Ord. 2632 - Regulating Enforcement of Vehicle Parking COUNCIL BILL NO. 3260
ORDINANCE NO. 2632
AN ORDINANCE REGULATING THE ENFORCEMENT OF VEHICLE PARKING WITHIN THE
CITY OF WOODBURN; REPEALING ORDINANCES 1856, 1988, 2262, 2615, AND 2285
IN-PART; PROVIDING FOR VEHICLE TOWING AND IMPOUNDMENT PROCEDURES;
AND CIVIL ENFORCEMENT
WHEREAS, subject to State law, the City Council constitutes the City road
authority under ORS 810.010 and is empowered with all municipal traffic
authority for the City; and
WHEREAS, in 2001, the Woodburn City Council adopted Ordinance 2285
(the "City of Woodburn Traffic Ordinance") establishing and providing for the
regulation of motor vehicles, bicycles, and pedestrian traffic within the City of
Woodburn; and
WHEREAS, the City has since also adopted a number of stand-alone
parking regulatory ordinances to ensure the safe and efficient use of City streets;
and
WHEREAS, the City Council through its review of the various City traffic and
parking ordinances has determined that it is in the public interest to establish a
single comprehensive parking enforcement ordinance and repeal and/or
replace certain prior ordinance(s) as a means to provide greater clarity and
consistency for both City enforcement personnel and the public of Woodburn;
and
WHEREAS, the regulation of vehicle parking on streets and in public
parking spaces is a function of municipal police power to protect the general
public; and
WHEREAS, vehicle parking functions upon the public streets and in public
places are a privilege subject to City regulations; and
WHEREAS, the City Council finds that it is both reasonable and in the
public interest to regulate certain categories of conduct related to street
parking, like the storage of vehicles on city streets, the abandonment of junked
vehicles on City streets, and parking limitations related to special or temporary
events; and
Page 1 Council Bill No. 3260
Ordinance No. 2632
WHEREAS, the City Council, through this Ordinance also further defines
and stipulates certain authority for City officials for the administration and
enforcement of City vehicle parking rules; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Short Title. This Ordinance may be cited as the "City of
Woodburn Parking Enforcement Ordinance."
Section 2. Purpose. Consistent with the assertions and exercise of authority
of the City described under Ordinance No. 2225, the purpose of this Ordinance
is to provide for the regulation and enforcement of street parking rules, rules
regulating the storage of vehicles on City streets, and parking restrictions in City-
owned parking facilities. Enforcement taken under this Ordinance is intended to
result in a safe and effective street system and efficient use of the City's rights-of-
way.
The provisions of this Ordinance are in addition to the Oregon Vehicle Code
laws regulating parking.
Section 3. Definitions. In addition to those definitions in the Oregon
Vehicle Code, the following definitions apply:
(A) "1679 N Front Street" shall mean the area composed of the Public
Parking Spaces located along the frontage of Saint Luke's Cemetery, 1679 N
Front Street, Woodburn, Oregon.
(B) "Abandoned Vehicle" means any vehicle that has been deserted
or relinquished without claim of ownership. A vehicle shall also be considered
abandoned if it has remained in the same location for more than 24 hours and
one or more of the following conditions exist: (i) the vehicle does not have a
lawfully affixed, unexpired registration plate, or fails to display current registration
or trip permit; (ii) the vehicle appears to be inoperative or disabled; or (iii) the
vehicle appears to be wrecked, partially dismantled, or junked (per the
definition under Ordinance No. 2338, Section 1 .C).
(C) "Administrator" shall mean the Woodburn City Administrator or their
designee;
(D) "Alley" means a street primarily intended to provide access to the
rear or side of lots or buildings in urban areas and not intended for through
vehicle traffic.
Page 2 Council Bill No. 3260
Ordinance No. 2632
(E) "City" shall mean the City of Woodburn.
(F) "City Parking Facility" shall mean any off-street facility located on
real property that contains a garage or surface parking lot or portion thereof
owned, leased, managed, or operated by the City of Woodburn.
(G) "Council" shall mean the City Council of the City of Woodburn.
(H) "Downtown Parking District" shall mean an area composed of the
streets and rights-of-way boundaries within Woodburn's Downtown
Development and Conservation District that are signed as the "Downtown
Parking District" and as shown on the map attached as Exhibit A.
