Loading...
Ord. 2615 - Limiting Parking along 1679 N Front StreetCOUNCIL BILL NO. 3223 ORDINANCE NO. 2615 AN ORDINANCE LIMITING ON -STREET PUBLIC PARKING ALONG THE FRONTAGE OF 1679 N FRONT STREET (SAINT LUKE'S CEMETERY) TO FACILITATE VISITATIONS TO THE CEMETERY, APPROVING STRIPING AT ALL THREE CEMETERY DRIVEWAYS TO PREVENT INTERFERENCE WITH ACCESSING THE CEMETERY AND PROVIDING FOR CIVIL ENFORCEMENT. WHEREAS, the regulation of parking on streets and public places is a function of municipal police power to protect the general public; and WHEREAS, parking functions upon the public streets and public places are a privilege subject to City regulations; and WHEREAS, time and use -specific restrictions and regulations for parking along certain frontages of North Front Street is deemed beneficial for the purpose of securing adequate parking opportunities for use of the St. Luke's Cemetery; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The City Council finds that restricting the on -street parking allowances and hours for public parking spaces in front of 1679 N Front Street, Woodburn, Oregon, will facilitate visitations to the St. Luke's Cemetery and provide safe, effective, and efficient accommodations for the public's benefit. Section 2. Definitions. In addition to those definitions contained in the "Oregon Vehicle Code," the following definitions apply: (A) "Administrator" shall mean the City Administrator or theirdesignee. (B) "Public Parking Space" shall mean every public way, road, street, thoroughfare, and place open, used or intended for use by the public for parking motor vehicles. (C) "1679 N Front Street " shall mean the area composed of the Public Parking Spaces located along the frontage of the Saint Luke's Cemetery, 1679 N Front Street, Woodburn, Oregon, as referenced in Attachment "A". (D) "Enforcement Officer" shall mean the Police Chief or their designee. Page - 1 - Council Bill No. 3223 Ordinance No. 2615 Section 3. General Provisions. (A) In addition to the applicable sections of the "Oregon Vehicle Code" prohibiting parking, no person shall park or stand a motor vehicle in a Public Parking Space within the area of 1679 N Front Street between the hours of 9:00 a.m. - 3:00 p.m., Tuesday to Friday, unless the person is visiting Saint Luke's Cemetery, as posted by lawfully erected parking limitation signs for the clearance of motor vehicles on account of facilitating visitations to the Cemetery. (B) Physical striping and other on -street signage that designates prohibited parking for all-hours/all-days at all three driveway ingresses/egresses within the area of 1679 N Front Street may also be installed to prevent interference by the public with accessing Saint Luke's Cemetery. No person shall park or stand a motor vehicle within the designated driveway areas of 1679 N Front Street. Section 4. Administration. (A) The Administrator shall be responsible for the installation and maintenance of applicable parking signs. (B) Enforcement of the provisions of this ordinance shall be the duty of the Enforcement Officer. Section 5. Citations and Owner Responsibilitv. (A) Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this ordinance or state law, the Enforcement 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 instructing the operator to answer to the charge and at the time and place specified in the citation. (B) 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. In a 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 presumption that the defendant was then the owner in fact. Section 6. Towinq and Storage. Page - 2 - Council Bill No. 3223 Ordinance No. 2615 (A) Any motor vehicle violating the provisions of this ordinance shall constitute a hazard to public safety and the Enforcement Officer shall cause the motor vehicle to be towed and stored at the registered owner's expense if left unattended. The registered owner shall be liable for the costs of towing and storing, even if the vehicle was parked by another person. (B) Towing and storage of any motor vehicle pursuant to this ordinance does not preclude the issuance of a citation for a violation of any provision of this ordinance. Section 7. Disposal of Motor Vehicle. After a motor vehicle is towed under the authority of this ordinance it shall be disposed of in the manner provided by ORS 819.180 to ORS 819.260. Section 8. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 5 civil infraction and shall be dealt with according to the procedures established by City Ordinance 1998. Section 9. Severability. If any section, clause, or phrase of this ordinance or its application to any statute, is determined by any court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity of the remainder of this ordinance or its application. Approved as to form: D(oiZ6/ZOZ3 City At6ney Date Approved: Frank Lonerg , Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the O,ffi,ce of the Recorder ATTEST: tlsit Heather Pierson, City Recorder City of Woodburn, Oregon Page - 3 - Council Bill No. 3223 Ordinance No. 2615 11� 2ik - 'ZLI) _21 �a lr,,k _ -Z u0 , '?�3Z3 N-J� -21 r� o 70 L