Chapter 10.05 GENERAL PROVISIONS

The following enumerated portions of the Oregon Vehicle Code in effect on the effective date of the ordinance codified in this chapter are hereby adopted by reference and made a part of this chapter, except for any provisions to the extent they describe, prohibit, or impose penalties for felonies:

ORS Chapter 153	ORS Chapter 813
ORS Chapter 801	ORS Chapter 814
ORS Chapter 802	ORS Chapter 815
ORS Chapter 803	ORS Chapter 816
ORS Chapter 805	ORS Chapter 818
ORS Chapter 806	ORS Chapter 819
ORS Chapter 807	ORS Chapter 820
ORS Chapter 809	ORS Chapter 821
ORS Chapter 810	ORS Chapter 822
ORS Chapter 811	ORS Chapter 823

(Ord. 469 § 1, 2006; Ord. 444 § 1, 2004; Ord. 371 § 1, 1997)

10.05.020 Definitions.

In addition to those definitions contained in the adopted sections of the Oregon Vehicle Code in VMC 10.05.010, the following words or phrases, except where the context clearly indicates a different meaning, shall mean:

(1) “Curb” means the extreme edge of the roadway.

(2) “Driveway” means an area on private property where automobiles and other vehicles are operated or allowed to be parked or stored.

(3) “Front yard” means an area extending the full width of an improved residential lot between its side property lines, the front property lot line and a line that is an extension of the front line of the residential structure located on a lot, excluding a driveway. The front yard of a corner lot shall be determined by the street address of the residence located on such lot.

(4) “Holidays,” where used in this chapter or on signs in accordance with this chapter, shall mean: Sundays, New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and any other legal holidays designated as such by the statutes of the state of Oregon or proclaimed as such by the city council.

(5) “Parking strip” means the area between a street and the sidewalk which is parallel to that street.

(6) “Person” means every natural person, firm, partnership, association or corporation.

(7) “Play street” means a street or roadway upon which vehicular traffic is prohibited or restricted during a certain time or times.

(8) “Vehicle” means and includes any house trailer, mobile home, motor vehicle, truck, passenger motor vehicle, recreational vehicle, motorhome, camper, cabin, motorcycle, trailer, boat, farm machinery or similar equipment, or any truck with more than two axles or any trailer, mobile home or motorhome with a length exceeding 20 feet. (Ord. 554 § 1, 2019; Ord. 371 § 2, 1997)

10.05.030 Traffic control.

(1) General Powers of the City Council. Subject to state laws and regulations, the city council shall exclusively exercise all municipal traffic authority for the city, except for those powers specifically delegated to the city administrator or public works director in this chapter or any other ordinance, which delegated powers may be exercised either by the city council or by the city administrator or public works director.

(2) Designation of Powers. The powers of the city council shall include, but not be limited to, the power to establish, regulate, or designate the following, by resolution or otherwise:

(a) Through streets;

(b) One-way streets;

(d) Parking meter zones;

(e) No parking or restricted parking zones;

(f) City owned or leased lots or property on which public parking will be permitted, and setting charges for such parking;

(g) Angle of parking;

(h) Special speed regulations for city parks, municipal parking lots, and city streets;

(i) Use of certain streets by any class or kind of vehicle or by vehicles exceeding maximum weight or length;

(j) Type, location, and time of operation of traffic control signals, kinds or devices;

(k) Bus stops, bus stands, taxi cab stands, and stands for other passenger-carrier vehicles, passenger loading zones, and commercial loading zones;

(l) Crosswalks, safety zones, and traffic lanes;

(m) Areas where left, right, or U-turns are prohibited and the times when such prohibitions apply;

(n) Play streets;

(o) A uniform citation form or forms to be used to initiate proceedings for violations of this chapter;

(p) Rules requiring trimming of hedges, shrubbery or trees extending over the street. (Ord. 371 § 3, 1997)

