City Municipal Code Results
VEHICLES AND TRAFFIC
Chapters:
10.04 City Traffic Code
10.08 Parking
10.12 Towing
10.16 Bicycles, Skateboards and Roller Skates
Chapter 10.04
CITY TRAFFIC CODE
Sections:
Article I. Administration and Enforcement
10.04.010 Adoption of state traffic act.
10.04.020 Definitions.
10.04.030 Powers of city council.
10.04.040 Authority of city administrator.
10.04.050 Authority of police and fire officers.
10.04.060 Traffic citations.
10.04.070 Impounding vehicles.
10.04.080 Exemptions.
10.04.090 Existing signs and regulations.
10.04.100 Inclusion of additional state regulations.
10.04.110 Violation--Penalty.
Article II. Signs and Signals
10.04.120 Duty to obey traffic signs and signals.
10.04.130 Vehicles stopping at stop signs.
10.04.140 Stop when traffic obstructed.
10.04.150 Unlawful parking.
Article III. Stopping, Standing and Parking
10.04.160 Method of parking.
10.04.170 Parking of oversize vehicles.
10.04.180 Prohibited parking.
10.04.190 Use of loading zones.
10.04.200 Stopping, standing or parking of buses and taxicabs regulated.
10.04.210 Restricted use of bus and taxicab stands.
10.04.220 Lights on parked vehicles.
10.04.230 Parking or standing exemptions.
Article IV. Pedestrians.
10.04.240 Use of sidewalk.
10.04.250 Crossing at right angles.
10.04.260 Pedestrians must use crosswalks.
Article V. Parades and Processions
10.04.270 Permits required for parades.
10.04.280 Funeral processions.
10.04.290 Drivers in procession.
10.04.300 Driving through procession.
Article VI. General Regulations
10.04.310 Driving under the influence.
10.04.320 Drinking in motor vehicle.
10.04.330 Reckless driving.
10.04.340 Negligent driving.
10.04.350 Duties of drivers and witnesses at accidents.
10.04.360 Limitations on backing.
10.04.370 Vehicles in motion--Right-of-way.
10.04.380 Driving on divided streets.
10.04.390 Emerging from vehicle.
10.04.400 Boarding or alighting from vehicles.
10.04.410 Riding on motorcycles.
10.04.420 Unlawful riding.
10.04.430 Clinging to vehicles.
10.04.440 Use of roller skates restricted.
10.04.450 Prohibited trucking streets.
10.04.460 Compression brakes.
10.04.470 Oversize vehicle permits.
10.04.480 Trains not to block streets.
10.04.490 Damaging sidewalks and curbs.
10.04.500 Removing glass and debris.
10.04.502 ATV--Authority.
10.04.504 Operation of ATV while used for snow plowing.
10.04.506 Operation of city owned ATV.
Article VII. Bicycles
10.04.510 Effect of regulations.
10.04.520 Rental agencies.
10.04.530 Brakes.
10.04.540 Riding on bicycles.
10.04.550 Riding on streets and bicycle paths.
10.04.560 Speed.
10.04.570 Racing.
10.04.580 Carrying articles.
10.04.590 Riding on sidewalks.
10.04.600 Parking.
Article I. Administration and Enforcement
10.04.010 Adoption of state traffic act.
A. The following enumerated Motor Vehicle Laws of Oregon, together with all acts and amendments applicable to cities which are now or hereafter enacted, are adopted by reference and made a part of this chapter:
ORS 133.310
ORS 483.104
ORS 164.650
ORS 483.112 to 483.122
ORS 164.660
ORS 483.126 to 483.140
ORS 166.630
ORS 483.202 to 483.222
ORS 374.265
ORS 483.224 to 483.236
ORS 476.715
ORS 483.302 to 483.338
ORS 481.015
ORS 483.402 to 483.436
ORS 481.020
ORS 483.444 to 483.446
ORS 481.030
ORS 483.448
ORS 481.040
ORS 483.450
ORS 481.050
ORS 483.452
ORS 481.055
ORS 483.458
ORS 481.060
ORS 483.460
ORS 481.070
ORS 483.470
ORS 481.075
ORS 483.472
ORS 481.230(5)
ORS 483.502 to 483.518
ORS 481.225
ORS 483.530 to 483.540
ORS 481.260
ORS 483.544
ORS 482.010 to 482.060
ORS 483.604
ORS 483.002 to 483.034
ORS 483.612
ORS 483.038
ORS 483.614
ORS 483.046 to 483.050
ORS 485.010 to 485.040
ORS 483.102
ORS 649.080
B. The word "to" as used in this section means "to and including" when used in a reference to a series of statute sections, subsections or paragraphs. Except where the context clearly indicates a different meaning, the definitions in ORS Chapter 483 shall apply to all other sections of this chapter. (Ord. 312 § 1, 1966)
10.04.020 Definitions.
In addition to those definitions contained in the adopted sections of the Motor Vehicle Laws of Oregon, the following words or phrases, except where the context clearly indicates a different meaning, shall mean:
"Alley" means a narrow street through the interior of a block.
"Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over fifteen (15) inches in diameter.
"Bus stand" means a fixed area in the roadway adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers.
"City administrator" means the city mayor or his or her authorized representative.
"Curb" means the extreme edge of the roadway.
"Holidays," where used in this chapter or on signs or other devices erected in accordance with this chapter, means Sundays and legal holidays.
"Loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of materials or freight.
