Chapter 10.30 STOPPING, STANDING, AND PARKING

The provisions of this chapter regulating the parking and standing of vehicles do not apply to a vehicle owned and/or operated by the city, Harney County, state of Oregon, or a public utility while necessarily in use for emergency response, the conduct of official government business that necessarily requires the particular parking and/or standing of a vehicle, construction or repair work on a street, or while a vehicle owned by the United States is in use for the collection, transportation, or delivery of mail. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.020 Parking or standing – Prohibitions.

In addition to those Oregon Vehicle Code provisions prohibiting certain vehicle parking, no person shall park or leave standing a vehicle as follows:

(1) A vehicle upon a bridge, viaduct, or other elevated structure used as a street, or within a street tunnel, unless authorized by state statute, by this title, or by city’s chief of police or designee;

(2) A vehicle in an alley, other than for the expeditious loading or unloading of persons or property, but in no case for a period in excess of 30 consecutive minutes;

(3) A vehicle in a loading zone on a public street other than for the expeditious loading or unloading of persons or property, but in no case for a period in excess of the parking time limit stated on city signage;

(4) A commercial vehicle on a public street or other right-of-way in a residential zone, except for the immediate loading or unloading of persons or property, or by permit issued pursuant to BMC 10.30.130;

(5) A recreational vehicle on a public street or other right-of-way, except for the immediate loading or unloading of persons or property, or by permit issued pursuant to BMC 10.30.140;

(6) A motor truck on a public street or other right-of-way between the hours of 9:00 p.m. and 7:00 a.m. of the following day, except by permit issued pursuant to BMC 10.30.150;

(7) A vehicle upon a parkway or freeway, except as authorized by state statute, this title, or city’s chief of police or designee;

(8) A vehicle adjacent to a curb painted yellow, except as specifically authorized by city signage;

(9) A vehicle within the area between the curb or roadway and sidewalk line commonly known as the planting strip, except where improved parking areas have been approved and marked by city;

(10) A vehicle in such a manner that the vehicle blocks all or any part of a driveway;

(11) A vehicle in such a manner that the vehicle blocks all or any part of a public sidewalk;

(12) A vehicle in any area where parking is permanently prohibited by order of the city manager or a designee, pursuant to BMC 10.10.020;

(13) A vehicle in any area where parking has been temporarily prohibited by order of the city manager or a designee pursuant to BMC 10.10.020 and traffic control devices have been installed to provide notice of the prohibition;

(14) A vehicle in any area where lawfully placed signage prohibits parking, standing, or stopping;

(15) A vehicle in any area parked more than 12 inches from the curb, where a curb is present;

(16) A vehicle parked along the roadway shoulder or curb facing opposite the required direction of travel in the nearest adjacent lane; and/or

(17) A vehicle within 10 feet of a fire hydrant or curbside mailbox. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.030 Parking – Broadway Avenue restrictions.

It is unlawful for any person to park any vehicle on North Broadway Avenue between Monroe Street and D Street in the City from 2:30 a.m. to 6:00 a.m. on any day between November 1st and March 31st. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.040 Violation of BMC 10.30.020 through 10.30.030 – Penalty.

Any person violating any provision of BMC 10.30.020 through 10.30.030 shall be fined in an amount not to exceed $25.00 if paid within 14 days of issuance of a citation. A fine may be increased to $50.00 pursuant to BMC 10.30.200. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.050 Parking – For sale, repair, advertising, sale of merchandise.

No vehicle operator shall park and no vehicle owner or lessee shall allow a vehicle to be parked upon a public street or other right-of-way for the principal purpose of:

(1) Displaying the vehicle for sale;

(2) Repairing or servicing the vehicle, except repairs necessitated by an emergency;

(3) Displaying advertising from the vehicle; and/or

(4) Selling merchandise from the vehicle, except when authorized by the BMC, city manager or designee, or by city’s chief of police or designee. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.060 Abandoned vehicles.

A 72-hour tow notice may be affixed to an abandoned vehicle. Upon the passage of 72 hours after a tow notice is affixed to an abandoned vehicle, the vehicle may be towed at the owner or lessee’s expense. In addition, the owner or lessee of the subject abandoned vehicle may be issued a citation for a violation of BMC 10.30.090. The city must document and retain evidence of its determination that a vehicle is an abandoned vehicle and that a tow notice was affixed to the vehicle. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.070 Derelict vehicles.

