or skateboards on sidewalks in the business district or on any street, except as authorized or except to cross at a crosswalk.

6.02.240 Damaging Sidewalks and Curbs.

A. The operator of a motor vehicle shall not drive upon a sidewalk, planter or decorative median strip, or street 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.

6.02.250 Obstructing Streets.

A. No unauthorized person shall obstruct the free movement of vehicles or pedestrians using the streets.

B. No person shall park or stand a motor vehicle in such a manner that it constitutes a hazardous vehicle as defined in BC 6.05.010.

C. No person shall park or stand a vehicle upon or obstructing any street or other premises open to the public marked with a curb or surface marking, or posted with a sign, indicating the premises are set aside as a fire lane, fire apparatus access road, or access curb. [BC 6.02.250 amended by Ordinance No. 4321, 9/21/04]

6.02.270 Parks.

No person shall ride a horse or operate or park a motor vehicle in any place in a City park or any other city-owned property, except on a street, parking area, parking lot or a place designated by signs providing therefor.

6.02.280 Repealed.

[BC 6.02.280 repealed by Ordinance No. 4258, 7/14/03]

6.02.290 Repealed.

[BC 6.02.290 added by Ordinance No. 3620, 6/27/88, repealed by Ordinance No. 4258, 7/14/03]

V. PARKING REGULATIONS

6.02.300 Method of Parking.

A. No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking.

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

C. 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 deprive the operator of that priority or block the access.

D. Whenever the operator of a vehicle is knowingly 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.

6.02.305 Prohibited Parking in Specified Places.

No person shall stop, stand or park a motor vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal in any of the following places:

A. Within fifty feet of any uncontrolled intersection or any intersection controlled with side-mounted stop signs, side-mounted yield signs, or side-mounted signals, except: l) on one-way streets leaving an intersection, or 2) on streets otherwise signed, if:

1. the vehicle is over six feet in height, or

2. the vehicle is less than six feet in height, but by manufacture or modification, obscures the vision of:

a. any official side-mounted traffic control sign or signal;

b. intersection traffic; or

c. any pedestrian in a crosswalk.

Such vehicles described in subsection A2 are inclusive of, but not limited to:

Vehicles with darkened, shaded or curtained windows.

Vehicles modified to eliminate side window(s) and/or rear window(s).

Vehicles with visibility through windows blocked by parcels, packages, or freight.

Pickup vehicles of less than six feet in height but mounted with a canopy or camper with limited visibility through it.

Panel trucks with no side and/or rear window(s).

An “uncontrolled intersection” is one where there are no traffic regulating signs or signals.

6.02.310 Prohibited Parking or Standing.

No person shall park or stand:

A. A vehicle in violation of state motor vehicle laws or on the public right-of-way 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 the Oregon Vehicle Code 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.

D. A vehicle upon a bridge, viaduct, or other elevated structure used as a street or within a street tunnel unless authorized.

E. A vehicle upon a parkway or freeway, except as authorized.

F. Repealed by Ordinance No. 4415.

G. A vehicle for a period in excess of a maximum parking time limit where so designated by sign or other marking. Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking.

H. Unless otherwise indicated, a vehicle within 20 feet of an intersection except momentarily to pick up or discharge a passenger.

I. Any trailer house, camp trailer, mobile home, auto home, camp car, recreational vehicle, boat, boat trailer, utility trailer, or any other device not primarily intended for the transportation of people, upon any street, such that the device has not moved at least one tenth of a mile within 48 hours.

J. A vehicle on a street or public place or premises open to the public without a license plate or a vehicle with a license plate or temporary licensing permit which is expired for more than one month.

K. A vehicle any place on premises occupied by the city police station that is marked as a place for police parking only.