"Park" or "parking" means the standing of a vehicle, whether occupied or not, except when a vehicle is temporarily standing for the purpose of and while actually engaged in loading or unloading.
"Parkway" means that portion of a street not used as a roadway or as a sidewalk.
"Passenger loading zone" means a loading zone reserved only for the loading or unloading of passengers and their luggage.
"Pedestrian" means any person afoot.
"Person" means every natural person, firm, partnership, association or corporation.
"Stop" means complete cessation of movement.
"Taxicab stand" means a fixed area in the roadway adjacent to the curb set aside for taxicabs to stand or wait for passengers.
"Traffic lane" means that portion of the roadway used for the movement of a single line of vehicles. (Ord. 312 § 2, 1966)
10.04.030 Powers of city council.
A. After approval by the State Highway Commission where such approval is required by the Motor Vehicle Laws of Oregon and for the best use of the streets in the public interest, the council shall designate by resolution the following traffic controls which shall become effective upon installation of appropriate traffic signs, signals, markings or devices:
1. Through streets;
2. One-way streets;
3. Truck routes;
4. Streets where trucks, machinery or any other large or heavy vehicles exceeding specified weights are prohibited, except for delivering or picking up materials or merchandise but then only by entering such streets at the intersection nearest the destination of the vehicle and by leaving by the shortest route.
B. Except when contrary to state law, if it appears that public safety or welfare does not require the installation or maintenance of a traffic sign, signal, marking or device, or will be better served by the removal or alteration thereof, the council may, by resolution, forbid the installation or order the removal or alteration of any traffic sign, signal, marking or device that is proposed or installed under this chapter. Such traffic controls shall become inoperative only when removed or altered. (Ord. 312 § 3, 1966)
10.04.040 Authority of city administrator.
A. In making the best use of streets and sidewalks for vehicle traffic and parking and pedestrian traffic, the city administrator is authorized to provide appropriate and reasonable regulation of the classes of traffic signs, signals, markings and devices described in subsection B of this section for the streets, sidewalks, and other public property of the city as are found appropriate for public safety, convenience and welfare. Subject to approval by the State Highway Commission where such approval is required by the Motor Vehicle Laws of Oregon, the city administrator shall base his or her determinations only upon:
1. Traffic engineering principles and traffic investigations;
2. Standards, limitations and rules promulgated by the State Highway Commission; and
3. Other recognized traffic control standards.
B. Pursuant to subsection A of this section, the city administrator may establish, maintain, remove or alter the following classes of traffic controls:
1. Street areas and city owned or leased land upon which parking may be entirely prohibited or prohibited during certain hours and the angle of such parking;
2. The location and the time of operation of traffic control signals;
3. Bus stops, bus stands, taxicab stands and stands for other passenger common carrier vehicles;
4. The location of passenger loading zones for use in connection with a hotel, auditorium, theater, church, school or public building;
5. Loading zones for commercial purposes;
6. Intersections or areas where drivers of vehicles shall not make right, left or U-turns and the time when prohibition applies;
7. Crosswalks, safety zones, parking spaces, traffic lanes and other symbols;
8. Traffic control signs;
9. All other signs, signals, markings and devices required to implement traffic and parking controls enacted by the council or required by state law or regulation.
C. Pursuant to subsection A of this section, the city administrator may provide for experimental or emergency traffic regulation of a temporary nature that shall not remain in effect more than thirty (30) days. No experimental or emergency regulation is effective until adequate traffic signs, signals, markings or devices are erected clearly indicating the regulation.
D. The city administrator shall not remove or alter a traffic sign, signal, marking or device if his or her act would be contrary to state law or ordinance. If a traffic sign, signal, marking or device is installed under authority of a resolution of the council, the council shall first approve any change or alteration by the city administrator. (Ord. 312 § 4, 1966)
10.04.050 Authority of police and fire officers.
A. It shall be the duty of the police department through its officers to enforce the provisions of this chapter.
B. In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of this chapter.
C. When at the scene of a fire, members of the fire department may direct or assist the police in directing traffic. (Ord. 312 § 5, 1966)
10.04.060 Traffic citations.
A. Citation. For the violation of any provisions of this chapter, the police department may issue a citation which shall be in the form required by law.
B. Illegal Cancellation of Traffic Citations. No person shall cancel or solicit the cancellation of any traffic citation in any manner except where approved by the municipal judge.
C. When Warrant to be Issued. If any person fails to comply with the terms of a traffic citation, the chief of police shall secure and have served a warrant for the arrest of such persons. (Ord. 312 § 59--61, 1966)
10.04.070 Impounding vehicles.
Whenever a traffic citation is issued for violation of any city traffic regulations, or whenever the police chief determines that a vehicle should be impounded to protect the vehicle or to provide for public safety, the police department may impound the vehicle involved and remove it to a garage, parking lot, or other suitable storage place. The owner of the impounded vehicle or his or her authorized agent may redeem such vehicle upon the payment of the towing an storage charges. If redemption is not made within thirty (30) days after the vehicle is impounded, then such vehicle shall be disposed of in accordance with the procedure provided by ordinance for the disposal of abandoned vehicles. (Ord. 312 § 54, 1966)
10.04.080 Exemptions.
The provisions of this chapter regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles except as provided by the Motor Vehicle Laws of Oregon and as follows:
A. A driver when operating such vehicle in an emergency, except when otherwise directed by a police officer or other authorized person, may park or stand notwithstanding the provisions of this chapter.
