Chapter 10.15 STOPPING, STANDING AND 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 and, unless the size and shape of the vehicle makes compliance impossible, within a single marked space.

C. The operator who first begins maneuvering that operator’s 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 that operator of the operator’s priority or block the operator’s access.

D. Whenever 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. 1593, 1-4-71. Code 2001 § 72.01.]

Penalty: See NMC 10.15.410.

10.15.020 Prohibited parking and standing.

A. Certain sections of the Oregon Vehicle Code, ORS 811.550 through 811.585, and ORS 811.615 are adopted by the city, and any violation of these provisions of the Oregon Revised Statutes shall be an offense enforceable pursuant to uniform civil infraction procedures for violations of ordinances. In addition to these provisions of the Oregon Vehicle Code dealing with parking, stopping and standing, no person shall park or stand:

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

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

3. A motor truck, as defined by ORS 801.355, or a truck tractor, as defined by ORS 801.575, or a truck trailer as defined by ORS 801.580, 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 unless a revocable permit for a motor truck or a truck tractor (not a truck trailer) is obtained from the city police department. The permit is only applicable to a motor truck or a truck tractor. A truck trailer is not eligible for a permit. The permit application shall be approved by the city manager. The permit shall be for a 12-month period and may be renewed. In the event any complaint(s) is received from a resident or residents in the area of the parked truck or tractor, the city shall notify the permit holder of such complaints, give the permit holder a chance to respond to such complaints and after taking into consideration the complaints and response, the city manager may revoke said permit. Such decision to revoke the permit by the city manager may be appealed within 10 days to the city council. During such appeal the permit shall remain revoked.

4. A vehicle in front of the entrance of any post office or other place where mail is received unless marked; or within 10 feet of a mailbox, during the hours of 8:00 a.m. to 4:30 p.m. in any residential area.

5. A vehicle in any clearly designated fire access lane or emergency access lane upon any property open to public travel.

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

7. A vehicle in the area between the curb and sidewalk, or if there is no sidewalk, in the public right-of-way between the curb and the property line, except as follows:

a. In areas outside the sidewalk that are paved with asphalt or concrete. See NMC 12.05.240 and 15.440.060(B) for permit requirements.

b. In areas approved by the traffic safety commission. The commission may approve parking past the curb line where it finds the following criteria are met:

i. Reasonable parking is not available elsewhere.

ii. The parking would not appreciably detract from the aesthetics of the neighborhood.

iii. Parking in the area would maintain or improve safety.

Where such parking is requested by an abutting property owner, the commission may condition approval on having the owner provide additional aesthetic or safety improvements, such as adding additional plantings, street trees, paving or approaches.

B. No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of:

1. Displaying the vehicle for sale.

2. Repairing or servicing the vehicle, except repairs necessitated by an emergency.

3. Selling merchandise from the vehicle, except where authorized. [Ord. 2628, 1-3-06; Ord. 2417, 9-5-95; Ord. 2407, 9-5-95; Ord. 2256, 1-3-89; Ord. 1593, 1-4-71. Code 2001 § 72.02.]

Penalty: See NMC 10.15.410.

10.15.030 Storage of motor vehicles on street.

No person shall store or permit to be stored on a street or other public property, without the permission of the chief of police, a motor vehicle or personal property for a period in excess of 72 hours. It shall constitute prima facie evidence of storage and abandonment of a motor vehicle if the same is not moved for a period of 72 hours. In addition to the citation for an ordinance violation, the city may use the provisions of ORS 819.100 in following the procedure to remove a vehicle after due notice as provided in statute when a vehicle is in violation of this section. [Ord. 2415, 8-7-96; Ord. 1593, 1-4-71. Code 2001 § 72.03.]

Penalty: See NMC 10.15.410.

10.15.040 Use of loading zones.

A. General Prohibition. 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 the loading zone are in effect. In no case when the hours applicable to the 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.

B. Within the City. The following policy is adopted to govern the establishment of loading zones within the city:

1. Restrictions on loading zones are limited to 6:00 a.m. to 6:00 p.m., Monday through Saturday.

2. Occupancy in a loading zone shall be limited to 20 minutes at any one time.

3. The maximum footage for each loading zone shall be limited to 22 feet; however, a permit may be given for an additional 22 feet, which shall constitute two zones.