L. A motor vehicle upon a sidewalk, curb, planting strip or median within the public right-of-way.

M. A vehicle in front of and 10 feet on either side of a mailbox during the hours of 8:00 a.m. to 6:00 p.m., except Sundays and federal holidays. [BC 6.02.310, amended by Ordinance No. 3278, 8/17/82; Ordinance No. 3365, 4/10/84; Ordinance No. 3427, 1/22/85; Ordinance No. 3447, 5/14/85; Ordinance No. 3537, 10/21/86; Ordinance No. 3560, 4/14/87; Ordinance No. 4053(3), 8/3/99; Ordinance No. 4185, 12/17/01; Ordinance No. 4415, 12/11/06; Ordinance No. 4614, 6/11/13]

6.02.320 Prohibited Parking of Vehicles for Vending Purposes.

No person shall park or leave standing a vehicle on city-owned premises or on a right-of-way of a city highway for the purpose of advertising, selling or offering merchandise for sale, including the vehicle itself, except pursuant to written agreement with the city. [BC 6.02.320, amended by Ordinance No. 3890, 3/28/94; Ordinance No. 4258, 7/14/03]

6.02.322 Definitions for BC 6.02.323 and 6.02.324.

As used in BC 6.02.323 and 6.02.324:

“Camp” means set up, or remain in a vehicle, for the purpose of establishing or maintaining a temporary place to live.

“Commercial parking lot” means a parking lot adjacent to a commercial structure, or a lot if not adjacent then within the control of the commercial interest occupying the structure, which lot is privately owned but open to the public. As used in BC 6.02.324 only, “commercial parking lot” also includes a parking lot owned or controlled by a religious institution, place of worship, public service nonprofit, or public entity.

“Commercial structure” means a building in which the predominant activity is connected with the sale, rental or distribution of or performance of services to end users of products or services.

“Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship.

“Sanitary facilities” include, but are not limited to, toilet, hand washing, and trash disposal facilities.

“Vehicle” means a trailer house, camp trailer, mobile home, auto home, camp car, recreational vehicle, van, automobile, or similar conveyance. [BC 6.02.322, added by Ordinance No. 4743, 10/10/18; amended by Ordinance No. 4773, 9/17/19]

6.02.323 Prohibited Vehicle Camping.

A. Except as authorized by BC 6.02.324, a person shall not camp in a commercial parking lot.

B. A person in charge of a commercial structure or parking lot who believes that it is more likely than not that a person is camping in violation of this section shall do all of the following:

1. Make a reasonable effort under the circumstances to locate the operator of the offending vehicle; and

2. Make a reasonable effort under the circumstances to request that the person cease the offending conduct.

C. A person in charge of a commercial structure or parking lot who fails to follow the sequence of events listed in subsection B of this section commits a Class 2 civil infraction. [BC 6.02.323, added by Ordinance No. 4384, 3/6/06; amended by Ordinance No. 4743, 10/10/18]

6.02.324 Permitted Vehicle Camping.

A. A property owner may allow a person to camp in a commercial parking lot if (1) expressly authorized by the Mayor under a program administered by the Mayor and established by Council resolution, and (2) the property owner complies with the requirements outlined in subsection B of this section.

B. Each property owner described in subsection A of this section shall:

1. Permit the designated program manager to enter the commercial parking lot. The designated program manager is responsible for the intake, placement, and case management of the persons camping in a commercial parking lot.

2. Permit sanitary facilities, including but not limited to toilet, hand washing and trash disposal facilities, to be placed at the commercial parking lot for persons camping in a commercial parking lot.

3. Permit a storage container to be placed on the commercial parking lot for persons camping to store personal items such that the items are not visible from any public right-of-way.

4. Not require any payment from persons camping in a commercial parking lot.

C. A property owner described in subsection A of this section may establish additional regulations for use of its commercial parking lot. A property owner may revoke permission for a person to camp in a commercial parking lot at any time if the person violates a property owner’s regulations.

D. A property owner described in subsection A of this section who does not comply with this section commits a Class 2 civil infraction. [BC 6.02.324, added by Ordinance No. 4743, 10/10/18; amended by Ordinance No. 4773, 9/17/19]

6.02.325 Prohibited Repair of Vehicle.

No person shall park or leave standing a vehicle on city-owned property or on a right-of-way of a city highway for the purpose of repairing or servicing the vehicle, except pursuant to written agreement with the city or under circumstances where repair or service of the vehicle is necessitated by an unforeseeable emergency. [BC 6.02.325, amended by Ordinance No. 4258, 7/14/03]

6.02.330 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 loading zone are in effect. In no case when the hours applicable to 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.