B. A driver of a police car or fire department vehicle when operating such vehicle in an emergency may disregard regulations governing turning in specified directions as long as the driver does not endanger life or property;
C. The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his or her reckless disregard for the safety of others. (Ord. 312 § 55, 1966)
10.04.090 Existing signs and regulations.
A. 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 painted or marked on street or curb designating parking areas or spaces, 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 approved.
B. All official traffic signs and signals, existing at the time of the adoption of the ordinance codified in this chapter, such as stop signals, no-reverse signs, signs designating the time limits for parking, lines painted or marked on the street or curb designating park areas, markers designating loading zones, no-parking areas, and all other official traffic signs or signals erected, installed, or painted for the purpose of directing, controlling and regulating traffic shall be considered official under the provisions of this chapter; provided, however, that the commission or common council may, at any time, by resolution, have any such official traffic signs or signals removed or changed; and provided, further, that any additional official traffic signs or signals erected, installed, or painted or marked shall first be authorized by a resolution of the commission or common council. (Ord. 312 §§ 58 and 63, 1966)
10.04.100 Inclusion of additional state regulations.
All state laws regulating and governing traffic on the public highways and streets within said city not specifically included in this chapter shall be considered as a part hereof to all intents and purposes as though written herein. (Ord. 312 § 57, 1966)
10.04.110 Violation--Penalty.
A. Except for Sections 10.04.310 and 10.04.330, any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by imprisonment for not more than ninety (90) days or by a fine not more than three hundred dollars ($300.00), or by both.
B. In addition, bicycles may be impounded for a period not to exceed fifty (50) days. (Ord. 312 § 56, 1966)
Article II. Signs and Signals
10.04.120 Duty to obey traffic signs and signals.
A. All drivers of motor vehicles and all pedestrians shall obey the instructions of every traffic sign, signal, marker or barrier placed in accordance with the Motor Vehicle Laws of Oregon or this chapter, including those erected by any authorized public utility and department of this city or other authorized person, except when necessary to avoid conflict with other traffic or when otherwise directed by a police officer.
B. No unauthorized person shall move, remove or alter the position of, or deface or tamper with any such sign, signal, marker or barrier. (Ord. 312 § 6, 1966)
10.04.130 Vehicles stopping at stop signs.
When stop signs are erected at or near the entrance to any intersection or railroad crossing, every driver of a vehicle approaching such sign shall come to a full stop before entering any crosswalk, intersection, or railroad crossing except when directed to proceed by a police officer or traffic control signal. (Ord. 312 § 7, 1966)
10.04.140 Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the opposite side of the intersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (Ord. 312 § 8, 1966)
10.04.150 Unlawful parking.
Except as provided by this chapter, no person shall letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb, or other portion of any street, or post anything designed or intended to prohibit or restrict parking on any street. (Ord. 312 § 9, 1966)
Article III. Stopping, Standing and Parking
10.04.160 Method of 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 vehicles within twelve (12) inches of the edge of the curb, except where the street is marked or signed for angle parking, in which case motor vehicles shall be parked with the frond head in to the curb at the angle of and between the painted stripes or other markings upon the pavement where such head-in parking is indicated.
B. Where parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within a single marked space.
C. Whenever the owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the fire department has been summoned, he or she shall immediately remove such vehicle from the area unless otherwise directed by police or fire officers.
D. No person, whether in a vehicle or not, shall intrude himself or herself upon a street, or premises, where a fire is in progress in such a manner as to interfere with the fire department in its efforts to extinguish a fire, and no persons shall congregate in the vicinity of a fire in such a manner as to hinder or interfere with the fire department in its efforts to extinguish a fire. (Ord. 312 § 10, 1966)
10.04.170 Parking of oversize vehicles.
Any vehicle which, because of its size or shape cannot be parked as provided by section 10.04.160, may be parked outside the restricted or limited parking area of the city in a manner which will not impede or interfere with vehicular traffic. (Ord. 312 § 11, 1966)
10.04.180 Prohibited parking.
In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall park:
A. A vehicle upon a bridge, viaduct, or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs;
B. A vehicle in an alley except to load or unload persons or materials not to exceed twenty (20) minutes for loading or unloading;
C. A vehicle upon a street for the principal purpose of:
1. Displaying the vehicle for sale,
2. Washing, greasing or repairing the vehicle except repairs necessitated by an emergency,
3. Displaying advertising from the vehicle,
4. Selling merchandise from the vehicle except in an established marketplace or when so authorized or licensed under the ordinances of this city,
5. Storing the vehicle, or as junkage or dead storage for more than seventy-two (72) consecutive hours;
D. A vehicle upon any parkway except where specifically authorized;
E. A vehicle upon private property without the consent of the owners or persons in charge of such private property;
F. Except for the abutting property owner, his or her tenant or invitee, a vehicle on a space which has been designated as reserved for use of the abutting property owner, or words of similar import, where notice of such designation has been provided by a sign posted pursuant to order of the city council. (Ord. 456 § 1, 1992; Ord. 312 § 12, 1966)
10.04.190 Use of loading zones.
A. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials or freight in any place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect.
B. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect. (Ord. 312 § 13, 1966)
10.04.200 Stopping, standing or parking of buses and taxicabs regulated.
The driver of a bus or taxicab shall not stand or park such vehicles upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. (Ord. 312 § 14, 1966)
10.04.210 Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab about to enter or using the same zone. (Ord. 312 § 15, 1966)
10.04.220 Lights on parked vehicles.
No lights need be displayed upon any vehicle parked in accordance with this chapter and upon a street where there is sufficient light to reveal any person or object upon such street within a distance of five hundred (500) feet. (Ord. 312 § 16, 1966)
10.04.230 Parking or standing exemptions.
The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work on the street or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States Mail. (Ord. 312 § 17, 1966)
Article IV. Pedestrians.
10.04.240 Use of sidewalk.
Pedestrians shall not use any roadway for travel when abutting sidewalks are available. (Ord. 312 § 18, 1966)
10.04.250 Crossing at right angles.
No pedestrian shall cross a 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. 312 § 19, 1966)
10.04.260 Pedestrians must use crosswalks.
In blocks where marked crosswalks are established, no pedestrian shall cross the street other than within a marked crosswalk. (Ord. 312 § 20, 1966)
Article V. Parades and Processions
10.04.270 Permits required for parades.
No procession or parade, except a funeral procession, the forces of the United States armed forces and the military forces of this state shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to cause a breach of the peace, cause damage, or unreasonably interfere with the public use of the streets, or the peace and quiet of the inhabitants of the city. (Ord. 312 § 21, 1966)
10.04.280 Funeral processions.
Vehicles in a funeral procession may be escorted by at least one person authorized by the chief of police to direct traffic for such purposes and shall follow routes established by chief of police. (Ord. 312 § 22, 1966)
10.04.290 Drivers in procession.
Except when approaching a left turn, each driver in a funeral or other procession shall drive along the right hand traffic lane and shall follow the vehicle ahead as closely as is practical and safe. (Ord. 312 § 23, 1966)
10.04.300 Driving through procession.
No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic control signals or when so directed by a police officer. This provision shall not apply to authorized emergency vehicles. (Ord. 312 § 24, 1966)
Article VI. General Regulations
10.04.310 Driving under the influence.
Any person who, while being under the influence of intoxicating liquor, barbiturates or narcotic drugs, drives any vehicle upon any street shall be punished upon conviction by imprisonment in the city jail for not more than twelve (12) months and by a fine of not more than five hundred dollars ($500.00) or by both. (Ord. 312 § 25, 1966)
10.04.320 Drinking in motor vehicle.
No person shall consume alcoholic liquor, be under the influence of intoxicating liquor, barbiturates or narcotic drugs while an occupant of a motor vehicle on any street in this city. (Ord. 312 § 26, 1966)
10.04.330 Reckless driving.
Any person who drives any vehicle upon a street carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others is guilty of reckless driving and upon conviction shall be punished by imprisonment for not more than eleven (11) months or by a fine of not more than three hundred dollars ($300.00) or by both. (Ord. 312 § 27, 1966)
10.04.340 Negligent driving.
No person may drive a vehicle upon a street, negligently or carelessly, without due regard for the rights or safety of others, or in a manner so as to fail to exercise due and proper care, or in an unusual or unorthodox manner. (Ord. 312 § 28, 1966)
10.04.350 Duties of drivers and witnesses at accidents.
A. The driver of any vehicle involved in an accident which results in injury or death to any person, or causes damage to a vehicle which is driven or attended by any person, immediately shall stop such vehicle at the scene of the accident, or as close thereto as possible, and shall remain at the scene of the accident until he or she has fulfilled the requirements of subsection B of this section. Every such step shall be made without obstructing traffic more than is necessary.
B. The drivers of any vehicles involved in any accident resulting in injury or death to any person or damages to any such vehicles shall:
1. Give to the other driver or surviving passenger, or any person not a passenger injured as a result of such accident, his or her name, address, and the registration number of the vehicle which he or she is driving, and the name and address of any other occupants of such vehicle;
2. Upon request and if available, exhibit and give the number of his or her operator's or chauffeur's license to the persons injured, or to the occupant of or person attending any vehicle damaged;
3. Render to any person injured in such accident reasonable assistance, including the conveying or making of arrangements for the conveying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by any injured person.
C. Any witness to the accident shall furnish to the driver or occupant of such vehicles or injured person his or her true name and address. (Ord. 312 § 29, 1966)
10.04.360 Limitations on backing.
The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic, and shall in every case yield the right-of-way to moving traffic and pedestrians. (Ord. 312 § 30, 1966)
10.04.370 Vehicles in motion--Right-of-way.
A vehicle which has stopped or parked at the curb shall yield to moving traffic. (Ord. 312 § 31, 1966)
10.04.380 Driving on divided streets.
Whenever any street has been divided into two roadways by a marked intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space provided for vehicle movement or at an intersection. (Ord. 312 § 32, 1966)
10.04.390 Emerging from vehicle.
No person shall open the door of, or emerge from, any vehicle into the path of any immediately approaching vehicle. (Ord. 312 § 33, 1966)
10.04.400 Boarding or alighting from vehicles.
No person shall board or alight from any vehicle while such vehicle is in motion. (Ord. 312 § 34, 1966)
10.04.410 Riding on motorcycles.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is equipped to carry more than one person. (Ord. 312 § 35, 1966)
10.04.420 Unlawful riding.
No person shall ride on any vehicle upon any portion thereof not designed 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. (Ord. 312 § 36, 1966)
10.04.430 Clinging to vehicles.
No person riding upon any bicycle, motorcycle, coaster, roller skates, sled, or any toy vehicle, shall attach the same or himself or herself to any moving vehicle upon the streets. (Ord. 312 § 37, 1966)
10.04.440 Use of roller skates restricted.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any street except to cross at a crosswalk. (Ord. 312 § 38, 1966)
10.04.450 Prohibited trucking streets.
When the use of certain streets is prohibited to trucks exceeding a specified weight, no person shall operate a truck on such streets contrary to such prohibition, except for the purpose of delivering or picking up materials or merchandise, but then only by entering such streets at the intersections nearest the destination of the vehicle and leaving by the shortest route. (Ord. 312 § 39, 1966)
10.04.460 Compression brakes.
A. It is unlawful for any operator of a truck or any other motorized vehicle to activate compression braking or exhaust braking devices within the city limits of the city of Enterprise.
