Chapter 10.12 GENERAL REGULATIONS

A. No person shall stand or park a vehicle other than in the direction of traffic flow of the nearest lane; and where parking spaces are designated on a street, vehicles must be parked within a single marked space, unless the size or shape of the vehicle makes compliance impossible within a single marked space.

B. The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street has priority to park in that space, and no other vehicle operator shall attempt to interfere.

C. When the operator of a vehicle discovers that the vehicle is 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. (Ord. 88-8 § 6.01)

10.12.020 Prohibited parking or standing.

A. No person shall park or stand a vehicle in violation of the State Vehicle Code or in violation of a parking limitation device.

B. No person shall park or stand a vehicle in an alley, except for a stop of not more than 30 consecutive minutes for loading or unloading persons or material.

C. No person shall stand a motor truck on a street in front of, or adjacent to, a residence, motel, apartment house, hotel, or other sleeping accommodation between the hours of 9:00 p.m. and 7:00 a.m.

D. No person shall park a vehicle on a city beach access between the hours of 10:00 p.m. and 6:00 a.m.

E. Except as provided below, no person shall park a vehicle overnight on a public park, public parking lot, or any ocean shore area under the jurisdiction of the Oregon Parks and Recreation Division. Overnight metered parking may be authorized on nonresidentially zoned city and urban renewal parking lots when such parking is authorized by an approved parking and traffic control resolution. Designation of individual spaces is delegated to the city manager. (Ord. 2021-25 § 1; Ord. 2005-09 § 3; Ord. 88-8 § 6.02)

10.12.030 Prohibited practices.

No operator shall park a vehicle, and no owner shall allow a vehicle to be parked, on a street or other public property for the principal purpose of:

A. Displaying a vehicle for sale;

B. Repairing or servicing the vehicle, except while making repairs necessitated by an emergency;

C. Displaying temporary advertising from the vehicle;

D. Selling merchandise from the vehicle, except when authorized. (Ord. 88-8 § 6.03)

10.12.035 Prohibited practices – Fee parking on residential zoned land.

A. No person shall park or stand a vehicle on property zoned R1, RM or RC under LCMC Title 17, as amended, if the person must pay a fee as a condition of parking or standing the vehicle on the property.

B. No owner, lessee, renter or other person with a real property interest in property zoned R1, RM or RC under LCMC Title 17, as amended, or agent, contractor, permittee or other representative thereof, shall allow any other person to park or stand a vehicle on the property if the person must pay a fee as a condition of parking or standing the vehicle on the property. (Ord. 96-6 § 1)

10.12.040 Prohibited storage on city property, city streets or city rights-of-way.

A. Specific Storage Prohibitions. Except for authorized parking of motor vehicles as provided in subsection (D) of this section, no person shall store or permit to be stored on a city street, city right-of-way or other city property, without the permission of the city, any of the following:

1. Any motor vehicle or other personal property;

2. Any self-propelled recreational vehicle or motor home;

3. Any towable recreational vehicle, camper, or any type of trailer;

4. Any abandoned vehicle.

Permission to use city streets or rights-of-way may be granted only through the issuance of revocable licenses, concessions, franchises or permits.

B. General Storage Prohibition. Except for authorized parking of motor vehicles as provided in subsection (D) of this section, no person shall store, or permit to be stored, a motor vehicle on a city street or right-of-way for a period in excess of 24 hours, without the permission of the city. Permission to use city streets or rights-of-way may be granted only through the issuance of revocable licenses, concessions, franchises or permits.

C. Violations – Penalty. Violation of subsection (A) or (B) of this section (prohibited storage) constitutes a Class B violation and may be enforced by citation as provided in Chapter 1.16 LCMC. Each day the violation persists is a separate offense.

D. Exceptions – Authorized Use. It is not considered prohibited storage under this section for a properly licensed, insured, and operable motor vehicle to utilize approved on-street public parking space in accordance with the posted time limitations or pursuant to a city permit for such space. When no time limit is posted, or a city permit does not provide otherwise, such authorized use shall not exceed 72 hours for an operable, licensed and insured passenger vehicle, without a tow, and 24 hours for a licensed, insured, and operable motorhome, trailer, recreational vehicle, or similar, whether or not attached to a vehicle. Moving a vehicle to another public parking space on a city street, right-of-way or city property shall not extend or reset the 72-hour time limitation for passenger vehicles or the 24-hour limit for other vehicles; such vehicle must be parked on private property or located outside the city for a minimum of 48 hours to restart the 24- or 72-hour clock. Notwithstanding the exceptions in this subsection (D), any motor truck as defined in ORS 801.355 is prohibited from such authorized parking use between the hours of 9:00 p.m. and 7:00 a.m. of the following day.