6.02.340 Unattended Vehicles.

No operator or person in charge of a motor vehicle shall park it or allow it to be parked unattended on a street, on premises open to the public or on a new or used car lot without first stopping the engine, turning the front wheels to the curb, if any, locking the ignition, removing the ignition key from the vehicle, and effectively setting the brake.

If the vehicle is attended, the ignition key need not be removed.

6.02.350 Standing or Parking of Buses and Taxicabs.

The operator of a bus or taxicab shall not stand or park the vehicle upon 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.

6.02.360 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.

6.02.370 Lights on Parked Vehicle.

No lights need be displayed upon a vehicle that is parked in accordance with this ordinance upon a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle.

6.02.380 Exemption.

The provisions of this ordinance regulating the parking or standing of vehicles shall not apply:

A. To a vehicle of the City, county or state or public utility while necessarily in use for construction, repair or other work on a street,

B. A vehicle owned by the United States while in use for the collection, transportation or delivery of mail, or

C. Vehicles of disabled persons who comply with the provisions of the Oregon Vehicle Code.

VI. PERMIT PARKING AREAS

6.02.390 Downtown and Residential Permit Parking Districts.

The following provisions shall apply to residential permit parking districts authorized by BC 6.02.080 and to the following Beaverton Downtown Permit Parking District:

A. Beaverton Downtown Permit Parking District Eligibility Area. For purposes of parking permit eligibility under subsection D of this section, the boundaries of the Beaverton Downtown Permit Parking District are as follows:

1. On the north, the Tri Met light rail right-of-way from Cedar Hills Boulevard to Lombard Avenue;

2. On the west, Cedar Hills Boulevard from the Tri Met light rail right-of-way to Farmington Road, east along Farmington Road to Stott Avenue, and Stott Avenue from Farmington Road to 3rd Street;

3. On the south, 3rd Street from Stott Avenue to Tucker Avenue, Tucker Avenue from 3rd Street to 2nd Street, and 2nd Street from Tucker Avenue to Lombard Avenue; and

4. On the east, Lombard Avenue from 2nd Street to Broadway, Broadway from Lombard Avenue to Canyon Road, Canyon Road from Broadway to Lombard Avenue, Lombard Avenue from Canyon Road to the Tri Met light rail right-of-way.

5. Also included are those tax lots abutting the south line of 2nd Street from Tucker Avenue to Lombard Avenue.

B. A vehicle parking permit for a specified residential permit parking district allows parking of a permitted vehicle in excess of the posted parking time limit in the specified residential permit parking districts authorized by BC 6.02.080. In the Beaverton Downtown Permit Parking District, a vehicle parking permit allows parking of a permitted vehicle in excess of the posted parking time limit along the following City streets:

1. S.W. Broadway between S.W. Watson Avenue and S.W. Cedar Hills Boulevard;

2. S.W. 2nd Street between S.W. Hall Boulevard and S.W. Lombard Avenue;

3. S.W. 2nd Street between S.W. Watson Avenue and S.W. Angel Avenue;

4. The west side of S.W. Main Avenue between S.W. 1st Street and a point 125 feet south of S.W. 1st Street;

5. The south side of S.W. 1st Street between S.W. Stott Avenue and S.W. Main Avenue;

6. The west side of S.W. Rose Biggi Avenue between S.W. Beaverdam Road and S.W. Millikan Way;

7. The south side of S.W. 1st Street between Tucker Avenue and Hall Boulevard.

C. City Council’s Authority Over City-Owned Parking Lots.

1. The City Council by resolution may add other city-owned parking lots or remove those listed in this section.

2. Such action may be temporary or permanent.

3. The vehicle parking permit shall not preclude such action by the City Council, nor entitle the permit holder to recover the permit fee or any part thereof.

D. Parking Permit Eligibility.

1. In the Downtown or in a residential permit parking district, a person is eligible to obtain a vehicle parking permit, if the person who can demonstrate (either with a valid driver’s license, vehicle registration, or rent or utility receipt) that the person currently resides in the district for which the person requests a permit. A person using a vehicle owned by another person must present a notarized statement from the owner stating that the vehicle has been assigned to the applicant for the applicant’s personal use.