B. Any person violating the provisions of this section shall, upon conviction thereof, for each such offense, be punished by a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00). (Ord 428 §§ 1 and 2, 1984)
10.04.470 Oversize vehicle permits.
When written application is made therefor the city administrator, in accordance with applicable provisions of the Motor Vehicles Laws of Oregon, may grant permits for the use of the streets by vehicles, combination of vehicles or other property, which are prohibited by state law from using the streets because of excessive weight, length or width; and the city administrator may set out in such permit such conditions, regulations and restrictions as the public interest may require, and which shall be sufficient to prevent injury or damage to streets, sidewalks, and all other improvements or private property and to protect the public. Such permit may be cancelled at any time by the city administrator upon satisfactory proof that the permittee has violated any of the terms of the permit, or when in the judgment of the city administrator, the public interest requires cancellation. (Ord. 312 § 40, 1966)
10.04.480 Trains not to block streets.
No person shall operate any train or train of cars, or permit the same to remain standing, so as to block the movement of traffic upon any street for a period of time longer than ten (10) minutes. (Ord. 312 § 41, 1966)
10.04.490 Damaging sidewalks and curbs.
A. The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent driveway.
B. Any person who damages or causes to be damaged any public improvement within the street by driving a vehicle upon or within any sidewalk or parkway area shall be liable for such damage. (Ord. 312 § 42, 1966)
10.04.500 Removing glass and debris.
Any party to a collision or other vehicle accident or any other person causing glass or other material or substance likely to injure any person, animal or vehicle to be upon any street in this city shall, as soon as possible, remove or cause to be removed from such street all such glass or other material or substance. (Ord. 312 § 43, 1966)
10.04.502 ATV--Authority.
ORS 801.040(3) provides the city of Enterprise, as a legal road authority, with power to prescribe rules for operation of Class I all terrain vehicles on streets and highways within its jurisdiction. The city desires to exercise such authority with respect to operation of such vehicles for purpose of snow removal and with respect to operation of such vehicles by the department of public works of the city of Enterprise while maintaining and repairing city streets, sidewalks, parks and water or sewer utilities. (Ord. 533 § 1, 2001)
10.04.504 Operation of ATV while used for snow plowing.
It shall be lawful to operate a Class I all terrain vehicle on a street or highway within the city of Enterprise if said vehicle is equipped for snow removal and such operation is incident to removal of snow from sidewalks, public streets, driveways or other public or private premises or if said vehicle is en route to or from a site where such snow removal is to be undertaken. While being operated on a street or highway for such purpose, the all terrain vehicle shall be equipped and operated as provided by Section 2 of Chapter 529 of Oregon Laws of 2001, a copy of which is attached hereto. (Ord. 533 § 2, 2001)
10.04.506 Operation of city owned ATV.
It shall be lawful for the city of Enterprise department of public works to operate a Class I all terrain vehicle on a street or highway within the city of Enterprise, while maintaining city sidewalks, streets, water or sewer facilities, city parks or other properties or while en route to or from a site where such activities have been or are to be performed. While being operated on a street or highway for such purpose, the all terrain vehicle shall be equipped and operated as provided by Section 2 of Chapter 529 of Oregon Laws of 2001, a copy of which is attached hereto. (Ord. 533 § 3, 2001)
Article VII. Bicycles
10.04.510 Effect of regulations.
A. No parent of any minor child and no guardian of any minor ward shall authorize or knowingly permit any such minor child or ward to violate any of the provisions of this chapter.
B. Except as otherwise provided herein, every person riding or operating a bicycle upon any street or other public place shall be subject to all the provision of this chapter and the laws of the state of Oregon applicable to the drivers of vehicles, except those provisions which by their very nature can have no application. (Ord. 312 § 44, 1966)
10.04.520 Rental agencies.
Every rental agency shall not rent or offer any bicycle for rent unless the bicycle is equipped with all equipment required by the Motor Vehicle Laws of Oregon and this chapter. (Ord. 312 § 45, 1966)
10.04.530 Brakes.
Every bicycle operated upon the streets or other public place shall be equipped with brakes adequate to control the movement of and to stop and to hold the bicycle. (Ord. 312 § 46, 1966)
10.04.540 Riding on bicycles.
A. Every person propelling a bicycle shall not ride other than with his or her feet on the pedals and facing the front of the bicycle.
B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (Ord. 312 § 47, 1966)
10.04.550 Riding on streets and bicycle paths.
A. Every person operating a bicycle upon a street or other public place shall ride as near to the right hand side of the street as practicable, exercising due care when passing a pedestrian or a standing vehicle or one proceeding in the same direction.