(1) "Emergency" shall mean a situation where an unforeseen
combination of circumstances call for immediate action in order to avoid
damage to a vehicle or where a vehicle is rendered inoperable, but does not
include a situation where the vehicle is left standing in excess of 24 hours.
(J) "Enforcement Officer" shall mean City Police Officer, City Code
Enforcement or Community Service Officer ("CSO"), or any other person
expressly authorized by the Administrator to issue parking citations or order
vehicles towed under this ordinance.
(K) "Hazardous Vehicle" shall mean a vehicle left in a location or
condition such as to constitute an immediate and continuous hazard to
persons using the streets within the City. For example, and not by limitation, the
following are hazardous vehicles: (i) vehicles blocking, obstructing, or impeding
the use of public or private rights-of-way; (ii) vehicles with leaks in gas tanks; (iii)
vehicles blocking fire hydrants or parked or left standing in a fire lane.
(L) "Holiday" shall mean New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any
other day proclaimed by the Council to be a holiday.
(M) "Loading Zone" shall mean a space on the edge of a Street or Alley
designated by sign for the purpose of loading or unloading passengers or
materials during specified hours and/or specified days.
(N) "Owner" shall mean a person with a claim, either individually or
jointly, or ownership of any interests, legal, or equitable in a vehicle.
Page 3 Council Bill No. 3260
Ordinance No. 2632
(0) "Park" or "Parking" shall mean the standing of a vehicle, whether
occupied or unoccupied, otherwise than temporarily for the purpose of and
while actually engaged in loading or unloading of property or passengers.
(P) "Parking Control Device" shall mean any official sign, standard,
painted curb, marking, or any device, inscription, or designation giving notice
of, delineating, controlling, or restricting parking or use of parking spaces, lots,
or facilities.
(Q) "Public Parking Space" shall mean space along every street, alley,
right-of-way, thoroughfare, and place open, used or intended for use by the
general public for parking vehicles.
(R) "Street" shall mean any place or way set aside or open to the
general public for purposes of vehicular traffic as a matter of right, including
highways, roads or streets as defined in ORS 801 .305.
(S) "Trailer" shall mean every vehicle without motive power designed to
be drawn by another vehicle, including the types of trailers as defined in ORS
801 .560.
(T) "Truck" shall mean a "motor truck" vehicle as defined by ORS
801 .355 that is designed and used primarily for drawing other vehicles, such as
truck trailers, or for carrying loads other than passengers and subject to state
licensing for ten thousand (10,000) pounds or more gross weight.
(U) "Vehicle" shall mean every device in, upon, or by which any
person or property is, or may be, transported or drawn upon any street or
highway, and includes vehicles that are propelled or powered by any means,
including, but not limited to tractors, motorcycles, campers, recreational
vehicles, motor homes, pickup trucks, and pickup truck canopies, except
devices: (i) designed to be moved exclusively by human power; or (ii)
designed to be used exclusively upon stationary rails or tracks.
Section 4. Administration.
(A) Application of Regulations. The regulations of this ordinance apply
to all City of Woodburn owned, leased, managed, or operated property, public
rights-of-way, streets and highways, other designated public areas in the City,
and to certain private property as specifically noted in this Ordinance.
Page 4 Council Bill No. 3260
Ordinance No. 2632
(B) Duties of the City Administrator. The Administrator shall be
responsible for the installation and maintenance of official parking signs, parking
control devices, and/or markers, including temporary installations which are
determined to be necessary for public safety. Installation of such signs, devices,
or markers shall be based on the standards contained in the Oregon Manual on
Uniform Traffic Control Devices for Streets and Highways ("MUTCD") and the
Oregon Supplement to the MUTCD.
Any action of the Administrator under this Section may be reviewed by the
Council on its own motion; the Council may then affirm, reverse, or modify such
action based upon the standards contained in the MUTCD, standards and rules
promulgated by the Oregon Transportation Commission, or other recognized
traffic control standards. The Council may also, through good cause shown, and
by Resolution, have official parking signs, control devices, or markers installed,
removed, or changed.