4. The distance of the loading zone from an intersection shall be a consideration depending on the location of the loading zone.

5. No loading zone shall be granted if the applicant has access to an alley.

6. An individual loading zone shall not be granted for each applicant within the same block area. Several applicants within the same block shall be encouraged to use the same loading zone.

7. In granting a loading zone, the applicant’s need for such a zone shall be a consideration in the review of each application.

C. Within the Commercial Area. The following policy is adopted to govern the establishment of loading zones within the commercial area between Main Street and River Street in the city:

1. Restrictions on loading zones are limited to 6:00 a.m. to 6:00 p.m., Monday through Saturday.

2. Occupancy in a loading zone shall be limited to 20 minutes at any one time.

3. The maximum footage for each loading zone shall be limited to 22 feet; however, a permit may be given for an additional 22 feet, which shall constitute two zones.

4. Depending on its location, the loading zone’s distance from an intersection shall be a consideration.

5. No loading zone shall be granted if the applicant has access to an alley.

6. An individual loading zone shall not be granted for each applicant within the same block area. Several applicants within the same block shall be encouraged to use the same loading zone.

7. In granting a loading zone, the applicant’s need for such a zone shall be a consideration in the review of each application.

8. All applications for a loading zone within the commercial area shall be referred to the police committee.

a. The Traffic Safety Commission shall have the authority to establish, maintain, remove or alter the loading zone within the commercial area.

b. Upon approval of an application, the committee shall advise the city manager of the location, size and other limitations for the loading zone.

9. A permit fee in the amount of $75.00 shall be charged for each loading zone up to 22 feet, with an additional permit fee being charged for any loading zone over 22 feet.

10. Upon the applicant’s termination of a business at the location, the permit will be rescinded.

a. However, the new owner may apply for a loading zone at the same location within 10 days.

b. The permit fee for the new owner shall be $25.00. [Ord. 1943, 1-29-79; Ord. 1593, 1-4-71. Code 2001 § 72.04.]

Penalty: See NMC 10.15.410.

10.15.050 Leaving unattended vehicle.

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. [Ord. 1593, 1-4-71. Code 2001 § 72.05.]

Penalty: See NMC 10.15.410.

10.15.060 Action by police officer.

Whenever a police officer shall find a motor vehicle parked unattended with the ignition key in the vehicle in violation of NMC 10.15.050, the police officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. [Ord. 1593, 1-4-71. Code 2001 § 72.06.]

10.15.070 Standing or parking of buses and taxicabs regulated.

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 vehicle outside a traffic lane while loading or unloading passengers. [Ord. 1593, 1-4-71. Code 2001 § 72.07.]

Penalty: See NMC 10.15.410.

10.15.080 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 area. [Ord. 1593, 1-4-71. Code 2001 § 72.08.]

Penalty: See NMC 10.15.410.

10.15.090 Lights on parked vehicle.

No lights need be displayed upon a vehicle that is parked in accordance with this chapter 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. [Ord. 1593, 1-4-71. Code 2001 § 72.09.]

Penalty: See NMC 10.15.410.

10.15.100 Extension of parking time.

Where maximum parking time limits are designated by a sign, movement of a vehicle within a block shall not extend the time limits for parking. [Ord. 1593, 1-4-71. Code 2001 § 72.10.]

10.15.110 Exemption.

The provisions of this chapter regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation or delivery of mail. [Ord. 1593, 1-4-71. Code 2001 § 72.11.]

Article II. Parking in City-Owned Public Parking Lots

10.15.120 Parking time limit.

It shall be unlawful for the driver or other person in charge of any motor vehicle or other vehicle of any kind to park the same on a city-owned public parking lot of the City of Newberg, Oregon, for a continuous period of time exceeding the time limits stated, if any, at the parking stall within the parking lot. The time limits shall be determined by the city council. In no case shall a vehicle of any kind be parked on a city-owned public parking lot for a continuous period of time that exceeds 24 hours. [Ord. 2552, 11-19-01; Ord. 1133, 4-6-53. Code 2001 § 72.20.]