B. Persons riding bicycles upon a street or other public place shall not ride more than two abreast. (Ord. 312 § 48, 1966)
10.04.560 Speed.
No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Ord. 312 § 49, 1966)
10.04.570 Racing.
No person shall engage in, or cause others to be engaged in, bicycle racing upon a street or other public place. (Ord. 312 § 50, 1966)
10.04.580 Carrying articles.
No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least on hand upon the handle bars and in full control of such bicycle. (Ord. 312 § 51, 1966)
10.04.590 Riding on sidewalks.
No person shall ride or operate a bicycle upon a sidewalk in a business district. Any person riding a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrians. (Ord. 312 § 52, 1966)
10.04.600 Parking.
No person shall park a bicycle or motorcycle upon a street or upon a sidewalk except in a rack to support it or against a building or at the curb in such manner as to afford the least obstruction to pedestrian traffic. (Ord. 312 § 53, 1966)
Chapter 10.08
PARKING
Sections:
10.08.010 Parking time limit.
10.08.010 Parking time limit.
A. Parking Over Forty-eight (48) Hours Prohibited. It is unlawful for any person owning, or in legal control of, a motor vehicle or other vehicle such as a travel trailer or utility trailer, to leave such vehicle parked on the improved portion of a city street of the city of Enterprise without moving or operating said vehicle for a time in excess of forty-eight (48) hours.
B. Penalties. Violation of this section shall constitute an infraction and upon conviction thereof, the person violating the same shall be fined as follows:
Prior Offenses
Fine
First offense within preceding
twelve (12) month period
$15.00
Second offense within preceding
twelve (12) month period
$25.00
Third or subsequent offense within
preceding twelve (12) month
period
$40.00
(Ord. 447 §§ 1 and 2, 1991)
Chapter 10.12
TOWING
Sections:
10.12.010 Towing contractor.
10.12.020 Towing of unlawfully parked vehicles.
10.12.030 Notice required after towing.
10.12.040 Notice of intent to tow.
10.12.050 Towing and impoundment charges.
10.12.060 Towing of abandoned vehicles.
10.12.070 Alternate disposition procedure.
10.12.080 Hearings.
10.12.010 Towing contractor.
A. Towing Contract. The city council may periodically enter into a contract with a towing firm establishing towing services, including storage at the contractor's premises and agreed charges therefor, including charges for storage of impounded vehicles. Said contract shall be awarded only after bids therefor are advertised and solicited in accordance with city bidding procedures. The city may establish minimum standards for equipment, services and impoundment facilities; any such standards shall be described in the advertisement for bids. The contractor so selected shall be the city "towing contractor."
B. Exclusive Towing Contract. All vehicles ordered towed by an officer of the Enterprise police department shall be towed by the city towing contractor and no charges shall be assessed by said firm other than those set forth in the contract with the city. (Ord. 453 §§ 1 and 2, 1991)
10.12.020 Towing of unlawfully parked vehicles.
A. Immediate Towing.
1. Any police officer of the city of Enterprise may order a motor vehicle towed and impounded by the city's towing contractor, without prior written notice, in the following cases:
a. Where a vehicle is parked upon a public street in such a manner as to obstruct traffic or endanger vehicular or pedestrian traffic;
b. Where a vehicle is parked unlawfully and the unlawful parking is due to blocking an alley, blocking a driveway, parking in a disabled zone, parking in a fire zone or parking in a zone reserved for funeral vehicles;
c. Where a vehicle is parked in violation of a two- or three-hour parking limit and two convictions or bail forfeitures have occurred for the same violation by the same owner, bailee or other responsible person, or with respect to the same vehicle, within the previous twelve (12) months;
d. Where a vehicle is parked in violation of temporary no parking signs posted by the superintendent of public works in order to clear streets for street cleaning, construction or repair, provided said signs are posted at least twelve (12) hours preceding the towing and provided further that towing is necessary to allow said work to proceed in an orderly manner; and
e. Where it is necessary to immediately move a vehicle in order to secure the public safety or avoid risk of damage to said vehicle.
2. After impoundment, notice thereof shall be given in accordance with Section 10.12.030.
B. Towing Authorized after Prior Notice. 1. Any police officer of the city of Enterprise may order a motor vehicle towed and impounded by the city's towing contractor, after giving prior notice of intent to tow in accordance with Section 10.12.040, in the following cases:
a. Where a vehicle is unlawfully parked in a public street or other publicly owned place within the city on an area where parking is not allowed or authorized;
b. Where a vehicle is parked in an area where the parking is authorized but has been parked in excess of the time allowed by law, or during hours when parking is prohibited, issuance of a notice of intent to tow under Section 10.12.040 is permitted after a minimum of six hours of overtime parking has occurred or after the expiration of six hours following commencement of the violation.
2. In the event vehicles impounded under the authority of this subsection and oral, rather than written, notice of intent to tow is given, then after said vehicle is impounded a notice thereof shall be given in accordance with the requirements of Section 10.12.030.
C. Informal Notification. Although prior notice is not required before impounding a vehicle under the authority of subsection A of this section, if the location of an owner of a vehicle is known to the city, and if oral advance notice of the towing can be conveniently given, an officer should endeavor to provide such notice unless the circumstances do not permit the delay such notification would require. (Ord. 453 § 3, 1991)
10.12.030 Notice required after towing.
A. When Required. A written notice to the registered owner, in accordance with this section, shall be given after the vehicle is towed in all cases except those where a written notice of intent to tow, in accordance with Section 10.12.040, was given prior to the towing.
