CHAPTER 72
Parking Regulations

Section

72.01    Unlawful marking

72.02    Method of parking

72.03    Parking prohibited in certain locations

72.04    Parking in loading zones

72.05    Standing or parking buses and taxicabs

72.06    Storage and parking of trucks, trailers and the like

72.07    Obstructing streets

72.08    Exemption for certain vehicles

72.09    Parking and using recreational vehicles for sleeping or living purposes outside recreational vehicle parks

72.10    Parking citation procedure

72.01 UNLAWFUL MARKING.

Except as provided by this traffic code, it shall be unlawful for any person to letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb or other portion of the street, or to post anything designed or intended to prohibit or restrict parking on any street.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

72.02 METHOD OF PARKING.

(A)    No person shall stand or park a vehicle in a street or public lot 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 at the indicated direction and within a single marked space.

(C)    Whenever the owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the Fire Department has been summoned, he or she shall immediately remove such vehicle from the area unless otherwise directed by police or fire officers.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

72.03 PARKING PROHIBITED IN CERTAIN LOCATIONS.

In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall park a vehicle:

(A)    Upon any bridge, viaduct or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs.

(B)    In any alley except to load or unload persons or materials not to exceed 30 minutes.

(C)    Upon any street or public property for the principal purpose of:

(1)    Displaying such vehicle for sale.

(2)    Greasing or repairing such vehicle except repairs necessitated by an emergency.

(3)    Selling merchandise from such vehicle except in a duly established marketplace or when so authorized or licensed under the ordinances of this city.

(4)    Storage or as junkage or dead storage for more than 72 consecutive hours.

(D)    Upon any parkway except where specifically authorized.

(E)    In front of a public or private drive.

(F)    Within ten feet of a fire hydrant.

(G)    Within 15 feet of the driveway entrance of a fire station.

(H)    Not within the single space markings of city owned or leased property upon which public parking is permitted unless the size or shape of the vehicle makes compliance impossible.

(I)    In a space reserved for disabled persons which would constitute a violation of ORS 811.615.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

Statutory reference:

Oregon Motor Vehicle Code, see ORS Chs. 801 through 823

72.04 PARKING IN LOADING ZONES.

(A)    No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials, freight or passengers in any place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. In no case shall the stop in a loading zone for loading and unloading of passengers and personal baggage exceed 30 minutes, nor the loading or unloading of materials exceed 30 minutes.

(B)    No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

72.05 STANDING OR PARKING BUSES AND TAXICABS.

(A)    The driver of a bus or taxicab shall not stand or park such vehicle upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers.

(B)    No person shall stop, stand or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab about to enter or using such zone.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

72.06 STORAGE AND PARKING OF TRUCKS, TRAILERS AND THE LIKE.

(A)    It shall be unlawful for any person, firm or corporation owning or having control of any truck or trailer in excess of 10,000 pounds gross weight or any truck power unit or tractor to park the same upon any street, alley, parking strip, avenue or public way in any residential area of the city or adjacent to any residence, church, school, hospital, multiple dwelling, park or playground in any area of the city. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in the city for the actual loading or unloading of goods, wares or merchandise; provided, however, that "loading" or "unloading" as used in this section shall be limited to the actual time consumed in such operation. In addition thereto, the provisions of this section shall not be deemed to prohibit minor repairs on any such vehicles described above wherein total lapsed time in making such repairs does not exceed eight hours duration. The parking of any equipment under authority of this section shall in no event be within 20 feet of the intersection of property lines at any intersection, except alleys. Any vehicle mentioned in this section parked upon any street, avenue parking strip or public way within the city in violation of this section may be towed and impounded. The registered owner or operator shall be liable for all expenses incurred.

(B)    It shall be unlawful for any person, firm or corporation owning or having control of any bus or a vacation house trailer, camper, boat and/or boat trailer, motor home, tent trailer, utility trailer or any motorized or unmotorized vehicle undergoing repairs while incapable of being moved by its own power source to park the same upon any streets or on any parking strip, avenue or public way within the city for longer than 72 hours.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

72.07 OBSTRUCTING STREETS.

Except as provided by this traffic code or any other ordinance of the city, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb any article or thing or material which in any way prevents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver’s view of traffic-control signs and signals.

(Ord. 1759, passed 3-23-92) Penalty, see § 70.99

72.08 EXEMPTION FOR CERTAIN VEHICLES.

The provisions of this traffic code regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work on the street or any vehicle owned by the United states while in use for the collection, transportation or delivery of United States mail.

(Ord. 1759, passed 3-23-92)

72.09 PARKING AND USING RECREATIONAL VEHICLES FOR SLEEPING OR LIVING PURPOSES OUTSIDE RECREATIONAL VEHICLE PARKS.

(A)    Recreation Vehicle means a vehicle with or without motive power, which is designed for human occupancy and is to be used temporarily for recreational, seasonal, or emergency purposes.

(B)    Except in a recreational vehicle park, it shall be unlawful to park any recreational vehicle on any public way, road, street, or place within the city while using it for sleeping or living purposes for any period of time exceeding three hours except in residential neighborhoods where the period of time will not exceed 24 hours.

(C)    Except in a recreational vehicle park, it shall be unlawful to park any recreational vehicle within the city while using it for sleeping or living purposes for any period of time exceeding seven days within the last six months.

(D)    This section provides an exemption from §72.09(C) for the construction, reconstruction, or remodeling of a public or private nonprofit social service, community, religious, or recreational facility (hereinafter referred to as "project"). Recreational vehicles may be parked for sleeping or living purposes at or near the project in excess of seven days in conjunction with a project until the completion of the project or six months, whichever is less, provided that the following requirements are met:

(1)    The property owner and the person or agent in charge of the project, if the two are different, submit a complete application for the exemption permit together with a basic site plan (scale drawing not necessary); written consent to the parking of recreational vehicles for sleeping or living purposes at or near the project from all adjacent property owners and residents to the project site; and allow access by city officials to the project site and the location of the recreational vehicles for the purposes of inspection and enforcement of the terms and conditions of the permit, including towing of the recreational vehicles and removal of temporary sewer and water service connections, whether or not the permit has expired.