(C) Authority to Enforce Ordinance. Police officers as defined by ORS
801 .395, City Community Service or Code Enforcement Officers ("CSOs"), and all
other City employees and parking patrol volunteers designated by the
Administrator shall have the authority to enforce the provisions of this Ordinance
to all City owned or operated property, parking facilities, streets and highways
as defined by ORS 801 .305, and all private streets within the City as specifically
noted by this Ordinance.
The Administrator may authorize a volunteer or volunteer patrols to issue parking
citations on behalf of the city as a part of an organized program administered
through the City's Police Department. Such a person shall have full authority to
assist in the enforcement of the city's ordinances and regulations relating to
parking, including but not limited to the issuance of parking citations.
(D) Right of Entry. When necessary to investigate a suspected violation
of this Ordinance, an Enforcement Officer may enter on any site open to the
public for the purpose of investigation, provided entry is done in accordance
with law. Absent a search warrant, no site that is closed to the public shall be
entered without the consent of the owner or occupant. If entry is refused, the
Enforcement Officer shall have recourse to the remedies provided by law to
secure entry.
(E) Presumption that Parking Sign or Parking Control Device was
Lawfully Authorized and Installed. A parking sign or parking control device is
presumed to be lawfully authorized and installed unless the contrary is
established by competent evidence.
Page 5 Council Bill No. 3260
Ordinance No. 2632
No unauthorized person shall install, move, remove, alter the position of, or
deface or tamper with a city-installed parking sign or parking control device.
Parking Regulations
Section 5. Method of Parking.
(A) Where parking space markings are placed on a street or city
parking facility, no person shall stand or park a vehicle other than in the
indicated direction, and unless the size or shape of the vehicle makes
compliance impossible, within a single marked space.
(B) The operator who first begins maneuvering a vehicle into a vacant
parking space shall have priority to park in the space, and no other vehicle
operator shall attempt to interfere.
(C) Whenever the operator of a vehicle discovers the vehicle is parked
close to a building to which the fire department has been summoned, the
operator shall immediately remove the vehicle from the area, unless otherwise
directed by the police or fire officers.
Section 6. Use of Loading Zones. No person shall park a vehicle for any
purpose other than loading or unloading persons or material in a place
designated as a Loading Zone (including all Alleys) when the hours applicable
to that Loading Zone are in effect. When the hours applicable to the loading
zone are in effect, the stop for loading and unloading shall not exceed the time
limits posted. If no time limits are posted, use of the zone shall not exceed 30
minutes.
Section 7. Standinq or Parking of Buses. The operator of a bus shall not
stand or park the vehicle upon a Street at a place other than a bus stop, except
that this provision shall not prevent the operator from temporarily stopping the
bus outside a traffic lane while loading or unloading passengers.
Section 8. Restricted Use of Bus Stops. No person shall stand or park a
vehicle other than a bus in a bus stop, except that the operator of a passenger
vehicle may temporarily stop for the purpose of, and while actually engaged in,
loading or unloading passengers when stopping does not interfere with a bus
waiting to enter or about to enter the restricted zone.
Page 6 Council Bill No. 3260
Ordinance No. 2632
Section 9. Prohibited Parking or Standing. No person shall stop, park, or
leave standing a vehicle upon any street, in any public parking space, or in any
City parking facility, attended or unattended, as follows:
(1) In places where stopping standing and parking are prohibited
pursuant to ORS 811 .550, including blocking driveways, sidewalks,
crosswalks, and bike lanes.
(2) In a location where the vehicle is impeding or likely to impede the
normal flow of vehicular, bicycle, or pedestrian traffic; where it is a
hazard or is likely to be a hazard to vehicular, bicycle, or
pedestrian traffic; or where it is obstructing the required width of a
fire apparatus access road, including on private streets and alleys.
(3) In a location that has been marked with a red curb or as a fire
apparatus access road or fire lane per Section 2 of the Oregon Fire
Code, whether on a public or private street or alley.
(4) Where the vehicle is located upon a sidewalk, planter or decorative
median strip, or street planting strip within the street or public right-
of-way.
(5) When the vehicle has no license plate displayed or the vehicle has
a license plate or temporary licensing permit, but it is expired by
more than one month.
(6) In a location in front of and within five (5)-feet of either side of a
mailbox during the hours of 8:00 a.m. to 8:00 p.m., except federal
holidays.
