Chapter 12.16
SIDEWALKS
Sections:
12.16.020 Bicycle/skateboard operation and impound.
12.16.030 Obstructions in right-of-way and sidewalk maintenance.
12.16.050 Owners to maintain landscaping in right-of-way.
12.16.010 Location--Width.
A strip of land ten feet in width on each side of all streets in the city is reserved for sidewalks and park row. The sidewalks shall be six feet in width from the property line. The sidewalks shall be six feet in width from the property line outside the park row to be four feet in width from outer edge of walk to outer edge of curb. All trees and shrubs for ornamental purposes should be planted in the center of the park row in straight lines.
(Ord. 12 § 1, 1910)
12.16.020 Bicycle/skateboard operation and impound.
A. In addition to observing all other applicable provisions of this chapter and state law pertaining to bicycles, a person shall:
1. Not leave a bicycle, except in a bicycle rack. If no rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance.
2. Not ride a bicycle on any sidewalk within the city.
3. No person shall leave a bicycle on private property without the consent of the owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited.
4. A bicycle left on public property for a period in excess of twenty-four hours may be impounded by the police department.
5. In addition to any citation issued, a bicycle parked in violation of this chapter, that obstructs or impedes the free flow of pedestrian or vehicular traffic or otherwise endangers the public, may be immediately impounded by the police department.
6. If the owner of a bicycle impounded under this section can be readily determined, the police shall make reasonable efforts to notify the owner.
7. A bicycle impounded under this section, that remains unclaimed, shall be disposed of in accordance with city and state laws.
B. Skateboard Regulations. The following regulations apply to the operation of a skateboard on a public street, sidewalk or public property:
1. Protective Headgear. Any person operating a skateboard shall wear protective headgear of a type approved under ORS 815.052 for bicycle helmets. Provided, however, protective headgear shall be required only when operating a skateboard on public streets. Headgear is recommended on sidewalks or public property.
2. Yield Right-of-Way. Any person operating a skateboard shall yield the right-of-way to any vehicle, such as a motor vehicle, bicycle or pedestrian, including yielding the right-of-way to any vehicle when approaching or crossing a driveway.
3. Standing Position. Any person operating a skateboard shall operate the skateboard in a standing position.
4. Operating on Right-hand Side. While on a street, a person shall ride a skateboard as close as possible to the right-hand curb or edge of the roadway.
5. Single File. No person shall ride a skateboard on any street along side of another person riding a skateboard, bicycle or motor vehicle, unless overtaking and passing such skateboard, bicycle or motor vehicle.
6. Equipment. No skateboard shall be operated on any public street or sidewalk between thirty minutes after sunset and thirty minutes before sunrise unless the skateboard or rider is equipped with lighting equipment that meets the following requirements:
a. The lighting equipment must show a white light visible from a distance of at least five hundred feet to the front of the skateboard.
b. The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.
c. Traffic Control Devices. Any person operating a skateboard shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles.
d. Traffic Regulations. The operation of a skateboard on a street shall be subject to all of the provisions or laws of the state and the laws of the city, including those applicable to the drivers of vehicles, except as to the latter, those provisions that by their very nature have no application.
e. Operation on Sidewalks. No person shall operate a skateboard on a sidewalk:
i. So as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard;
ii. Without giving an audible warning before overtaking and passing a pedestrian;
iii. At a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This subsection does not require reduced speeds for skateboards either:
(A) At places on sidewalks or other pedestrian paths other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic, or
(B) When Motor Vehicles Are Not Present. Except as otherwise specifically provided in this chapter, an operator of a skateboard on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.
7. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon the streets, sidewalks or any other public property.
8. Hitching on Vehicles. No person while operating a skateboard shall in any way attach themselves or the skateboard to any moving motor vehicle.
9. Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a careless manner means the person rides a skateboard in a manner that endangers or would be likely to endanger any person or property.