(2)    The exemption permit must be issued to the property owner and the person or agent in charge of the project, if the two are different, before the recreational vehicles are used for sleeping or living purposes in conjunction with the project.

(3)    Before a recreational vehicle is used for sleeping or living purposes in conjunction with a project, the owner(s) and/or occupant(s) of the recreational vehicle must sign a release allowing access to and towing of the recreational vehicle for purposes of inspection and enforcement of the terms and conditions of the exemption permit.

(4)    Recreational vehicles used for sleeping and living purposes in conjunction with a project must be parked at the location indicated in the exemption permit. Upon expiration of the exemption permit, all recreational vehicles must be removed from the project site, whether they are used for sleeping or living purposes or not.

(5)    The recreational vehicles must either be self contained, with all grey water and/or sewage disposed of at an appropriate disposal location in accordance with state regulations or be connected to a temporary connection for city sewer.

(6)    If temporary connections for city sewer and water service are used, they must be installed in accordance with all applicable state codes and city regulations at the expense of the property owner and/or the person or agent in charge of the project. All temporary connections must be removed upon expiration of the exemption permit. (SDC charges will not be assessed on the temporary connections.)

(7)    The recreational vehicles must meet all requirements of the Hermiston Code of Ordinances.

(E)    The City Manager or his/her designee is hereby delegated the general authority to issue the exemption permits authorized herein, including the preparation of the forms for the applications and permits, and the terms and conditions thereof.

(F)    The maximum number of permits that may be issued under 72.09(D) is for six recreational vehicles.

(G)    A person commits the offense of "Filing a False Application for an RV Parking Permit" if the application contains false information. The offense described in this section is a Class A violation. In addition, the exemption permit may be immediately revoked at the discretion of the City Manager or his/her designee.

(H)    A person commits the offense of "Violating an RV Parking Exemption Permit" if the property owner or person in charge of the project, or any agent thereof, or any person using the recreational vehicles violates the terms of the exemption permit or any provisions of 72.09 herein. The offense described in this section is a Class A violation. In addition, the exemption permit may be immediately revoked at the discretion of the City Manager or his/her designee.

(I)    Upon completion of the project or six months, whichever is sooner, the recreational vehicle(s) must be removed by the owner or occupant(s) of the recreational vehicles or by the property owner or agent in charge of the construction. If not so removed, the City Manager or his/her designee may have the recreational vehicles towed at the expense of the owner or occupant(s) of the recreational vehicles or the property owner or agent in charge of the project, or all of them.

(J)    The City Manager or his/her designee shall maintain an accurate record of the cost incurred by the city in removing the recreational vehicle, including any attorney fees, whether or not any legal action is filed, and shall include therein an overhead charge of 10% of the total cost for administration. The total cost, including the administrative overhead, shall thereupon be assessed to the property.

(K)    Upon expiration of the exemption permit, all temporary sewer and water service connections must be removed by the property owner and the person or agent in charge of the project. If not so removed, the City Manager or his/her designee may enter the property and remove the temporary connections at the expense of the property owner and the person or agent in charge of the project.

(L)    The City Manager or his/her designee shall maintain an accurate record of the cost incurred by the city in removing the temporary sewer and water connections, including any attorney fees, whether or not any legal action is filed, and shall include therein an overhead charge of 10% of the total cost for administration. The total cost, including the administrative overhead, shall thereupon be assessed to the property.

(M)    In case suit or action is instituted by the city in the circuit court to enforce the exemption permit, the property owner and the person or agent in charge of the project shall pay the attorney’s fees of the city incurred in arbitration or trial thereof, and on any appeal therefrom.

(N)    Fees for permits issued under 72.09(D) may be set by resolution of the City Council.

(Ord. 1759, passed 3-23-92; Am. Ord. 2046, passed 10-22-01; Am. Ord. 2048, passed 11-26-01; Am. Ord. 2049, passed 12-10-01; Am. Ord. 2053, passed 2-25-02)

72.10 PARKING CITATION PROCEDURE.

(A)    Citation procedure for certain parking violations. In lieu of personal delivery of a citation on person committing a violation of this traffic code, the citing authority may issue a parking violation notice pursuant to and in accordance with the procedures set forth in ORS 221.340. The citation shall instruct the operator to answer to the charge or pay the penalty imposed within 10 days, during specific hours, and at a specified place.

(B)    Failure to comply with parking citation. If the operator does not respond to the parking violation notice attached to the vehicle within 15 days, the city, at its option, may mail a letter to the registered owner of the vehicle informing the owner that as a result of the owner’s failure to respond to the citation within 10 days of its issuance that the fine has now been doubled and that the doubled fine must be paid within 10 days of the date the letter is mailed. If the owner does not comply within 10 days, the city, at its option, may request a copy of the parking violation notice be filed with the court and by affidavit request that the court issue an order to appear and show cause on a certain date and time. The order to appear and show cause shall be served personally and a return of service shall be completed and filed with the court.

(C)    Registered owner subject to prosecution. The registered owner of a vehicle receiving a parking violation citation issued pursuant to this section, shall be presumed to be the owner in fact of the vehicle at the time of the citation’s issuance. The registered owner of any vehicle, shall have an affirmative defense to a prosecution of the violation, if at the time the violation notice was issued the vehicle’s use was not authorized by the owner, either expressly or by implication.

(Ord. 2046, passed 10-22-01)