A 24-hour tow notice may be affixed to a derelict vehicle. Upon the passage of 24 hours after a tow notice is affixed to a derelict vehicle, the vehicle may be towed at the owner or lessee’s expense. The city must document and retain evidence of its determination that a vehicle is a derelict vehicle and that a tow notice was affixed to the vehicle. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.080 Abandoned and derelict vehicles constituting a hazard or obstruction.

In the case of emergency, including, but not limited to, instances in which a vehicle poses an environmental and/or fire hazard, the city is not required to comply with the notice requirements provided in BMC 10.30.060 and 10.30.070. The city must document the emergency circumstances that necessitated noncompliance with the notice requirements provided in BMC 10.30.060 and 10.30.070. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.090 Storing a vehicle prohibited – Fines.

Except as otherwise allowed under this title or pursuant to a valid permit, the owner or lessee of a vehicle shall not allow the vehicle to remain parked upon a public street or other right-of-way for longer than 72 hours unless different parking time limits are indicated by official city signage or the vehicle has been moved greater than 100 feet. Any person violating any provision of this section shall be fined in an amount not to exceed $25.00 if paid within 14 days of issuance of a citation. A fine may be increased to $50.00 pursuant to BMC 10.30.200. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.100 Parking or standing – Methods and restrictions.

(1) No person shall park or leave a vehicle on a street, other than parallel with the edge of a street, 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.

(2) Where parking space markings are placed on a street, no person shall park or leave standing a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible, within a single marked space.

(3) The vehicle operator who first begins maneuvering his or her vehicle into a vacant parking space on a street shall have priority to park in that space, and no person shall interfere with that vehicle operator’s access to such parking space.

(4) Any person violating any provision of this section shall be fined in an amount not to exceed $25.00 if paid within 14 days of issuance of a citation. A fine may be increased to $50.00 pursuant to BMC 10.30.200. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.110 Parked vehicle – Removing ignition key required.

No operator or person in charge of a motor vehicle shall park it or allow it to be parked on a street, on other property open to public travel, or on a new or used car lot without first stopping the engine, 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. Any person violating any provision of this section shall be fined in an amount not to exceed $25.00 if paid within 14 days of issuance of a citation. A fine may be increased to $50.00 pursuant to BMC 10.30.200. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.120 Vehicles parked near emergency incident – Removal requirements.

Whenever the owner, lessee, or operator of a vehicle discovers that his or her vehicle is parked close to an emergency incident to which public safety personnel have been summoned, the owner, lessee, or operator shall immediately remove the vehicle from the area, unless otherwise directed by public safety personnel. Any person violating any provision of this section shall be fined in an amount not to exceed $25.00 if paid within 14 days of issuance of a citation. A fine may be increased to $50.00 pursuant to BMC 10.30.200. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.130 Commercial vehicle parking permit.

(1) Revocable residential zone parking permits may be issued by city’s chief of police or designee to residents who would not otherwise be allowed to park a commercial vehicle near their residence due to restricted parking. No more than two permits will be issued to any residential address in a residential zone. The cost of the permit will be determined and set by council resolution from time to time.

(2) The following documentation and information must be presented when applying for a permit under this section:

(a) A valid commercial driver license or permit;

(b) Proof of residency (e.g., water/sewer, electric, or internet service provider bill); and

(3) A residential zone parking permit must be prominently displayed. Issuance of a permit does not guarantee that there will be a parking space available for the permit holder. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.140 Recreational vehicle parking permit.

(1) Upon application and payment of the established recreational vehicle permit fee, as such fee is determined and set by council resolution from time to time, city’s chief of police or designee may issue a revocable parking permit allowing for a recreational vehicle to be parked on any public street or other right-of-way within city, subject to the following conditions:

(a) The permit will be valid for not more than 14 consecutive days;

(b) No more than four parking permits will be issued for the same recreational vehicle during a calendar year, regardless of the location parked;

(c) The commencement date for a recreational vehicle parking permit shall not be less than 14 days after the expiration date of any previously issued permit for the same recreational vehicle or applicant;

(d) A recreational vehicle permit does not allow for parking of a recreational vehicle in excess of any posted time limit for parking; and

(e) The permit applicant must provide proof of a valid driver license, and registration and insurance for the recreational vehicle.

(2) A recreational vehicle parking permit must be prominently displayed. Issuance of a permit does not guarantee that there will be a parking space available for the permit holder. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.150 Motor truck parking permit.

(1) Upon application and payment of the established motor truck permit fee, as such fee is determined and set by council resolution from time to time, city’s chief of police or designee may issue a revocable parking permit allowing for a motor truck to be parked on any public street or other right-of-way within city between the hours of 9:00 p.m. and 7:00 a.m. of the following day, subject to the following conditions:

(a) The permit will be issued for either a six-month or a 12-month period and may be renewed;

(b) A motor truck parking permit does not allow for parking of a motor truck in excess of any posted time limit for parking; and

(c) The permit applicant must provide proof of a valid commercial driver license, and vehicle registration and insurance for the motor truck.