Penalty: See NMC 10.15.410.

10.15.130 Parking method.

It shall be unlawful for the driver or other person in charge of any motor vehicle or other vehicle of any kind to park the same on a city-owned public parking lot of the City of Newberg, Oregon, in any other position than that indicated by the painted lines designating parking spaces. Such parked vehicle shall be placed between such lines and shall not be left upon or across the same. All movement of vehicles within said parking lot shall be in the direction designated by painted arrows on the pavement, save and except in backing a vehicle out of a parking space. Parking lot design shall be determined by the city manager or designee. [Ord. 2552, 11-19-01; Ord. 1133, 4-6-53. Code 2001 § 72.21.]

Penalty: See NMC 10.15.410.

10.15.140 Vehicle impoundment.

Any motor vehicle or other vehicle of any kind that shall be parked on a city parking lot of the City of Newberg, Oregon, in violation of the provisions of this chapter may be removed and towed to a garage or other place of storage by the chief of police or any other police officer of the city. It shall be unlawful for the owner or other person entitled to the possession or in charge of such vehicle to recover the same except upon payment of any and all charges incurred in the removal and storage of such vehicle. [Ord. 2552, 11-19-01; Ord. 1133, 4-6-53. Code 2001 § 72.22.]

Penalty: See NMC 10.15.410.

10.15.150 Responsibility for safety or protection.

The City of Newberg neither assumes nor accepts any responsibility for the safety or protection of any persons, vehicles or other personal property while on or moving across the said city parking lot. [Ord. 2552, 11-19-01; Ord. 1133, 4-6-53. Code 2001 § 72.23.]

Article III. Parking Citation and Owner Responsibility

10.15.160 Citation and illegally parked vehicle.

Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation for the operator to answer to the charge or pay the penalty imposed at a place specified in the citation. [Ord. 1593, 1-4-71. Code 2001 § 72.35.]

10.15.170 Failure to comply with traffic citation.

If the operator does not respond to a traffic citation affixed to such vehicle within a period of five days, the municipal court may send to the owner of the vehicle to which the traffic citation was affixed a letter informing the person of the violation and warning the person that in the event the letter is disregarded for a period of five days, a warrant for the person’s arrest will be issued. [Ord. 1593, 1-4-71. Code 2001 § 72.36.]

10.15.180 Owner responsibility.

The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except where the use of the vehicle was secured by the operator without the owner’s consent. [Ord. 1593, 1-4-71. Code 2001 § 72.37.]

10.15.190 Registered owner presumption.

In a prosecution of a vehicle owner, charging a violation of the 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. [Ord. 1593, 1-4-71. Code 2001 § 72.38.]

Article IV. Impoundment and Disposition of Vehicles

10.15.200 General regulations.

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 on impoundment and disposition of vehicle constituting a hazard.

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

C. Whenever a traffic citation is issued or a physical arrest is made for violation of Oregon’s Vehicle Code or local traffic ordinances and the driver’s license is suspended or revoked, or the vehicle is without liability insurance as required by the Oregon Vehicle Code, or both, the vehicle shall be impounded and towed, by a towing company approved by the Oregon State Police, at the owner’s expense and stored at the owner’s expense.

D. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner.

E. A vehicle abandoned in violation of provisions of state law relating to abandoned vehicles is subject to removal and sale in accordance with provisions of state law.

F. A vehicle which is stored in violation of state law or city ordinance relating to storage of motor vehicles on streets is subject to removal and sale in accordance with provisions of state law on impoundment and disposition of abandoned vehicles (ORS 819.100 through 819.270).

G. Vehicles removed and impounded shall be taken to a public garage or other suitable place for storage of a vehicle, and kept until released or otherwise disposed of pursuant to this section.

1. The owner of the vehicle, or any person authorized by the owner to act on the owner’s behalf, may redeem the vehicle pursuant to the procedures of NMC 10.15.250.

2. A motor vehicle so impounded shall be held and, if not lawfully redeemed, shall be disposed of as provided in ORS 819.210 through 819.260. A certificate of sale referenced therein shall contain the following notice:

The City of Newberg makes no warranty as to the condition or title of the above-described vehicle. In the event this sale shall for any reason be invalid, the liability of the City is limited to return of the purchase price.