2. In the Beaverton Downtown Permit Parking District, a person also is eligible to obtain a vehicle parking permit, if the person is an employee of a business that is located within the District. The employee shall provide proof of eligibility by any document showing to the City’s satisfaction that the person is a current employee of a business located within the District and that the business holds a current, valid city business license. A business within the boundary may purchase vehicle parking permits for its employees who work within the Beaverton Downtown Permit Parking District eligibility area, if it shows proof of a current valid city business license.

E. Permit Applications.

1. A person desiring a vehicle parking permit must apply for same with the City Finance Department on a form prepared by the City and pay applicable fees.

2. Permit fees and changes to permit fees for permit parking districts authorized by this Code shall be by resolution of the City Council.

3. The fee shall not exceed the City’s costs to administer and enforce the permit program.

F. Parking Permit Design. Parking permit design shall be unique to each residential permit parking district, and to the Beaverton Downtown Permit Parking District’s eligibility area.

G. Theft or Loss of Vehicle Parking Permit.

1. A permit holder shall notify the City Finance Department of loss or theft of a vehicle parking permit within three business days.

2. The permit holder may purchase a replacement for one-half of the current fee, unless the person is disallowed from purchase due to improper use.

H. Use and Misuse of a Parking Permit; Suspension; Revocation.

1. A parking permit is valid until expiration, surrender, or revocation so long as the permit holder and its vehicle remain in compliance with all parking area regulations.

2. A parking permit is valid only in the area for which it is issued. A permit may be displayed only on a vehicle currently registered with the State where the vehicle owner resides.

3. The City may revoke and may require the surrender of a vehicle parking permit held by a person who is not eligible to possess or display the permit, or who commits misuse of a parking permit as defined in this section.

4. A person commits the offense of misusing a parking permit if a person does any of the following:

a. Displays a permit on a vehicle that is not currently registered with the State in which the vehicle owner resides;

b. Displays a permit obtained without meeting the eligibility requirements of BC 6.02.390 D and E;

c. Displays a permit that is expired, suspended, or revoked;

d. Obtains a permit from the City by misrepresentation;

e. Fails to surrender a permit at the City’s lawful request;

f. Duplicates or attempts to duplicate, by any means, a parking permit authorized under BC 6.02.390, or displays such a duplicate permit on any vehicle.

5. In addition to any fines or other penalties that may be imposed, upon conviction for misusing a parking permit, all permits issued to the offender and the right to apply for or display a permit shall be suspended for a period of three months.

6. In addition to any fines or other penalties that may be imposed, upon a second or subsequent conviction for misusing a parking permit within 12 months of a prior conviction for the same offense, the following shall apply:

a. All permits issued to the offender shall be revoked and returned to the City within three days of conviction;

b. The offender shall be disqualified from purchasing or otherwise obtaining or displaying a permit for 12 months following conviction.

7. Fines, suspensions, revocations, and any other punitive action against a person or a person’s ability to obtain parking permit privileges may be incorporated into a judgment of conviction for misusing a parking permit.

8. No person fined under this section may apply to display a parking permit until all fines have been paid.

9. Misuse of a parking permit is a violation punishable under BC 6.02.900.

I. Restrictions.

1. Display of a vehicle parking permit does not convey any privileges other than that of exceeding the posted permit parking time limit.

2. It does not authorize parking in any other restricted zone.

3. Permitted vehicles are subject to the provisions of BC 6.02.320 (displaying vehicle for sale; repairing or servicing vehicle).

4. Nothing in this ordinance shall limit the authority of any city police officer from requiring or causing the removal of any parked vehicle in an emergency or where the vehicle is subject to seizure or removal according to law.

J. Mayor’s Administration of Vehicle Parking Permit Program.

1. The Mayor or the Mayor’s designee shall be responsible for administration of the vehicle permit parking program under this ordinance.