E. Definitions. In addition to those definitions contained in the ORS, the following words or phrases, except where the context clearly indicates a different meaning, shall be defined as follows:

1. “Abandoned vehicle” means a vehicle that remains in violation for more than 24 hours and one or more of the following conditions exist:

a. The vehicle does not have a lawfully affixed, unexpired registration plate, fails to display current registration or fails to have vehicle insurance as required by the state of Oregon;

b. The vehicle appears to be inoperative or disabled;

c. The vehicle appears to be wrecked, partially dismantled or junked; or

d. The vehicle appears to have been abandoned by its owner.

2. “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.

3. “Recreational vehicle” (RV) means any vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and as further defined, by rule, by the director.

4. “Street,” as defined in this title and the ORS chapters incorporated by reference in this title, includes alleys, sidewalks, grass or parking strips, and parking areas and accessways owned or maintained by the city. (Ord. 2022-43 § 1; Ord. 2021-25 § 2; Ord. 2021-16 § 1; Ord. 2019-33 § 1; Ord. 88-8 § 6.04)

10.12.050 Use of loading zone.

No person shall park or stand a vehicle in a place designated as a loading zone, when the hours applicable to that loading zone are in effect, for any purpose other than loading or unloading persons or material. Such a stop shall not exceed the time limits posted. If no time limits are posted, use of the zone shall not exceed 30 minutes. (Ord. 88-8 § 6.05)

10.12.060 Unattended vehicles.

A. When a police office finds a motor vehicle parked or standing unattended with the ignition key in the vehicle, the officer is authorized to remove the key from the vehicle and hold the key at the police station, until claimed by the vehicle owner.

B. No person shall leave the ignition key within an unattended vehicle. (Ord. 88-8 § 6.06)

10.12.070 Standing or parking of buses and taxicabs.

The operator of a bus or taxicab shall not stop, stand or park the vehicle on a street in a business district other than at 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. (Ord. 88-8 § 6.07)

10.12.080 Use of bus and taxicab stands.

No person shall park or stand 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 stop temporarily while loading or unloading passengers when the stop does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. The driver of such a vehicle must remain in the vehicle at all times. (Ord. 88-8 § 6.08)

10.12.090 Extension of parking time.

Where maximum parking time limits are designated, or when parking on a city street, right-of-way or public property exceeds 24 or 72 hours, as applicable, as in the case of prohibited storage, moving a vehicle to another public parking space on a city street, right-of-way or city property shall not extend the time limits for parking. A vehicle must be parked on private property or located outside the city for a minimum of 48 hours to restart the 24- or 72-hour clock. (Ord. 2022-43 § 2; Ord. 2019-33 § 2; Ord. 88-8 § 6.09)

10.12.100 Exemptions from parking and standing regulations.

The provisions of this title that regulate the parking or standing of vehicles do not apply to:

A. A city, county, state or public utility vehicle being used for public works maintenance, construction or repair work;

B. A vehicle owned by the United States being used for collection, transportation or delivery of mail;

C. A vehicle of a disabled person who complies with the provisions of ORS 801.235 and 811.600 through 811.640. (Ord. 88-8 § 6.10)

10.12.110 Citation on illegally parked vehicle.

When a vehicle without an operator is found parked in violation of a restriction imposed by this title or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle that may identify its owner, and shall conspicuously affix to the vehicle a parking citation instructing the owner to answer to the charge or pay the penalty imposed within seven days during specific hours and at a specific place. (Ord. 88-8 § 9.01)

10.12.120 Failure to comply with parking citation.

If the operator does not respond to a parking citation attached to the vehicle within seven working days, the municipal court clerk shall send a letter to the owner of the vehicle informing the owner of the violation and giving notice that if the citation is disregarded for a period of 30 days:

A. The fine will be doubled; and

B. If the vehicle has three or more outstanding citations or $50.00 or more in unpaid fines, it may be impounded, and an impounded vehicle shall not be released until all outstanding fines and charges are paid. (Ord. 88-8 § 9.02)

10.12.130 Cancellation of traffic citation.

No person shall cancel or solicit the cancellation of a traffic citation in any manner, except when approved by the municipal judge. This provision does not apply to a police officer or prosecutor acting within the course and scope of their authority. (Ord. 88-8 § 9.03)

10.12.140 Citation – Vehicle owner responsibility.

The owner of a vehicle that is in violation of a parking restriction shall be responsible for the offense unless the operator used the vehicle without the owner’s consent. (Ord. 88-8 § 9.04)

10.12.150 Registered owner presumption.

In a proceeding charging violation of a parking restriction against a vehicle owner, proof that the vehicle was registered to the defendant at the time of the violation constitutes a presumption that the defendant was the owner. (Ord. 88-8 § 9.05)

10.12.160 Crossing private or public property.

The operator of a vehicle shall not proceed from one street to an intersecting street by leaving the roadway and crossing private or public property. This provision does not apply to the operator of a vehicle who stops on the property to procure or provide goods or services. (Ord. 88-8 § 5.01)

10.12.170 Damaging sidewalks or curbs.

A. The operator of a motor vehicle shall not drive on a sidewalk or roadside 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 a device moved by a motor vehicle onto a curb or sidewalk without first obtaining authorization from the city and posting bond if required. A person who causes damage shall be responsible for the cost of repair. (Ord. 88-8 § 5.05)

10.12.180 Obstructing public ways.

A. Except as authorized by ordinance or the city and in a manner prescribed by the city, no person shall obstruct the free movement of vehicles or pedestrians using the street, sidewalks or other public ways.

B. No person shall park or stand a vehicle in such a manner or location that it impedes traffic or obstructs the view or constitutes a hazard to public safety or an obstruction on a street, sidewalk or other public way. (Ord. 88-8 § 5.09)

10.12.185 Unlawful transfer on vehicular portion of the right-of-way.

A. A person commits the offense of unlawful transfer under this section if the person:

1. While a driver or passenger in a vehicle on the vehicular portion of a highway, road or street within the boundaries of the city of Lincoln City, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of, any item of property to a pedestrian; or

2. While a pedestrian, accepts, receives or retains possession or control of any item of property from a driver or passenger in a vehicle on the vehicular portion of a highway, road or street within the boundaries of the city of Lincoln City.

B. For purposes of subsection (A) of this section, the phrase “on the vehicular portion of a highway, road or street” means located in the vehicular travel or turning lane or any associated shoulder or traffic divider area within the right-of-way where vehicles are reasonably expected to be encountered. The prohibitions of this section do not apply if the vehicle is parked in a legal parking space located on or off the right-of-way or during a law enforcement stop or action.

C. The prohibitions of subsection (A) of this section do not apply to persons participating in a “pedestrian activity,” as defined in OAR 734 Division 58, for which a permit has been issued by the Oregon Department of Transportation, so long as all terms of such permit are being met.

D. Any person found violating this section shall be guilty of committing a traffic violation punishable as a Class F violation. (Ord. 2016-17 § 2)

10.12.190 Unlawful riding.

A. The operator of a vehicle shall not permit a passenger to, and no passenger shall, ride on a vehicle on a street except within a part of the vehicle designed or intended for the use of passengers. This provision does not apply to an employee engaged in the discharge of a duty or to a person riding within a truck body in space intended for merchandise.

B. No person shall board or alight from a vehicle while the vehicle is in motion on a street. (Ord. 88-8 § 5.03)

10.12.200 Cleated vehicles.

No person shall drive or operate, or permit to be driven or operated, on any improved portion of any street a cleated tractor or bulldozer, without first obtaining permission from the city manager and protecting streets with planks or similar materials as directed. (Ord. 88-8 § 5.08)

10.12.210 Exhaust brakes.

No person shall use a compression braking system in conjunction with the operation of a motor vehicle, except to avoid imminent danger to person or property. Compression braking systems, commonly found on trucks and buses and referred to as “Jake” brakes, convert an internal combustion engine into an air compressor for the purpose of slowing or stopping of a vehicle without the use of wheel brakes. (Ord. 88-8 § 5.10)