(7) Where the vehicle is improperly positioned in a parallel parking
space, including facing the wrong direction or double-parked, per
ORS 811 .570.
(8) Where the vehicle is parked in such a manner that it damages or
causes to be damaged any public improvements within the City.
(9) Where the vehicle is parked for the principal purpose of (i)
displaying the vehicle for sale; (ii) repairing or servicing the vehicle,
except repairs necessitated by an emergency; or (iii) advertising,
selling, or offering merchandise for sale.
Page 7 Council Bill No. 3260
Ordinance No. 2632
Section 10. Prohibited Parking where Sign or Parking Control Device
Controls. No person shall stop, park, or leave standing a vehicle on any City
street, in any public parking space, or in any City parking facility for any period
of time exceeding the posted time limit or in violation of any other parking
regulation or limitation posted by a lawfully erected parking control device.
Section 11. Prohibited Parking During Downtown Street Cleaning. No
person shall park or stand a vehicle upon any City street within the signed
Downtown Parking District between the hours of 3:00 a.m. - 6:00 a.m. upon the
day(s) of the week so posted by a lawfully erected parking control device for
the clearance of vehicles on account of public street cleaning and
maintenance operations.
The prohibition contained in this subsection shall not apply upon the legal
Holidays observed by the City of Woodburn.
Section 12. Parking Limitation Along Street Frontage of St. Luke's
Cemetery. No person shall park or stand a vehicle on the street or in a public
parking space along the west boundary of 1679 N Front Street between the
hours of 9:00 a.m. - 3:00 p.m., Tuesday through Friday, unless the person is visiting
Saint Luke's Cemetery, as posted by lawfully erected parking control devices, on
account of facilitating visitations to the Cemetery.
No person shall park or stand a vehicle within the designated driveway areas of
1679 N Front Street. 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.
Section 13. Parking Limitations for Temporary Events Involving Street
Closures. Together with events and activities that involve temporary street
closures (e.g. parades, markets, etc.), the Administrator may provide for
temporary parking limitations, prohibitions, or other restrictions to be enforced
through the installation of temporary signage and parking control devices. All
temporary parking limitations that include a complete prohibition of on-street
parking shall be posted at least seventy-two (72) hours prior to taking effect and
prior to any enforcement action being taken under this ordinance. Vehicles left
standing or parked after the restriction or limitation goes into effect may be
subject to citation or tow/impound pursuant to the hazardous vehicle
procedure.
Page 8 Council Bill No. 3260
Ordinance No. 2632
Section 14. Trailer Parking Restriction. No trailer shall be parked upon any
City street unless it is attached to a vehicle by which it may be propelled or
drawn, save and except such streets within Industrial areas of the City that the
Administrator reasonably determines that parking of unattached trailers would
not constitute a safety hazard.
Section 15. Unlawful Parking in Space Reserved for Persons with
Disabilities. No person shall stop, park, or leave standing a vehicle on any City
street, in any public parking space, or in any City parking facility in a manner
that violates the State disabled/handicapped parking laws, including ORS
811 .615 (unlawful parking in space reserved for persons with disabilities), ORS
811 .617 (blocking parking space reserved for persons with disabilities), ORS
811 .625 (unlawful use of disabled person parking permit), and ORS 811 .630
(misuse of program placard).
Pursuant to ORS 81 1 .632, the Woodburn Police Department may establish a
volunteer-based disabled/handicapped parking patrol program to assist with
enforcement of this Section of the Ordinance.
Section 16. Extension of Parking Time. Where maximum parking time limits
are designated by sign or parking control device, movement of a vehicle
within a block shall not extend the time limits for parking.
Section 17. Exemptions. The provisions of this ordinance regulating the
parking or standing of vehicles shall not apply to a vehicle of the City, County, or
State, or public utility while necessarily in use for construction or repair work on a
street, nor a commercial vehicle temporarily stopped to engage in activity
associated with the collection of solid waste, recyclable materials, or yard
debris, or a vehicle operated by the United States while in use for the collection,
transportation, or delivery of mail.
Vehicle Storage Regulations
Section 18. Storage of Vehicles on Streets. No person shall store or permit
to be stored upon any street or in any public parking space, or in any City
parking facility, without permission of the City, a vehicle or personal property.