[Ord. 2389, 10-3-94. Code 2001 § 72.50.]

Penalty: See NMC 10.15.410.

Cross-references: See ORS 819.120 for vehicles constituting hazards and ORS 819.110 pertaining to abandoned vehicles.

10.15.210 Impoundment and storage by private towing firm.

A. In the enforcement and execution of the provisions of this chapter, the city may contract the services of one or more competent towing service firms for the removal and storage of motor vehicles taken into custody of the city for any reason. The city council shall by ordinance establish a schedule of maximum charges for storage of such motor vehicles, which shall apply to vehicles stored by the city.

B. Where a private business is used, the following conditions shall apply:

1. The city shall not be liable for services rendered by a private towing service from any source other than such amounts as may be collected from the owner on redemption, or from a purchaser upon sale, after the city deducts its expenses, unless the city is the purchaser of the vehicle.

2. The vehicle shall not be released from the private towing service except upon a receipt, signed by the chief of police, proffered by the purchaser.

C. A towing service firm which, at the request of the city, takes a vehicle into custody shall have a lien on the vehicle and its contents for the just and reasonable towing charges, may retain possession of the vehicle and its contents until the charges are paid, and may cause the vehicle and its contents to be sold at public auction pursuant to NMC 10.15.270. If the appraised value of the vehicle is $750.00 or less, the vehicle and its contents shall be disposed of in the manner provided in NMC 10.15.280. [Ord. 2389, 10-3-94. Code 2001 § 72.51.]

Penalty: See NMC 10.15.410.

10.15.220 Post towing notice to owner.

A. If a motor vehicle is taken into the custody of the city, the chief of police shall make reasonable efforts to ascertain the names and addresses of the registered owner and the legal owner, if any, and the person entitled to possession.

B. If the names and addresses of such owners or persons entitled to possession or either of them can be ascertained, the chief of police shall cause notice to be mailed within 48 hours of the date of recovery, addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any. Such notice shall include the following information:

1. The statute or ordinance or rule under which the vehicle has been taken into custody or removed;

2. The location where the vehicle may be redeemed by the owner or person entitled to possession upon satisfactory proof of ownership or right to possession;

3. That a lien has arisen on the vehicle in favor of the person who towed the vehicle for just and reasonable towing and storage charges;

4. The amount of any impound fee, fines or bail which must be paid or posted pursuant to NMC 10.15.250;

5. The date after which the vehicle will be subject to public sale;

6. That a hearing on the validity of the tow and on the creation and amount of the lien may be had if requested within five days of mailing of the notice;

7. That the costs of hearing may be assessed against the vehicle owner.

C. Actual notice of a tow may be given personally to the owner or person entitled to possession. Such actual notice must include all the information required under subsection (B) of this section. Actual notice may be used in lieu of the mailed notice required by subsection (B) of this section. [Ord. 2389, 10-3-94. Code 2001 § 72.52.]

10.15.230 Reasonable storage charge.

The maximum charge per day for storage of a motor vehicle towed and stored pursuant to NMC 10.15.210 is $10.00, which shall apply when the vehicle is stored by the city. [Ord. 2389, 10-3-94. Code 2001 § 72.53.]

10.15.240 Hearing procedures.

A. Upon written request of the legal owner, or the registered owner or any other person who reasonably appears to have an interest in the vehicle, delivered to the municipal court, a hearing shall be held before the municipal judge. The written request shall state the grounds upon which the person requesting the hearing believes that the removal and custody of the vehicle is not justified.

B. The hearing shall be set and conducted within 10 regular court days of receipt of the request, holidays, Saturdays, and Sundays not included. The hearing can be set for a later date if the owner or person entitled to possession so requests. At the hearing the owner may contest:

1. The validity of the action of the enforcement officer in taking the vehicle into custody;

2. The reasonableness of the charge set for towing and storage of the vehicle. Towing and storage charges set by ordinance or by contract entered into pursuant to ordinance are presumed to be reasonable for the purpose of this section.