(2) A motor truck parking permit must be prominently displayed. Issuance of a permit does not guarantee that there will be a parking space available for the permit holder. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.160 Parking permit – Display required.

A city-issued parking permit must be displayed in plain sight within the vehicle on the driver’s side door window or main entry of the vehicle for which the permit was issued. The permit shall be clearly visible from the street. A vehicle parked without displaying a parking permit as required by this section will be deemed to be without a valid parking permit for that period of time in which the permit is not displayed. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.170 Parking permit – Not transferable.

No person shall use a parking permit for a vehicle other than the vehicle for which it was issued nor while using the permitted vehicle for any purpose other than that authorized by the permit. A violation of this section will result in forfeiture of the permit and denial of future permits. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.180 Permit violation – Penalty.

Any person who fails to obtain required permits or otherwise violates any of the provisions of BMC 10.30.130 through 10.30.170 shall be fined in an amount not to exceed $25.00 if paid within 14 days of issuance of a citation. A fine may be increased to $50.00 pursuant to BMC 10.30.200. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.190 Illegally parked vehicle – Citation requirements.

(1) Whenever a vehicle without an operator is found parked in violation of this chapter, the police officer or other individual charged with the duty of enforcing the parking regulations of this chapter shall document the vehicle’s license plate number and any other information displayed on the vehicle which may identify its owner, lessee, and/or operator, and shall conspicuously affix to the vehicle a parking citation for the owner, lessee, and/or operator to answer to the charge against them, or pay the penalty imposed during the hours and at a place specified in the citation. The citation shall state the penalties that may be imposed for failure to comply.

(2) Within 14 days of the issuance of the parking citation:

(a) The required fine must be paid as directed on the parking citation;

(b) A written response contesting the citation must be filed with the Harney County Justice Court; or

(c) A written request for an in-person hearing must be filed with the Harney County Justice Court. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.200 Failure to comply with parking citation.

If a vehicle operator subject to a citation does not pay the required fine, request a hearing, or otherwise respond to a parking citation affixed to the subject vehicle within 14 days of issuance of the citation, the fine will be increased. If the vehicle operator subject to a citation does not pay a fine ordered by a justice of the peace within 14 days of the justice court order, the fine will be increased. If the vehicle operator does not timely pay the increased fine, a summons may be issued. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.210 Citation – Owner/lessee responsibility.

The owner or lessee of a vehicle parked in violation of this chapter shall be responsible for the violation, except where the use of the vehicle was secured by the vehicle operator without the owner or lessee’s consent in violation of ORS 164.135. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.220 Citation – Registered owner presumption.

In a proceeding concerning a violation of this chapter against a vehicle owner or lessee, proof that the vehicle was registered to the defendant at the time of the violation shall constitute a presumption that the defendant was the owner or lessee of the vehicle. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.230 Multiple parking violations.

Each violation of a provision of this chapter shall constitute a separate offense. Each 24-hour period during which a vehicle is parked in violation of this chapter shall constitute a separate offense. [Ord. 24-903 § 2 (Exh. A), 2024]

10.30.240 Towing and moving vehicles parked in violation of restrictions.

(1) The provisions of this section apply only when parking has been temporarily prohibited on a street for:

(a) Street or utility maintenance, repair, or rehabilitation purposes;

(b) Snow removal;

(d) Public events on streets authorized by a city permit; or

(e) Broadway Avenue parking restrictions when necessary for snow removal activities.

(2) Any vehicle parked on a street in violation of BMC 10.30.020, 10.30.030 or 10.30.120 may be towed according to the provisions of this section, upon the order of city’s chief of police, city manager, or a designee, without prior notice to the owner or lessee of the vehicle, when removal of the vehicle is required to provide immediate access for a purpose described in subsection (1) of this section.

(3) City’s chief of police, city manager, or designee may:

(a) Order a vehicle to be towed to a legal parking space on a street within the vicinity of the prohibited area, in which case the cost of towing the vehicle will be paid by the city if requested by the city or paid by the permittee if requested by the permittee; or

(b) If more than 24 hours prior to the effective time and date of the prohibition, the city has installed and maintained traffic control devices giving notice of the parking prohibition, order the vehicle to be towed and stored at the owner or lessee’s expense. [Ord. 24-903 § 2 (Exh. A), 2024]