(Ord. 886 (part), 2007: Ord. 12 § 2, 1910)
12.16.030 Obstructions in right-of-way and sidewalk maintenance.
A. No person shall place, cause to be placed, or permit to remain on a street or sidewalk anything that obstructs or interferes with public use of a street or sidewalk or interferes with the normal flow of pedestrian or vehicular traffic. The provisions of this section do not apply:
1. To merchandise in the course of receipt or delivery, unless the merchandise remains upon a street or sidewalk for a period longer than one hour;
2. To merchandise displayed for retail sale by prior express permission of the council on such terms and conditions as the council may provide.
B. No person shall post, place, plant or attach in any way a sign on a parking strip, sidewalk or curb, utility pole, wall, hydrant, bridge, or tree in the public right-of-way or on public property, or place, attach or post a sign on a vehicle in order to use the public right-of-way or public property for commercial advertising by parking that vehicle in or on a public street, right-of-way, or public property.
C. The provisions of subsection B do not apply to:
1. Delivery trucks displaying advertising relating the trucks owner’s business or to public service, but only while such trucks are being loaded or unloaded;
2. Vehicles for commercial use on which only the name, address, and the business engaged in by the vehicle owner is painted or attached permanently or by magnetic placard.
D. No person shall attach any object to the ground, sidewalk, curb, pavement, or to any pole, wall, hydrant, tree or structure in the public right-of-way or on public property except by prior express permission of the council on such terms and conditions as the council may provide.
E. No person shall apply paint or similar substance to any sidewalk, curb, gutter, pavement or other portion of the public right-of-way without written permission of the chief of police.
F. Violation of this section constitutes a violation. Each day in which the obstruction or sign is caused or allowed to exist constitutes a separate violation.
G. The placing of obstructions or signs in the right-of-way, or on public property without consent, is declared to be a public nuisance, and the chief of police may summarily abate the nuisance.
H. The owners of property within the city shall inspect and maintain all sidewalks abutting upon their property in a condition safe for use by the public at all times. If any property owner, by his neglect to perform any duty required of him by this section, causes injury or damage to any person or property, he shall be liable to the person suffering such injury or damage and shall indemnify the city for all damages it has been compelled to pay in such case. Such damages may be collected in a civil action against the property owner.
(Ord. 886 (part), 2007: Ord. 12 § 3, 1910)
12.16.040 Violation--Penalty.
Violation of any provision of this chapter shall be punishable upon conviction by a fine pursuant to Section 1.20.020 of this code.
(Ord. 886 (part), 2007: Ord. 12 § 4, 1910)
12.16.050 Owners to maintain landscaping in right-of-way.
A. The owners of property abutting streets, other than arterial and collector streets in residential zoning districts within the city, shall be responsible for the care and maintenance, including trimming, pruning and spraying of trees and shrubs or other landscaping located on the public right-of-way and for repairing damage done to a street, sidewalk or curb by the roots of any tree or shrub located on the public right-of-way adjacent to the private real property owned by the property owner. No material shall be used in the public right-of-way, such as bark which may be washed off any landscaped area and interfere with drainage in gutters or storm drain pipes.
B. All owners of property within the city shall be responsible for the following:
1. Trimming, pruning and spraying trees on private property that overhang a public right-of-way;
2. Repairing damage done to a street, sidewalk or curb by the roots of any tree or shrub on private property;
3. Removing trees and shrubs on private property that have been declared a public nuisance;
4. Maintenance of all vegetation within the right-of-way abutting the property.
C. If any property owner, by the owner’s neglect to perform any duty required by this section, causes injury or damage to any person or property, that owner shall be liable to the person suffering such injury or damage and shall indemnify the city for all damages the city has been compelled to pay in such case. Such damages may be collected in a civil action against the property owner.
D. Maintenance required by this section shall be done in accordance with the adopted standards and permit requirements.
E. The person working on trees or landscaping on public property shall be responsible for removing all debris from the site by sunset of the same day.
(Ord. 885, 2007)