C. The city shall have the burden of showing the validity of the taking of the vehicle.

D. At any time prior to the requested hearing, the owner, or the person entitled to possession of the vehicle, may regain possession of the vehicle as provided by NMC 10.15.250 by depositing with the city security in the form of cash in an amount sufficient to cover costs of removing and storage, impound fee and any fines or bails owed pursuant to NMC 10.15.410.

E. If the municipal judge finds that the action of the enforcement officer in taking the vehicle into custody was invalid, the judge shall:

1. Order the vehicle released to the owner;

2. Find that the owner is not liable for any towing or storage charges occasioned by the taking;

3. Order the city to satisfy the towing and storage lien.

F. If the person requesting the hearing does not appear at the scheduled hearing, the municipal judge may enter an order supporting the removal and assessment of an impound fee, towing and storage costs and apply any security posted against such costs.

G. The action of the municipal judge pursuant to this section is final. [Ord. 2389, 10-3-94. Code 2001 § 72.54.]

10.15.250 Owner reclaiming vehicles.

The legal owner, registered owner, or person entitled to possession of an unclaimed vehicle may reclaim such vehicle any time after it is taken into custody, and before it is sold, upon presentation of satisfactory proof of ownership or right of possession to the chief of police and payment of towing and storage charges, impound fee or posting of security required under this article. [Ord. 2389, 10-3-94. Code 2001 § 72.55.]

Penalty: See NMC 10.15.410.

10.15.260 Appraisal of unclaimed vehicles.

Within 10 days of any motor vehicle coming into the custody of the city for any reason, the chief of police shall cause such vehicle to be appraised by a person possessing a valid appraiser certificate under state law. [Ord. 2389, 10-3-94. Code 2001 § 72.56.]

Cross-reference: See ORS 819.480 for certified vehicle appraisers and Title 59 ORS, generally.

10.15.270 Disposition of motor vehicles valued at greater than $750.00.

Any motor vehicle appraised at a value greater than $750.00 under NMC 10.15.260 and not redeemed for a period of 30 days after the date of mailing notice pursuant to NMC 10.15.220, or the taking of the vehicle into custody of the city, whichever is later, may be disposed of by the chief of police in accordance with ORS 819.210 through 819.260. [Ord. 2389, 10-3-94. Code 2001 § 72.57.]

10.15.280 Disposition of motor vehicles appraised at $750.00 or less.

Any motor vehicle appraised at a value of $750.00 or less under NMC 10.15.260 and which remains unclaimed and unredeemed for a period of 30 days after the date of mailing of notice pursuant to NMC 10.15.220 or the taking of the vehicle into custody by the city, whichever is later, may be disposed of in accordance with ORS 819.210 through 819.260. No such vehicle shall be sold or transferred to any person without first requiring such person to comply with the provisions of and execute the forms required by ORS 819.220. [Ord. 2389, 10-3-94. Code 2001 § 72.58.]

10.15.290 To be held at expense of owner.

Except as provided in NMC 10.15.240(E), unclaimed motor vehicles which come into the custody, actual or constructive, of the city for any reason shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care, and custody of such property shall be paid by the owner or other person lawfully entitled to possession of the property before such property may be released. [Ord. 2389, 10-3-94. Code 2001 § 72.59.]

10.15.300 Vehicle inventory.

Any vehicle impounded by direction of the police department, under a provision of this chapter or state law, shall have a written inventory list produced by the police department, itemizing all property contained within the impounded vehicle, which, in the judgement of the person conducting the inventory, has a value of $100.00 or more. For the purpose of this section only property not attached to the vehicle must be identified on the inventory list. [Ord. 2389, 10-3-94. Code 2001 § 72.60.]

Cross-reference: See ORS 819.110 and 819.220 for impoundment of vehicles.

Article V. Residential Parking Zones – Designation Procedures

10.15.310 Eligibility and application.

In order to restrict parking between the hours of 8:00 a.m. and 3:00 p.m., property owners along the street(s) which has been declared eligible for designation as a residential parking zone are required to make a formal application to the city on a form to be approved by the city manager.