2. The Mayor or the Mayor’s designee is authorized to prepare appropriate application forms, a permit decal and other reasonable and necessary forms and documentation for proper administration. [BC 6.02.390, added by Ordinance No. 3971, 1/7/97; amended by Ordinance No. 4109, 6/5/00; Ordinance No. 4205(4), 5/13/02; Ordinance No. 4251, 5/5/03; Ordinance No. 4264, 8/11/03; Ordinance No. 4403, 9/11/06; Ordinance No. 4467, 1/7/08]

VII. BICYCLES

6.02.400 Repealed.

[BC 6.02.400 repealed by Ordinance No. 4258, 7/14/03]

6.02.410 Repealed.

[BC 6.02.410 repealed by Ordinance No. 4258, 7/14/03]

6.02.420 Repealed.

[BC 6.02.420 repealed by Ordinance No. 4258, 7/14/03]

6.02.430 Impounding of Bicycles.

A. It shall be unlawful to leave a bicycle on public or private property without the consent of the person in charge or the owner thereof.

B. A bicycle left on public property for a period in excess of 72 hours may be impounded by the police department.

C. If a bicycle impounded under this section bears an Oregon driver’s license number or is licensed by this City or another City or other means of determining its ownership exists, the police shall make reasonable efforts to notify the owner.

D. An impoundment fee set by Council resolution shall be charged to the owner of a bicycle impounded under this section except where the bicycle was stolen.

E. A bicycle impounded under this chapter which remains unclaimed for 60 days, shall be disposed of in accordance with BC 2.05.010 through 2.05.026.

6.02.440 Repealed.

[BC 6.02.440 repealed by Ordinance No. 4258, 7/14/03]

VIII. PEDESTRIANS

6.02.500 Use of Sidewalks.

A pedestrian shall not use a street or the shoulder of a street for travel when a sidewalk is available.

6.02.510 Pedestrian Must Use Available Crosswalk.

No pedestrian shall cross a roadway outside of a marked crosswalk if within 150 feet of a marked crosswalk. [BC 6.02.510, amended by Ordinance No. 3883, 2/14/94]

6.02.520 Right Angles.

A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk.

IX. PARADES

6.02.600 Prohibited Activity.

No person shall organize or participate in a parade unless a permit has been obtained prior to commencement of the parade.

6.02.610 Exemption.

No parade permit shall be required for parades of 50 persons or less with no vehicles if the participants intend to use the City sidewalks and obey all pedestrian and traffic laws and do not wish to use the City streets for the parade.

6.02.620 Parade Permit.

A. Application for parade permits shall be made to the police chief at least 48 hours prior to the intended date and time of the parade, unless the time is waived or increased by the police chief.

B. In considering whether to waive or increase the minimum time within which an application for a permit must be made, the police chief shall base his decision on the following criteria:

1. whether the size, route or nature of the proposed parade is such that additional law enforcement resources are required and scheduling of or arranging for such resources requires further time;

2. whether additional time is needed to inform the public of the parade in order to minimize public inconvenience;

3. whether additional time is needed to evaluate whether the permit should be granted pursuant to this section.

C. 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 or animals which will be participating in the parade;

5. the proposed starting and ending time; and

6. the application shall be signed by the person designated as the chairperson of the event.

D. If the police chief, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, the police chief shall approve the route and date and issue the permit.

E. If the police chief determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, the police chief may issue the permit with an alternate route or an alternate date. In determining whether to propose a different route or date, the police chief shall consider the following:

1. whether the parade is likely to cause excessive traffic congestion including vehicle flow, parking and pedestrian passage;

2. whether the parade is likely to substantially interfere with the orderly operation of governmental or commercial activity by blocking access to governmental or commercial premises for a long period of time;

3. whether the parade is likely to substantially interfere with previously approved or planned parades or public gatherings.

6.02.625 Denial of Permit.

A. If the police chief determines that the parade cannot be conducted without seriously inconveniencing the general public or seriously endangering public safety, the police chief shall deny the permit. In determining whether public safety is endangered, the police chief shall consider any concrete evidence indicating a specific intent on the part of the parade organizers or participants to engage in violence during the parade.

B. If the police chief denies the license, written findings shall be issued specifying the reasons for the decision and a copy of the findings shall be furnished to the applicant.

6.02.630 Notification of Decision.

The police chief shall notify the applicant of the decision within 48 hours of receipt of the application or at least one hour, prior to the scheduled time of the parade where the 48 hour application period has been waived. The copy of the written findings provided for in BC 6.02.625 B shall be furnished to the applicant at the time of notification of the police chief’s decision.