10.05.040 Duties of the public works director.

The public works director shall have the nonexclusive power to exercise those powers listed in VMC 10.05.030(2)(e), (g), (h), (i), (j), (k), (1), (m) and (p). Whenever such powers are exercised, the public works director shall make a report to the next regularly scheduled meeting of the city council, and the city council shall have the power to reverse or override any decision of the public works director or exercise of the public works director’s powers granted by this chapter. (Ord. 371 § 4, 1997)

10.05.050 Duties of city administrator.

The city administrator shall have the nonexclusive power to exercise those powers listed in VMC 10.05.030(2)(d), (f), (h), (i), (j), (k), (n) and (o). Whenever such powers are exercised, the city administrator shall make a report to the next regularly scheduled meeting of the city council, and the city council shall have the power to reverse or override any decision of the city administrator or exercise of the city administrator’s powers granted by this chapter. (Ord. 371 § 5, 1997)

10.05.060 Authority of law enforcement and fire fighting personnel.

In the event of a fire or other emergency, or to expedite traffic, or to safeguard pedestrians, law enforcement, fire fighting or emergency medical personnel may direct traffic as conditions may require, notwithstanding the provisions of this chapter. (Ord. 371 § 6, 1997)

II. Pedestrians

10.05.070 Use of sidewalks.

Pedestrians shall not use any roadway for travel when sidewalks abutting the same are available. No pedestrian shall cross the street at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. (Ord. 371 § 7(1), 1997)

10.05.080 Use of crosswalks.

Pedestrians must use crosswalks. No pedestrian shall cross the street other than within a crosswalk in blocks with marked crosswalks. (Ord. 371 § 7(2), 1997)

III. Parades and Processions

10.05.090 Permits required for parades.

No procession or parade, except a funeral procession, or convoy of the United States armed forces and the military forces of this state, may occupy, march or proceed along any street except in accordance with a permit issued by the city administrator. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not cause damage, or unreasonably interfere with the public use of the street or the peace and quiet of the inhabitants of the city of Veneta. (Ord. 371 § 8(1), 1997)

10.05.100 Funeral processions.

(1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable.

(2) The procession shall be accompanied by adequate escort vehicles for traffic control.

(3) All motor vehicles in the procession shall be operated with their lights turned on.

(4) No person shall unreasonably interfere with a funeral procession.

(5) No person shall operate a vehicle which is not a part of the procession between the vehicles of a funeral procession. (Ord. 371 § 8(2), 1997)

10.05.110 Storage of vehicles prohibited.

(1) No vehicle shall be parked for storage on a public street, right-of-way or alley for a period in excess of 30 days. A vehicle shall be conclusively determined to have been “parked for storage” if it is parked in the same position for a period of 30 days. The continuity of time shall not be deemed broken by movement of the vehicle elsewhere on the same city block or in the same alley unless the movement removes the vehicle from that city block or alley where it was located before it is returned.

(2) When a vehicle is found in violation of subsection (1) of this section a law enforcement officer shall issue a citation for the violation and after 24 hours may treat the vehicle as an abandoned vehicle and remove it pursuant to VMC 10.10.020 (1)(b).

(3) No citation for violation of this section will be issued unless notice to move the vehicle has been attached to the vehicle by any law enforcement officer or city employee, not less than 24 hours before the citation is issued. (Ord. 371 § 9, 1997)

IV. Parking

10.05.120 Method of parking.

(1) 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 angled parking.

(2) 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, unless the size or shape of such vehicle makes compliance impossible.