B. Contents. The notice required by this section shall contain the following:
1. The name of the police officer issuing the notice and how the officer may be contacted;
2. The description of the vehicle and the reason it was impounded and where it is now located;
3. What office to contact and how to secure release of the vehicle upon posting bail, paying all outstanding fines for parking offenses to municipal court and storage fees to the city towing contractor;
4. That the owner has thirty (30) days to redeem and that the vehicle may be sold or junked if it is not redeemed within that time period;
5. That the owner has a right to a hearing before the Enterprise municipal court as to the lawfulness of the impound and the reasonableness of the towing and impound charges and that said hearing may be scheduled within two business days of the request, in the event an early hearing is requested and if the vehicle remains impounded.
C. To Whom Given. Notice shall be given to the registered owner of the motor vehicle, together with any lessee or bailee known to the city to be in possession of the vehicle at the time of impound. Said notice shall be either delivered in person or mailed certified mail, return receipt requested, and shall be addressed to the registered owner at the address last provided the Motor Vehicles Division, unless a more current address is known to the city.
D. Time for Notice. The notice shall be mailed or delivered in person within the later of forty-eight (48) hours following the impound or by the end of one business day (i.e., exclusive of weekends or holidays) following impound. (Ord. 453 § 4, 1991)
10.12.040 Notice of intent to tow.
A. When Required. Prior to towing a vehicle under the authority of Section 10.12.020(B), a notice of intent to tow shall be given the registered owner or bailee or lessee known by the city to be in possession of the vehicle. A notice of intent to tow may be given prior to towing under Section 10.12.020(A), but such notice is not mandatory.
B. Method of Notice. Notice of intent to tow may be given orally in accordance with subsection C of this section or in writing in accordance with subsection D of this section.
C. Oral Notice. If the registered owner or lessee or bailee in possession of the vehicle can be located, an oral in-person notice of intent to tow may be given. The officer shall state that the vehicle is unlawfully parked, and that it will be towed if not moved within six hours. No further disclosure is required.
D. Written Notice. Written notice of intent to tow shall contain the following:
1. The name of the police officer issuing the notice and how the officer may be contacted;
2. The description of the vehicle, the parking violation for which the vehicle will be towed and where it is now located;
3. That the vehicle will be towed if it is not moved within seven days of the date of mailing or delivery of the notice;
4. That in the event the vehicle is subsequently towed, what office to contact and how to secure release of the vehicle upon posting bail, paying all outstanding fines for parking offenses to municipal court and storage fees to the city towing contractor;
5. That in the event of towing, the owner has thirty (30) days to redeem and that the vehicle may be sold or junked if it is not redeemed within that time period;
6. That the owner has a right to a hearing before the Enterprise municipal court as to the lawfulness of the impound and the reasonableness of the towing and impound charges and that said hearing may be scheduled within two business days of the request, in the event an early hearing is requested.
E. How Given. When notice of intent to tow is given in writing, it shall be either mailed, by certified mail, return receipt requested, or delivered to the registered owner and, if known to the city, any bailee or lessee then in possession of the vehicle. If mailed, the notice shall be addressed to the registered owner at the address last provided the Motor Vehicles Division, unless a more current address is known to the city. (Ord. 453 § 5, 1991)
10.12.050 Towing and impoundment charges.
Where a vehicle is towed and/or impounded pursuant to this chapter, all fines and bail for past traffic violations and offenses, the bail for the offense for which the vehicle was towed and the towing and storage charges owing shall be paid to the city and towing contractor prior to release of said vehicle to the owner or other authorized person. The towing contractor shall have a lien to secure the payment of the towing and storage charges and may sell any unclaimed vehicle to satisfy and pay said charges pursuant to the procedures and authority provided by ORS 98.805 through ORS 98.818. Notice to the registered owner of an unclaimed vehicle shall be given within ten (10) days of impoundment and as required by ORS 98.812. (Ord. 453 § 6, 1991)
10.12.060 Towing of abandoned vehicles.
A. Intent. It is the intent of this section to supersede and modify certain provisions of ORS 819.100 through ORS 819.260 in order to provide a less complex procedure for impounding and disposing of abandoned vehicles upon city streets.
B. Applicability of State Statutes. Except as is specifically provided herein to the contrary, it is intended that the provisions of ORS 819.100 to 819.260 shall remain in full force and effect as respects the impoundment and disposition of abandoned vehicles.
C. Impoundment of Abandoned Vehicles. Vehicles may be impounded under the circumstances and as authorized by ORS 819.120 and after the notice specified in ORS 819.170. Notwithstanding the provisions of said statutes the advice of hearing shall be in accordance with Section 10.12.080 of this chapter.
D. Sale or Disposition of Vehicle. If an abandoned vehicle is not reclaimed within thirty (30) days of the date it is taken into custody, it may be sold as provided in ORS 819.210 through ORS 819.260 or the same may be disposed of by the alternate disposal procedure specified in Section 10.12.070. (Ord. 453 §§ 7--9 and 11, 1991)
10.12.070 Alternate disposition procedure.
A. When Available. In the event a vehicle impounded under Section 10.12.060 and unclaimed thirty (30) days thereafter is: (1) appraised by a certified wrecker or licensed automobile dealer at a value of less than seven hundred fifty dollars ($750.00); and (2) said wrecker or dealer is of the opinion that the vehicle's useful life is at an end and that its highest and best value is for scrap metal or for sale to an auto wrecker (as defined in ORS 822.100), then said vehicle may be disposed of under this section.