6.02.635 Police Chief Authorized to Promulgate Rules.

The police chief shall promulgate administrative rules governing the issuance of parade permits. Such rules may include, but need not be limited to, the following provisions:

1. designating certain major streets which cannot be used for parades;

2. impose insurance obligations and costs for extra police services for parade organizers and exemptions from the obligations and costs for indigent organizers.

6.02.640 Appeal to Council.

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

B. The mayor shall schedule a hearing date which shall not be later than three days following the filing of the written appeal with the City recorder and shall notify the applicant of the date and time that the applicant or the applicant’s representative may appear. The President of the Council may appoint a Councilor or committee of Councilors to hear the appeal.

6.02.650 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.

6.02.660 Permit Revocable.

The police chief may revoke or suspend a parade permit if:

A. An imminent threat of violence and personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed, and a request to disband the parade made to the parade organizers has been refused;

B. Actual violence that endangers public safety has been caused by parade participants and public safety cannot be protected without revocation of the permit; or

C. There is significant deviation from the route designated in the application or approval, or assembly at points not shown in the application or approval, which occurs without approval of the police officer in charge of the parade escort. Revocation or suspension shall be in accordance with the Uniform Revocation Procedure set forth in BC 2.05.050 through 2.05.066.

6.02.670 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 which 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 headlamps turned on.

E. No person shall unreasonably interfere with a funeral procession.

F. No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession.

X. PARKING CITATIONS AND OWNER RESPONSIBILITY

6.02.700 Parking Citation on Illegally Parked Vehicle.

A. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter or state law, the parking enforcement officer finding the vehicle shall conspicuously affix to the vehicle a parking citation that clearly states:

1. The date, place, and nature of the charge.

2. The time and place for the person’s appearance in court.

3. The name of the parking enforcement officer issuing the citation.

4. The license plate of the vehicle.

B. The parking citation shall instruct the person to answer to the charge or pay the penalty imposed within a specific number of days and during specific hours.

C. The parking citation shall contain a statement notifying the person that a judgment may be entered against the person up to the maximum amount of fines, assessments, and other costs allowed by law for the parking violation if the person does not pay the penalty imposed, or fails to appear at the time, date, and court specified in the parking citation, or fails to appear at subsequently-scheduled hearings in the matter.

D. The parking citation shall also contain a statement notifying the person that the person’s vehicle is subject to a tow if there are four or more unpaid parking citations that have been issued to the same vehicle. [BC 6.02.700, repealed and replaced by Ordinance No. 4742, 10/2/18]

6.02.710 Owner Responsibility.

Every person in whose name a vehicle is registered shall be responsible for any parking violation of the provisions of this Code. It shall be no defense that the vehicle was parked illegally by another unless proof is presented that said vehicle has been stolen and has not been returned to the registered owner by the date of the violation. The registered owner of a vehicle is not responsible for any parking violation if proof is presented that said vehicle has been sold prior to the date of the violation and not reregistered, in which case the purchaser shall be responsible. [BC 6.02.720, amended by Ordinance No. 3327, 7/19/83; repealed and replaced by Ordinance No. 4742, 10/2/18. Formerly 6.02.720]

6.02.720 Parking Enforcement Officers.

The Mayor may authorize a person to issue parking citations on behalf of the city if the person agrees to enforce the City’s ordinances and regulations relating to the parking of vehicles as a part of an organized program administered by the City. Such a person shall be considered a parking enforcement officer and shall have full authority to assist in the enforcement of the City’s ordinances and regulations relating to parking, including but not limited to the issuance of parking citations. [BC 6.02.750, added by Ordinance No. 3884, 2/14/94, amended by Ordinance 4258, 7/14/03; repealed and replaced by Ordinance No. 4742, 10/2/18. Formerly 6.02.750]

XI. HEARINGS FOR PARKING CITATIONS

6.02.800 Repealed.

[BC 6.02.800 repealed by Ordinance No. 4053(5), 8/3/99]