(3) Whenever the owner or driver of the vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the fire department has been summoned, the owner or driver shall immediately remove such vehicle from the area unless otherwise directed by police or fire officials. (Ord. 371 § 10, 1997)

10.05.130 Prohibited parking.

(1) No person shall park and no owner shall allow a vehicle to be parked or stored:

(a) In violation of any posted signs prohibiting or restricting parking, or in violation of ORS Chapter 811 or any other state statutes incorporated into this chapter by reference in VMC 10.05.010, or adjacent to any curb or portion of a curb marked in yellow, or for any period exceeding 24 hours after a notice to move the vehicle has been attached to the vehicle by any law enforcement officer or employee of the city;

(b) In any alley or street, except to load or unload persons or materials, not to exceed 30 consecutive minutes in any two-hour period;

(i) Displaying the vehicle for sale;

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

(iii) Storing any recreational vehicle, trailer, camper, or other vehicle or trailer designed or used for sleeping purposes or not primarily intended for the transportation of people for a period longer than 48 hours, on any public property, street, right-of-way or alley, unless a permit is obtained from the city administrator, or his designee, and displayed on an inside window or windshield of the vehicle;

(iv) Storing an inoperable vehicle or storing goods or trash in any empty trailer for more than 15 hours;

(d) In a driveway that blocks clear vision or upon or over a sidewalk, or upon a portion of driveway that intersects a sidewalk;

(e) Upon a parking strip, except where specifically authorized;

(f) On any city lot, park, or other city-owned property, unless a permit is obtained from the city administrator, or his designee, and the permit is displayed on an inside window or windshield of the vehicle; or the place where the vehicle is parked is marked or posted as a public parking area for no longer than 24 hours, or as specifically designated;

(g) Within the area of the curb or curb line and the sidewalk line or outer edge of the sidewalk, commonly known as the parking strip;

(h) In the front or side yard on any unimproved surface in a residential zone or a lot not in a residential zone but in residential use. For the purposes of this section, an improved surface shall consist of asphalt, concrete, cement or pavers sufficient to support the weight of a permanently parked vehicle. Rock, gravel and similar materials not in a retention and stabilization grid or similar material do not constitute an improved surface within a front yard, but may constitute an improved surface in side and rear yards. Parking on an improved surface in a front yard is allowed only on a driveway located between a garage, carport, or equivalent to the closest street frontage. (Ord. 555 § 1, 2019; Ord. 554 § 2, 2019; Ord. 488 § 1, 2009)

10.05.140 Parking permits.

The public works director, city administrator, or their designees may issue permits for overnight parking in accordance with VMC 10.05.130(3)(c) and (5) subject to the following conditions:

(1) The proposed activity for which the permit is issued is not likely to cause the peace and quiet of any person to be disturbed;

(2) The proposed activity is unlikely to result in litter, trash, garbage, sewage, or other unsanitary material being placed or left on city property;

(3) The application is made on the application form established by the city administrator and accompanied by an application fee established by the city administrator. (Ord. 371 § 12, 1997)

10.05.150 Moving a parked vehicle.

The moving of any vehicle within a city block or alley shall not be deemed to extend the time of parking. (Ord. 371 § 13, 1997)

V. Parking Citations and Owner Responsibility

10.05.160 Citation on illegally parked vehicle.

Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter, or state law, the law enforcement officer finding the vehicle shall take its license number and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge against the operator to appear at the court date on the issued citation. (Ord. 554 § 3, 2019; Ord. 371 § 14, 1997)

10.05.170 Failure to comply with traffic citation attached to a parked vehicle.

If the operator does not respond to a traffic citation affixed to a vehicle within a period of 30 days, the municipal judge or his designee may send to the owner of the vehicle to which the traffic citation was affixed a letter informing the owner of the violation and warning the owner that, in the event that the penalty is not paid or the citation is not answered for by the assigned court date:

(1) The fine will be doubled; and

(2) The vehicle may be impounded at the judge’s discretion, and the impounded vehicle shall not be released until outstanding fines and charges are paid. (Ord. 554 § 4, 2019; Ord. 384 § 3A, 1998; Ord. 371 § 15, 1997)

10.05.180 Owner responsibility.

The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner’s consent. The owner of a vehicle shall have the burden of proving that the use of the vehicle was obtained without the owner’s consent. (Ord. 371 § 16, 1997)