B. Sale to Wrecker. Sale under this section shall be solely to an automobile wrecker, as defined in ORS 822.100, or to a dealer in scrap metal. Such sale shall be made upon commercially reasonable terms and shall require that no legal procedures other than the prior legal notice specified in subsection C of this section.
C. Notice of Sale. Prior to sale the city shall notify the owner and security interest holder, if any, as revealed by the records of the Motor Vehicles Division, together with any other party known by the city to have an interest in said vehicle, of the present location of said vehicle, that the vehicle has been impounded as an abandoned vehicle, the amount required to be paid to reclaim the vehicle, the rights to a hearing concerning said charges, the required procedures to obtain a hearing and that the vehicle will be sold to a wrecker if not reclaimed within fifteen (15) days of the date of mailing of the notice. Said notice shall be mailed by certified mail, return receipt requested, to the owner or owners and security interest holder, if any, at the addresses revealed by the records of the Motor Vehicles Division; mailing may be to a different address if known to the city.
D. Sale of Vehicle. If said vehicle is not reclaimed within fifteen (15) days of the date mailing of said notice, the city may sell said vehicle to an automobile wrecker or scrap metal dealer. No competitive bid or quote procedure shall be required. The proceeds of sale shall first be applied to the costs or reasonable fees for towing, storage and sale of the vehicle. The first two hundred fifty dollars ($250.00) of proceeds of sale in excess of such costs and fees shall be forfeited to the city as reimbursement for city officers' time and expense in impounding and causing said vehicle to be sold. Any additional proceeds shall be held and distributed in accordance with ORS 819.260. No formal return of sale or notice thereof shall be required. The city shall deliver a certificate of sale to the purchaser as provided in ORS 819.240. (Ord. 453 § 10, 1991)
10.12.080 Hearings.
The municipal court of the city of Enterprise is vested with authority to hear and determine all questions regarding the lawfulness of a proposed or completed tow and the reasonableness of any charges assessed for such towing or storage. After a notice of intent to tow issues or a notice of intent to impound an abandoned vehicle under Section 10.12.060, and upon request of any interested party, the court may determine in advance the lawfulness of the impound proposed. Hearing in all cases shall be summary and upon such notice as the court deems reasonable. In all cases except those where the vehicle has been towed and redeemed prior to hearing, the court shall, upon request of any party for an early hearing, hold a hearing within two business days of receipt of the request. The city recorder or assistant recorder may hold such hearing in the event the municipal court judge is not available to hear the matter within said forty-eight (48) hour period. (Ord. 453 § 12, 1991)
Chapter 10.16
BICYCLES, SKATEBOARDS AND ROLLER SKATES
Sections:
10.16.010 Operation prohibited on certain sidewalks.
10.16.020 Regulations relating to operation of bicycles.
10.16.030 Required equipment.
10.16.040 Regulations regarding riding of skateboards, roller skates and roller blades.
10.16.050 Violation--Penalty.
10.16.010 Operation prohibited on certain sidewalks.
No person shall operate a bicycle or ride skateboards, roller skates or roller blades on the sidewalks on the following streets within the city of Enterprise:
A. On Main Street, between Depot Street and East 1st Street;
B. On River Street, between North Street and Greenwood Street;
C. On West 1st Street, between North Street and Greenwood Street;
D. On West 2nd Street, between North Street and Greenwood Street; and
E. On East 1st Street, between North Street and Greenwood Street. (Ord. 450 § 1, 1992)
10.16.020 Regulations relating to operation of bicycles.
The city of Enterprise adopts the rules and regulations respecting operation of bicycles contained in the Motor Vehicle Code of the state of Oregon, ORS Chapters 801 through 822, to include, without limiting the foregoing, ORS 814.400 to 814.480. Copies of the latter statutes are attached to the ordinance codified in this chapter. (Ord. 450 § 2, 1992)
10.16.030 Required equipment.
The city of Enterprise adopts the provisions of the Motor Vehicle Code of the state of Oregon, ORS Chapters 801 through 822, respecting required equipment for bicycles, including, without limiting the foregoing, ORS 815.280, a copy of which is attached to the ordinance codified in this chapter. (Ord. 450 § 3, 1992)
10.16.040 Regulations regarding riding of skateboards, roller skates and roller blades.
A. The rules and regulations for the operation of bicycles on sidewalks, contained in ORS 814.410, shall apply to the operation of skateboards, roller skates or roller blades on sidewalks within the city of Enterprise, with the following modifications:
1. It is unlawful to cross a public street (but not an alley) on a skateboard; said prohibited area of operation includes crosswalks on public streets. Riders shall dismount a skateboard and carry the same across the street and shall comply with the laws pertaining to pedestrian crossings of public streets.
2. Persons crossing a public street riding roller skates or roller blades shall cross at crosswalks and shall come to a complete stop before entering the street and shall otherwise follow rules relating to pedestrian crossings of public streets.
B. It is unlawful to operate a skateboard, roller skates or roller blades upon a public street within the city of Enterprise except, with respect to roller skates and roller blades, as is authorized in subsection (A)(2) of this section. (Ord. 450 § 4, 1992)
10.16.050 Violation--Penalty.
Adoption of the state of Oregon statutes herein does not include the adoption of any of the penalties contained in the Motor Vehicle Code. Violation of this chapter shall be punishable by a fine not to exceed fifty dollars ($50.00) and not less than ten dollars ($10.00), provided however, that two hours of community service may be ordered in place of said minimum fine. (Ord. 450 § 5, 1992)