A. Eligible for Designation. The city council may declare certain street(s) within certain areas eligible for designation as a residential parking zone. The city council shall make this declaration by resolution. Such designation is a legislative decision of the city council and may be referred to the traffic safety commission for recommendation. The city may establish a form by which any property owner may request that the city council declare street(s) eligible for such designation.

B. Formal Application. The formal application shall include the following information:

1. Names, addresses, and phone numbers of the owners of the property and other pertinent information as required by the city manager or a designee.

2. A signature page containing at least 10 percent of affected property owners’ signatures indicating support of a residential parking zone on the proposed street(s). Each parcel of property within the designated application request shall be entitled to one vote.

3. Once the application is received, the city manager, or designee, shall review the application and cause a formal notice with voting card to be mailed to the legal owner(s) of each parcel of property located within the application’s designated request.

4. Vote – Notification of Decision.

a. Voting cards shall be mailed providing 14 days from the date of mailing to respond either for or against the creation of the zone. After expiration of the 14-day period, the city manager, or designee, shall tally the return votes to determine if 60 percent voted in favor of creation of the parking zone.

b. If 60 percent or more of the property owners vote in favor of creating the residential parking zone, the city manager or designee may approve the creation of a residential property zone and notification of this decision will be sent to affected property owners providing a 10-day period to appeal the decision.

5. Appeal.

a. If an appeal is received, the application and the decision will be forwarded to the traffic safety commission to hold a public hearing and decision in accordance with the procedure for making general traffic decisions.

b. All decisions of the commission shall be final unless appealed in accordance with the procedures established for appealing traffic safety commission decisions.

6. If no appeal is received, the city manager or designee may implement the decision concerning the zone.

7. If less than a 60 percent vote in favor of creation of the parking zone is received, the city manager or designee shall cause a mailing to be sent to affected property owners indicating the failure to meet the required number of votes to create a residential parking zone. [Ord. 2528, 8-7-00. Code 2001 § 72.70.]

10.15.320 Implementation.

The city manager, or designee, shall establish procedures and standards for the issuance of permanent and temporary permits to residents and property owners that will allow property owners, residents, and residents’ guests to park their vehicles within residential parking zones during restricted hours. At a minimum, rules shall be established that identify criteria for the following:

A. Issuance, surrender and revocation of permits;

B. Evidence of proof of property ownership, residency, and vehicle ownership;

C. Terms, or time limit, of the permit;

D. Standards for display of the permit;

E. A temporary permit to nonresident vehicles to park in the area for temporary periods. [Ord. 2528, 8-7-00. Code 2001 § 72.71.]

10.15.330 Prohibited acts.

It shall be unlawful for any person to:

A. Provide false information in connection with an application for a permanent or temporary permit.

B. Fail to surrender a permit, when requested to do so, when the person is no longer entitled to the permit.

C. Use a permit when the permit holder is no longer entitled to the permit.

D. Use or allow the use of a temporary permit in a manner inconsistent with the terms and limitations of the permit.

E. Park in a designated residential parking zone without a valid residential or guest parking permit. [Ord. 2528, 8-7-00. Code 2001 § 72.72.]

Penalty: See NMC 10.15.410.

10.15.340 Official signs.

The city shall cause to be installed and maintained official signs for residential parking zones which clearly identify the parking restrictions for nonresidents and the exception to those restrictions for permit holders within the residential parking zone. [Ord. 2528, 8-7-00. Code 2001 § 72.73.]

10.15.350 Removal of designation.

A designated residential parking zone may be removed through a formal application process. The application must include a signature page containing at least 10 percent of affected property owners’ signatures indicating they are in support of removal of the designated residential parking zone. Once the application is received, the city manager, or designee, shall review the application and cause a formal notice with voting card to be mailed to the legal owner(s) of each parcel of property located within the application’s designated request.

A. Voting cards shall be mailed providing 14 days from the date of mailing to respond either for or against removal of the zone. After expiration of the 14-day period, the city manager, or designee, shall tally the return votes to determine if 60 percent voted in favor of removing the designated residential parking zone has been met. Each parcel of property within the designated application request shall be entitled to one vote.