10.05.190 Registered owner presumption.

In the prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a rebuttable presumption that the defendant was then the owner-in-fact. (Ord. 371 § 17, 1997)

VI. Impoundment of Vehicles

10.05.200 Impoundment.

When a motor vehicle or motor vehicle part is standing or parked in violation of any city regulation or ordinance, it shall be given a traffic citation and may be removed by any law enforcement officer or public works employee of the city in accordance with Chapter 10.10 VMC, governing the removal of abandoned vehicles. (Ord. 371 § 18, 1997)

10.05.210 Redemption.

The owner of the vehicle or the vehicle part, or his agent authorized to redeem it, may redeem it by paying to the city the costs of towing and storing the vehicle, as established by the city administrator, together with all unpaid, uncontested parking citations, and municipal court bail forfeitures. (Ord. 371 § 19, 1997)

10.05.220 Sale.

A motor vehicle or motor vehicle part so impounded and not so redeemed within 30 days after the impoundment shall be sold in accordance with Chapter 10.10 VMC, governing the sale of abandoned vehicles. (Ord. 371 § 20, 1997)

VII. General Regulations

10.05.230 Public parks.

No person shall drive a vehicle on any public park or other city property except on roads, parking lots, or other areas designated for vehicle traffic. The provisions of this section shall not apply to law enforcement, fire department, or public works department personnel, or other authorized agents of the city, in the exercise of their official duties. (Ord. 371 § 21, 1997)

10.05.240 Speed limits in public parks.

No person shall drive a vehicle upon any road or parking lot in any public park at a speed exceeding 15 m.p.h., unless signs erected indicate otherwise. (Ord. 371 § 22, 1997)

10.05.250 Boarding or alighting from vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion. (Ord. 371 § 23, 1997)

10.05.260 Unlawful riding.

No person shall ride on any vehicle upon any portion not designated or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person, or persons riding within truck bodies in space intended for merchandise except to the extent prohibited by state statutes or regulations. (Ord. 371 § 24, 1997)

10.05.270 Clinging to vehicles.

No person riding upon any bicycle, motorcycle, coaster, skateboard, roller skates, sled, or any toy vehicle shall attach the same or himself to any moving vehicle upon any public roadway. (Ord. 371 § 25, 1997)

10.05.280 Use of roller skates and skateboards restricted.

No person upon roller skates, or riding in or by means of any skateboard, toy vehicle or similar device, shall go upon any street except while crossing at a crosswalk, or upon a play street. (Ord. 371 § 26, 1997)

10.05.290 Damaging sidewalks and curbs.

No person shall:

(1) Drive a vehicle upon or within any sidewalk or parking strip area except to cross at a permanent or temporary driveway;

(2) Place any dirt, wood, or other material in the gutter or space next to the curb of any street with the intent of using the same as a driveway;

(3) Remove or damage in any way any portion of any curb or move any heavy vehicle or thing over and upon a curb or sidewalk without first obtaining a permit from the city administrator or public works director. An application for a permit under this section shall include a statement of the reasons why such permit is sought, and shall be accompanied by an application fee as established by the city administrator. The city administrator may require, as a condition of the issuance of a permit, that the person applying for such permit agree to pay for the cost of repairing any and all damage to the curb or sidewalk caused by the proposed activity;

(4) The provisions of this section shall not apply to city maintenance vehicles, law enforcement vehicles, fire department vehicles, or other emergency vehicles. (Ord. 371 § 27, 1997)

10.05.300 Obstructing streets.

No person shall park or leave any vehicle, or any part thereof, or any trailer, box, ware or merchandise of any description, or any other thing that in any way impedes traffic, or obstructs the view, upon any street, alley, parking strip, sidewalk, or curb, except by such lawful use and parking of vehicles as is allowed by the ordinance codified in this chapter or other ordinances of this city. (Ord. 371 § 28, 1997)

10.05.310 Depositing material in streets.

(1) No person shall throw, place, deposit, scatter, or drop any gravel, rubbish, earth, asphalt, lumber, or other materials on a paved street or alley unless deposited in one pile for immediate use; provided, that no such pile shall obstruct the flow of water through a ditch, drain or gutter, or obstruct the flow of traffic. Such materials must also be prevented from washing into storm systems or drainageways. The provisions of this subsection shall not apply to city, county, or state employees or contractors engaged in maintenance, repair or construction of roadways or other public property.