Failure to remove a vehicle or other personal property for a period of seventy-
two (72) hours shall constitute prima facie evidence of storage of a vehicle.
Section 19. Storage of Trucks, Truck Trailers Boats Campers and Other
Vehicles.
Page 9 Council Bill No. 3260
Ordinance No. 2632
(A) No person shall park a Truck or Truck Trailer upon any street, alley, or
public right-of-way in any residential area of the City adjacent to any residence,
apartment, hotel, care facility, church, school, hospital, multiple dwelling, park
or playground in any area of the City. The provisions of this section shall not be
deemed to prohibit the lawful parking of such equipment upon any street or
public right-of-way in the City for the actual loading or unloading of goods or to
make repairs necessitated by an emergency.
(B) No person shall store or permit to be stored on a street or other
public property, without permission of the City, a bus, motor home, recreational
vehicle, travel trailer, camper, boat and/or boat trailer whether attended or
unattended. A bus, motor home, recreational vehicle, travel trailer, camper,
boat and/or boat trailer may be parked on a street for a period of not more
than forty-eight (48) hours if it meets the criteria listed below:
(1 ) It is parked for the purpose of loading, unloading, or otherwise
being prepared for use;
(2) It is owned by the resident or guest of the resident of the property it
is parked adjacent to;
(3) It is not being used for human occupancy while parked on the
street; and
(4) It is parked in a manner that does not interfere with traffic or create
a hazard by obstructing the view of other drivers.
Section 20. Calculation of Storage Time.
(A) Failure to move a vehicle as regulated by Sections 18 or 19 of this
Ordinance after expiration of any of the time periods set forth constitutes prima
facie evidence of violation of that Section.
(B) For purposes of Section 18 of this Ordinance, "move" means
removing the motor vehicle or personal property from the block where it is
located before it is returned.
(C) For purposes of Section 19 of this Ordinance, "move" means
removing the bus, motor home, recreational vehicle, travel trailer, camper, boat
and/or boat trailer off the City's streets or other public property for at least
twenty-four (24) hours before it is returned.
Page 10 Council Bill No. 3260
Ordinance No. 2632
Enforcement
Section 21. Citations and Owner Responsibility.
(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 at the time and place specified in the citation.
(B) The registered 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 22. Civil Infraction Assessment.
(A) A violation of the prohibited parking standards under Sections 5-14
of this Ordinance shall constituted a civil infraction and be subject to a fine not
to exceed fifty 01100 dollars ($50).
(B) A violation of all other provisions of this ordinance constitutes a Class
4 Civil Infraction per Ordinance 1998.
(C) Civil infractions shall be dealt with according to the procedures
established by Ordinance 1998.
(D) Each day during which a violation of this Ordinance continues
shall constitute a separate offense for which a separate penalty may be
imposed. Additional citations shall not be issued for the same violation on the
same vehicle unless at least 24 hours have passed since the previous citation.
Section 23. Affirmative Defense of Emergency Repairs. Under this
Ordinance, it shall be an affirmative defense that the prohibited parking was
necessitated by an emergency and the defendant shall have the burden of
proving the existence of the emergency by a preponderance of the evidence.
Section 24. Towing, Impound, and Contested Hearing.
Page 11 Council Bill No. 3260
Ordinance No. 2632
(A) Purpose & Authority to Tow Vehicles and Establish Hearing
Procedures. This Section describes when a vehicle may or will be impounded
and/or towed for parking violation(s), the manner of towing, storage of the
vehicle, and the release and disposition of the vehicle. Any Enforcement Officer
may order a vehicle towed, impounded, or immobilized as provided in this
Section.
When this Ordinance or state law provides for impounding a vehicle, it may be
removed by or under the direction of a City Enforcement Officer and then taken
to a city facility for storing vehicles or to some reputable vehicle storage facility;
and kept there until it is redeemed or sold.
This Section shall not apply to vehicles impounded under the direction of a
police officer for criminal investigation purposes.
(B) Impoundment- Owner's Responsibility. The registered owner or
responsible person of a vehicle impounded or towed under this Section shall pay
all outstanding citation fines, costs and impound and storage fees, if any, prior
to release of the vehicle.