6.02.801 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. [BC 6.02.801, added by Ordinance No. 4742, 10/2/18]

6.02.802 Proof by Preponderance.

Except as otherwise provided by the ORS provisions adopted in BC 6.02.020, proof of any violation of this chapter shall be by a preponderance of the evidence. [BC 6.02.802, added by Ordinance No. 4742, 10/2/18]

6.02.803 Procedures without a Hearing for Parking Violations.

A. A Beaverton municipal judge may proceed to make a determination and enter a judgment on a parking citation without a hearing if:

1. None of the registered owners of the vehicle appear within the time allowed in the Beaverton Municipal Court;

2. Notice of the parking citation and the provisions of this section are mailed to the registered owner or owners of the vehicle at the address or addresses reflected in the records of the Department of Transportation; and

3. No request for a hearing is filed with the Court within the time provided on the citation.

In no event shall a judgment be taken sooner than 60 days from the date of the citation and without prior notice by mail to the person against whom the judgment is taken.

B. A Beaverton municipal judge may proceed to make a determination and enter a judgment without a hearing if at least one of the registered owners appears within the time allowed in Beaverton Municipal Court and requests a hearing, but thereafter fails to appear at the time and date set for any subsequent hearing in the matter. If a determination is made under this subsection and a judgment is entered, the Beaverton Municipal Court shall then mail notice of any sentence and judgment to the registered owner or owners of the vehicle at the address or addresses reflected in the records of the Department of Transportation or the most recent address on file with Beaverton Municipal Court.

C. A determination under this section shall be on the citation and on any evidence that a Beaverton municipal judge may, in his or her discretion, determine to be appropriate.

D. Upon making a determination under this section, a Beaverton municipal judge may enter judgment, and, if the determination is one of conviction, may impose a sentence of a fine within the limits established for the parking violation along with a money award for costs, assessments, and other amounts authorized by law.

E. On motion and upon such terms as are just, a Beaverton municipal judge may relieve a person from a judgment entered in this section upon a showing that the failure of the person to appear was due to mistake, inadvertence, surprise or excusable neglect. The motion must be made within a reasonable time, and in no event more than one year after entry of judgment in the matter. [BC 6.02.803, added by Ordinance No. 4742, 10/2/18; amended by Ordinance No. 4762, 5/7/19]

6.02.805 Repealed.

[BC 6.02.805, repealed by Ordinance No. 4742, 10/2/18]

6.02.810 Repealed.

[BC 6.02.810, repealed by Ordinance No. 4742, 10/2/18]

6.02.815 Repealed.

[BC 6.02.815, repealed by Ordinance No. 4742, 10/2/18]

6.02.820 Repealed.

[BC 6.02.820, repealed by Ordinance No. 4742, 10/2/18]

6.02.825 Repealed.

[BC 6.02.825, repealed by Ordinance No. 4742, 10/2/18]

6.02.830 Repealed.

[BC 6.02.830, repealed by Ordinance No. 4742, 10/2/18]

6.02.840 Repealed.

[BC 6.02.840 A, amended by Ordinance No. 3322, 5/24/83; BC 6.02.840 B, added by Ordinance No. 3322, 5/24/83; repealed by Ordinance No. 4742, 10/2/18]

6.02.845 Repealed.

[BC 6.02.845, repealed by Ordinance No. 4742, 10/2/18]

6.02.850 Repealed.

[BC 6.02.850, repealed by Ordinance No. 4742, 10/2/18]

6.02.855 Repealed.

[BC 6.02.855, repealed by Ordinance No. 4742, 10/2/18]

6.02.890 Repealed.

[BC 6.02.890, added by Ordinance No. 4053(6), 8/3/99; repealed by Ordinance No. 4742, 10/2/18]

6.02.900 Penalties.

A. Violation of any provisions of BC 6.02.200 through 6.02.270 is punishable upon conviction by a fine not to exceed $300.00.

B. Violation of any provision of BC 6.02.300 through 6.02.670 is punishable upon conviction by a fine not to exceed $75.00.

C. A violation of a provision identical to a state statute is punishable by a fine not to exceed the penalty prescribed by the state statute. [BC 6.02.900, amended by Ordinance No. 4258, 7/14/03]