B. If 60 percent or more of the property owners voted in favor of removing the residential parking zone, the city manager or designee shall cause a notification to be sent to affected property owners stating that the designation will be removed and providing a 10-day period to appeal the removal of the residential parking zone.

C. Appeal.

1. If an appeal is received, the application and the decision will be forwarded to the traffic safety commission to hold a public hearing and decision in accordance with the procedure for making general traffic decisions.

2. All decisions of the commission shall be final unless appealed in accordance with the procedures established for appealing traffic safety commission decisions.

D. If no appeal is received, the city manager or designee shall remove the residential parking zone designation. [Ord. 2528, 8-7-00. Code 2001 § 72.74.]

10.15.360 Authority of city.

Nothing in this article shall require the city council to declare a certain area eligible for designation as a residential parking zone. Nothing in this article shall require the city to designate or remove the designation of residential parking zone from any street(s) within an eligible area. The city council shall have the authority at any time to remove or amend the designation of residential parking zone from any street(s) within certain areas. [Ord. 2528, 8-7-00. Code 2001 § 72.75.]

10.15.370 One-year restriction.

Applications to designate areas as residential parking zones or applications to remove a designation of residential parking zones shall not be accepted for processing within one year of a final decision concerning the designation or removal of the restricted parking zone designation concerning any street(s) within an affected area that was the subject of the final decision. This prohibition applies if any of the affected street(s) was within the affected area considered in the previous application. The city council may give permission for the application to be accepted and processed. [Ord. 2528, 8-7-00. Code 2001 § 72.76.]

Penalty: See NMC 10.15.410.

10.15.380 Certain eligible streets enumerated.

The following streets are eligible for designation as a residential parking zone: Hawthorne Drive, Hawthorne Loop, Birch Lane, Willow Drive, Elm Lane, Alder Lane and Sitka Avenue (Haworth intersection to Newberg High School), Emery Drive, Douglas Avenue (Emery to Cedar Street) and Deborah Road (Douglas Avenue to Haworth). [Ord. 2528, 8-7-00. Code 2001 § 72.77.]

10.15.390 Review and report.

Twelve months following the creation of the first residential parking zone, the traffic safety commission will hold a public hearing to receive public comment on the effectiveness of the parking zone and cause a report of findings to be forwarded to the city council for review. [Ord. 2528, 8-7-00. Code 2001 § 72.78.]

10.15.400 Revocation of permit.

The city manager or designee is authorized to revoke any permit when the permit holder is found to be in violation of NMC 10.15.310 through this section, and, upon written notification of the revocation, the permit holder shall surrender the permit to the chief of police or designee. [Ord. 2528, 8-7-00. Code 2001 § 72.79.]

Article VI. Penalty

10.15.410 Penalty.

A. Violation of any provision of this chapter for which no other specific penalty is provided is punishable as a city Class 3 civil infraction, and shall be processed in accordance with the procedures set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.

B. Violation of NMC 10.15.120 through 10.15.150 is punishable as a city Class 5 civil infraction, and shall be processed in accordance with the procedures set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.

C. Violation – Impound Fee – Disposal of Vehicle.

1. Violation of any provision of NMC 10.15.200(C) is an infraction and punishable by a forfeiture not to exceed the cost of the towing and storage bill, $75.00 city impound fee, and, if the vehicle is stored in the city’s impound lot, a storage fee in the amount of $10.00 per day commencing at 00:01 hours on the day following the impoundment of the vehicle. If redemption is not made, within 30 days after the vehicle is impounded, such vehicle shall be disposed of in accordance with provisions of state law.

2. Violation of a provision identical to a state statute is punishable by the penalty prescribed by the state statute.

D. The penalties for violation of NMC 10.15.310 through 10.15.400 are as follows:

1. The penalty for violation of any section related to the application or improper use of the residential parking permit shall be punishable by a Class 4 civil infraction.

2. The penalty for violation of prohibited parking in a designated residential parking zone is punishable by a Class 5 civil infraction. [Ord. 2552, 11-19-01; Ord. 2528, 8-7-00; Ord. 2389, 10-3-94. Code 2001 § 72.99.]

Cross-reference: For vehicle disposal laws, see ORS 819.210 and 819.220 and Title 59 ORS, generally.