10.12.220 Removing glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. (Ord. 88-8 § 5.06)

10.12.230 Operation of motor vehicle on ocean shore.

No person shall operate a motor vehicle on the ocean shore except where specifically allowed and designated or pursuant to a permit issued by the Department of Transportation, the Oregon State Police or the city police department. (Ord. 88-8 § 5.07)

10.12.235 Reckless driving.

A. A driver of a vehicle commits the violation of reckless driving within the city if he or she commits two or more of the following violations in a single series of acts in such a way as to endanger the safety of persons or property:

1. Unlawful or unsignaled lane change;

2. Unsafe passing on the left or right;

3. Passing in a no-passing zone;

4. Following too close;

5. Illegal backing;

6. Unlawful stop or deceleration;

7. Failure to signal;

8. Violation of maximum speed limit in an urban area; or

9. Taking other actions that a reasonable driver would know endanger the safety of persons or property in an urban driving environment such as the city.

B. Notwithstanding LCMC 10.12.350, violation of this section shall be a violation punishable by a fine not to exceed $1,000. (Ord. 2000-05 § 2)

10.12.240 Horses in city.

A. Except as authorized by a permit issued under LCMC 10.12.280 through 10.12.320:

1. No person shall ride, lead or tether a horse in the city except along a designated bridle path or upon private property with the consent of the owner.

2. No person shall use the improved portion of any street for leading, driving or riding a horse.

3. No person having horses for hire shall permit any such horses to be led, driven or ridden upon the improved portion of any street.

4. Notwithstanding the provisions of subsections (A)(1) through (3) of this section, a person having horses for hire may lead, drive or ride horses from a stable or pasture, over the improved portion of a street, to a destination not upon the improved portion of a street from which the horses will be hired out; provided, that the horses have been adequately diapered in order to maintain the improved portion of the street in a sanitary condition; and further provided, that the person has obtained a parade permit in accord with and subject to the provisions of LCMC 10.12.280 through 10.12.320. For purposes of this section, such leading, driving or riding shall be considered a parade regardless of the number of persons or horses involved. A single parade permit issued under this section may authorize such leading, driving or riding at multiple times and on multiple days.

B. As used in this section, “improved portion of any street” means the portion of a street which has been paved or oiled. (Ord. 98-6 § 1; Ord. 97-16 § 1; Ord. 88-8 § 5.02)

10.12.250 Sleds on streets.

No person shall use a street for traveling on skis, toboggans, sleds or similar devices except where authorized by the city manager. (Ord. 88-8 § 5.04)

10.12.260 Bicycle operating rules.

In addition to observing other applicable provision of this title and state law pertaining to bicycles, no person shall leave a bicycle:

A. Other than in a bicycle rack. If no rack is provided, the person shall leave the bicycle so that it does not obstruct a roadway, sidewalk, driveway or building entrance;

B. Secured to a tree, fire hydrant or police call box;

C. In violation of motor vehicle parking provisions;

D. On private property without consent of the owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited;

E. On a stand or other public property for more than 24 hours. (Ord. 88-8 § 7.01)

10.12.270 Impounding bicycles.

A. A bicycle left on a street or other public property for more than 24 hours may be impounded by the police department.

B. A bicycle parked in violation of this title that also obstructs or impedes pedestrian or vehicle traffic or otherwise endangers the public may be immediately impounded by a law enforcement officer, in addition to any citation issued.

C. If a bicycle impounded under this title is licensed, or other means of identifying its ownership exist, the police department shall make reasonable efforts to notify the owner. No impoundment fee shall be charged to the owner of a stolen bicycle that has been impounded.

D. Except as provided in subsection (C) of this section, a fee shall be charged to the owner of a bicycle impounded under this section.