(2) Any person causing glass to be broken upon, or any party to a collision, or other vehicle accident upon any street of this city shall immediately remove or cause to be removed from such street all glass and other foreign substance.

(3) Any person violating this section shall remove all such materials from the roadway, and, in case of failure to do so on demand from the city administrator or his designee, the city may clean the roadway of such materials and charge the expense to said person. (Ord. 384 § 3A, 1998; Ord. 371 § 29, 1997)

VIII. Bicycles

10.05.320 Effect of regulations.

(1) No parent or guardian of any minor child shall authorize or knowingly permit any such minor child or ward to violate any of the provisions of this chapter or state law.

(2) Provisions of this chapter relating to bicycles shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein. (Ord. 371 § 31, 1997)

10.05.330 Bicycle dealers.

Every person engaged in the business of buying secondhand bicycles shall maintain a record of every bicycle purchased, giving the name and address of the person from whom purchased, a description of such bicycle by name or make, the frame number thereof, and the license number, if any, found thereon. (Ord. 371 § 32, 1997)

10.05.340 Parking.

No person shall park a bicycle upon a street or upon a sidewalk except in a rack to support the bicycle, or against a building or at the curb, in such a manner to afford the least obstruction to pedestrian traffic. (Ord. 371 § 33, 1997)

10.05.350 Bicycle licenses.

The city administrator may issue bicycle licenses to bicycle owners requesting such licenses, for purpose of identification. Fees for such bicycle licenses shall be set by the city administrator or by resolution. (Ord. 371 § 34, 1997)

IX. Existing Regulations

10.05.360 Existing signs and regulations.

All official traffic signs and signals existing at the time of the adoption of the ordinance codified in this chapter, such as stop signs, caution signs, slow signs, no-reverse-turn signs, signs designating time limits for parking or prohibiting parking, lines marked on streets or curbs designating parking areas or markers designating loading zones, parking meters, and all other official traffic signs or signals erected, installed or painted for the purpose of directing, controlling, and regulating traffic, are hereby approved. (Ord. 371 § 35, 1997)

X. Violations – Penalties

10.05.370 Violations – Penalties.

(1) Violation of any provision of this chapter which incorporates a state statute, which is a misdemeanor, shall be punishable as a violation with a fine not to exceed $1,000.

(2) Except where other penalties are specifically provided, the penalty for a violation of any provision of this chapter which incorporates a state statute which is a violation shall be identical to the penalties for those state statutes.

(3) Where any section of this chapter is substantially similar to a state statute, but does not adopt the state statute by reference, the maximum and minimum penalties shall be limited to the maximum and minimum fines provided for in the substantially similar statute.

The provisions of this section shall not be construed to affect penalties provided by any section of this chapter which are less severe than the penalties provided for in a substantially similar state statute. For purposes of this chapter, a state statute is substantially similar to a city ordinance if the same conduct is prescribed and the elements of the offense are the same.

(4) Any person found to have violated any other provision of this chapter shall incur a civil penalty not to exceed $250.00, together with the cost of repairing any city property damaged by such violation or removing any materials placed or left on city roads or property in violation of this chapter.

(5) Whether or not a state statute incorporated by this chapter or substantially similar to any section of this chapter provides for imprisonment, no imprisonment shall be allowed under any section of this chapter. (Ord. 486 § 9, 2009; Ord. 448 § 19, 2004; Ord. 371 § 36, 1997)