Chapter 10.00
GENERAL PROVISIONS

Sections:

10.00.010    Short title.

10.00.020    Applicability of state traffic laws.

10.00.030    Definitions.

10.00.010 Short title.

The ordinance codified in this title may be cited as the “City of Burns Uniform Vehicle Ordinance.” [Ord. 24-903 § 2 (Exh. A), 2024]

10.00.020 Applicability of state traffic laws.

Violations under the Oregon Vehicle Code (ORS Title 59) shall be offenses against the city. [Ord. 24-903 § 2 (Exh. A), 2024]

10.00.030 Definitions.

In addition to those definitions contained in the Oregon Vehicle Code, the following words or phrases, except where the context clearly indicates a different meaning, shall be defined as follows:

“Abandoned vehicle” means a vehicle that remains parked or kept on a street or other public right-of-way for more than 72 hours, without having been issued a permit by the city.

“All-terrain vehicle(s)” and “ATV(s)” means Class I all-terrain vehicles, Class II all-terrain vehicles, Class III all-terrain vehicles, and/or Class IV all-terrain vehicles.

“Bicycle” means a nonmotorized (propelled by human power) or motorized (electric or gasoline) vehicle that (a) has a seat or saddle for use of the rider, (b) is designed to travel with no more than three wheels in contact with the ground, and (c) has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter.

“City” means the city of Burns, an Oregon municipal corporation.

“City council” or “council” means city’s elected governing body.

“Class I all-terrain vehicle” means a motorized, off-highway recreational vehicle that (a) is 50 inches or less in width, (b) has a dry weight of 1,200 pounds or less, (c) travels on three or more tires designed for off-road use only, (d) uses handlebars for steering, (e) has a seat designed to be straddled for the operator, and (f) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. Class I all-terrain vehicles may also be known as quads, three-wheelers, or four-wheelers.

“Class II all-terrain vehicle” means any motor vehicle that (a) weighs more than or is wider than a Class I all-terrain vehicle, (b) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, (c) is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191, and (d) is not a Class IV all-terrain vehicle. Class II all-terrain vehicles may also be known as four-by-fours, pickups, jeeps, sand rails, dune buggies, or SUVs.

“Class III all-terrain vehicle” means a motorcycle that travels on two tires and that is actually being operated off highway or street. Class III all-terrain vehicles may also be known as motorbikes or dirt bikes.

“Class IV all-terrain vehicle” means any motor vehicle that (a) travels on four or more tires designed for off-road use only, (b) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, (c) has non-straddle seating, (d) has a steering wheel for steering control, (e) has a dry weight of 3,500 pounds or less, (f) is 75 inches wide or less at its widest point, and (g) was originally manufactured for off-road use only. Class IV all-terrain vehicles may also be known as side-by-sides.

“Code” or “BMC” means the Burns Municipal Code.

“Commercial vehicle” has the meaning given that term in ORS 801.208.

“Derelict vehicle” means a vehicle that remains parked or kept on a street or other public right-of-way for more than 24 hours, without having a current and valid permit issued by city, and one or more of the following conditions exist: (a) the vehicle does not have a lawfully affixed, current and valid registration sticker displayed on the vehicle license plate, or fails to visibly display a current temporary vehicle registration, (b) the vehicle appears to be inoperative or disabled, and/or (c) the vehicle appears to be wrecked, totaled, partially dismantled, or junked. A vehicle the city believes to be currently inhabited is not a derelict vehicle for the purposes of this definition but may be subject to Chapter 8.40 BMC (Camping Regulations and Campsite Removal Policy).

“Driver license” has the meaning given that term in ORS 801.245.

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

“Motor truck” has the meaning given that term in ORS 801.355.

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

“Other property open to public travel” means property, whether publicly or privately owned and whether publicly or privately maintained, upon which the public operates motor vehicles either by express or implied invitation other than streets and excepting public school property, county property, or property under the jurisdiction of the State Board of Higher Education. Other property open to public travel includes, without limitation, parking lots, service station lots, shopping center and supermarket parking lots, and other accessways and parking areas open to general vehicular traffic, whether or not periodically closed to public use.

“Park” or “parking” means the condition of a vehicle that is stopped while (a) occupied by its operator with the engine turned off, or (b) unoccupied by its operator whether or not the engine is turned off.

“Pedestrian” means a person on a public right-of-way except: (a) the operator or passenger of a motor vehicle or bicycle, or (b) a person leading, driving, or riding an animal or animal-drawn conveyance.

“Person” means any natural person, corporation, limited liability company, partnership, joint venture, firm, association, trust, unincorporated organization, or any other entity.

“Recreational vehicle” means a vehicular-type unit that (a) contains sleeping facilities, (b) is designed or used for human occupancy and as temporary living quarters for recreational, seasonal, or emergency use, and (c) has its own motive power or is mounted on or towed by another vehicle.

“Stand” or “standing” means the stopping of a motor vehicle while occupied by its operator with the engine running except stopping in obedience to the instructions of a police officer, code enforcement officer, other traffic officer, traffic control device, or for other traffic.

“Stop” means complete cessation of movement.

“Street(s)” means all highways, roads, streets, and alleys, other than state of Oregon highways and two-lane gravel roads, within the boundaries of city that are open, used, and/or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

“Traffic control device” means a device to guide, direct, warn, regulate, and/or control vehicular and/or pedestrian traffic, including, without limitation, a sign, signaling mechanism, device, barricade, or street or curb marking installed by city or other transportation authority.

“Traffic lane” means that area of a street used for the movement of a single line of traffic.

“Traffic law(s)” means this title and any and all state of Oregon statutes and regulations relating in any way to the operation or use of vehicles, including, without limitation, the Oregon Vehicle Code (ORS Title 59) and any regulations promulgated thereunder.

“Vehicle” means 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. In this title, “vehicle” includes bicycles, except with regard to abandoned vehicles. [Ord. 24-903 § 2 (Exh. A), 2024]