E. A bicycle impounded under this title that remains unclaimed shall be disposed of in accordance with city procedures for disposal of abandoned or lost personal property. (Ord. 88-8 § 7.02)

10.12.280 Parades and processions – Permit required when – Fee.

No person shall organize or participate in a parade or event which may disrupt or interfere with traffic without obtaining a permit and paying the fee therefor in the amount set by council resolution. A permit shall always be required of a procession of people utilizing the public right-of-way and consisting of 50 or more persons or 10 or more vehicles. (Ord. 88-8 § 8.01)

10.12.290 Parade permit – Application – Issuance or denial.

A. Applications shall include the following information:

1. The name and address of the person responsible for the proposed parade or event;

2. The date of the proposed parade or event;

3. The desired route, including assembly and dispersal points;

4. The number of persons, vehicles and animals which will be participating in the parade or event, including the number of horses and devices pulled;

5. The proposed starting and ending time.

B. The application shall be signed by the person designated as chairman, who shall be responsible for the formation and orderly procession of the parade or event.

C. The application shall be accompanied by a liability insurance coverage rider.

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

E. The chief of police may establish traffic control needs and set fees therefor, which fees shall not exceed the actual costs incurred by the city as a result of the additional traffic control needs. A deposit, based on the police chief’s estimate of the amount of costs that will be incurred by the city, shall be paid in advance of the parade or event. Any requests for waiver of the fee shall be submitted to the council for its consideration.

F. If the chief of police determines that the parade or event cannot be conducted without endangering public safety or seriously inconveniencing the general public, he may:

1. Propose an alternate route;

2. Propose an alternate date;

3. Refuse to issue a permit.

G. The chief of police may deny any permit for horses or other large animals which he determines will not be adequately diapered or for which he determines adequate sanitation will not be provided by the applicant. The chief of police also may deny a permit for any vehicle or device to be used on a public street which he determines lacks adequate safety devices and brakes.

H. The chief of police shall notify the applicant of the decision within 10 days of receipt of the application.

I. If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the city council. (Ord. 97-16 § 2; Ord. 88-8 § 8.02)

10.12.300 Parade permit – Denial – Appeal to city council.

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

B. The council shall schedule a hearing date, which shall not be later than the next regular council meeting following the filing of the written appeal with the city recorder, and shall notify the applicant of the date and time so that the applicant may appear, either in person or by a representative. (Ord. 88-8 § 8.03)

10.12.310 Interference with parade.

A. No person shall interfere with a parade or event or parade or event participant.

B. No person shall operate a vehicle that is not part of a parade or event between the vehicles or persons comprising a parade or event. (Ord. 97-16 § 3; Ord. 88-8 § 8.04)

10.12.320 Parade permit revocable.

The chief of police may revoke a parade or event permit if circumstances clearly show that the parade or event can no longer be conducted consistent with the public safety. (Ord. 97-16 § 4; Ord. 88-8 § 8.05)

10.12.330 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. All motor vehicles in the procession shall be operated with their lights turned on.

D. No person shall interfere with a funeral procession.

E. No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession. (Ord. 88-8 § 8.06)

10.12.340 Impoundment of vehicles.

A. Disposition of a vehicle towed and stored under provisions of state law for the removal of hazardous vehicles shall be in accordance with provisions of state law or city ordinance on impoundment and disposition of abandoned vehicles.

B. Impoundment of a vehicle does not preclude issuance of a citation for violation of a provision of this title.

C. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. (Ord. 88-8 §§ 10.01 – 10.03)

10.12.350 Violation – Penalty.

Violation of any provision of this chapter, not specifically delineated as parking, is punishable as a Class C violation. (Ord. 2019-33 § 3; Ord. 88-8 § 11.01)

10.12.360 Parking fines.

A. Fines for parking violations are established as follows:

Violation	Fine
Prohibited area	$25.00
Parking in beach access	25.00
No parking zone	25.00
Loading zone	25.00
Overtime parking	25.00
Within 10 feet of hydrant	25.00
Improperly parked	25.00
Parked wrong direction	25.00

Note: Handicapped parking violations are controlled by state statute.

B. Fines automatically double after 30 days; after 60 days a 25 percent collection charge is added and account is sent to collection. (Ord. 2019-33 § 4; Ord. 2004-01 § 2)

10.12.370 Forfeiture of vehicles.

A. Lincoln County Code Sections 2.3000 through 2.3015, in effect as of May 9, 2005, and as amended in the future, relating to forfeiture of vehicles as the result of repeat driving while under the influence of intoxicants (DUII), are applicable in the city.

B. City staff shall work with county staff to provide the police department with procedures and forms to implement the county’s DUII forfeiture program in the city. (Ord. 2005-08 §§ 1, 2)