(C) Hazardous Vehicles (subject to tow without prior notice. When a
vehicle is stopped, parked, or placed in a manner or location that constitutes an
obstruction to traffic or otherwise meets the definition of a Hazardous Vehicle,
an Enforcement Officer shall order the owner or operator of the vehicle to
remove it immediately. If the vehicle is unattended, the Enforcement Officer
may cause it to be towed and stored at the owner's expense without any
further prior notice. The owner shall be liable for the costs of towing and storing,
even if the vehicle was parked by another or if the vehicle was initially parked in
a safe manner, but subsequently became an obstruction or hazard.
(D) Abandoned Vehicles. The City has authority to take custody and
exercise authority over Abandoned Vehicles located on a City street or alley
within the boundaries of the City or on any other property within the boundaries
of the City pursuant to ORS 819.140(1)(c). An Enforcement Officer may order an
Abandoned Vehicle located on a City street, in any public parking space, or in
any City parking facility to be towed and impounded by the City in accordance
with the same procedures provided for abandoned vehicles under state law
(ORS 819.100 - 200).
(E) Improperly Parked Vehicles. When any unattended vehicle is
stopped, parked, or left standing on any City street, in any public parking space,
Page 12 Council Bill No. 3260
Ordinance No. 2632
or in any City parking facility in such a manner that it is unlawfully parked in any
prohibited or restricted area, is unlawfully parked for a length of time prohibited
by this Ordinance (including storage time limits), or is parked in such a manner
as otherwise violating this Ordinance, such vehicle is declared by the Council to
be a public nuisance and it may be subject to abatement, removal and
impounding. An Enforcement Officer may order an improperly parked vehicle to
be towed and impounded by the City in accordance with the same
procedures provided for abandoned vehicles under state law (ORS 819.100-
200).
(F) Administrative Towing. If a registered owner or responsible person of
a vehicle which has $250 or more unpaid fines or five or more outstanding
citations under this Ordinance fails to pay the fines within 30 days of notice, the
vehicle shall be subject to impoundment. The City shall give a prior impound
notice in writing by placing a notice on the vehicle and mailing notice by
regular first-class mail to the registered owner of such vehicle. Any notice
required under this Section shall be sufficient if the person to be notified is
substantially apprised of the substance of the notice, notwithstanding any minor
deficiencies or irregularities of form. Actual receipt of the notice is not required,
as long as a good faith effort is made to deliver it.
For the purposes of this section "impoundment" includes towing the vehicle to a
location under the control of the City, or immobilizing the vehicle by booting or
other method. Any impoundment that includes towing the vehicle shall be
carried out by an Enforcement Officer in accordance with the same procedures
provided for abandoned vehicles under state law (ORS 819.100- 200).
(G) "Boot" Removal. No person other than an Enforcement Officer of
the City may remove or attempt to remove an immobilization or boot device
from a vehicle, which has been affixed pursuant to this Ordinance, or move or
attempt to move the vehicle, before it is released by the police department or
the municipal court in accordance with this Section. If the device has been
removed, or the vehicle has been moved, in violation of this Subsection, in
addition to the issuance of a citation for the violation, an Enforcement Officer
may order the towing of the vehicle.
(H)Notice For Towing Procedure.
(1) Except as specified for Hazardous Vehicles, if the City proposes to
take custody of a vehicle under this Ordinance, the City shall
provide prior notice and an explanation of procedures available for
obtaining a hearing, before any vehicle is towed. Notice shall be
Page 13 Council Bill No. 3260
Ordinance No. 2632
given by affixing a written notice to the vehicle with the required
information. The notice shall be affixed to the vehicle at least 24
hours before taking the vehicle into custody. The 24-hour period
under this subsection includes holidays, Saturdays and Sundays.
Notice shall include each of the elements provided under state law
(ORS 819.170(2)).
(2) For Hazardous Vehicles, notice will be provided to the registered
owner(s) and any other persons) who reasonably appear to have
an interest in the vehicle. Notice will be mailed to such persons
within 48 hours after the tow of the vehicle, Saturdays, Sundays, and
holidays excluded. Notice after taking the vehicle into custody shall
include each of the elements provided under state law (ORS
819.180(2)).
(3) Where a vehicle is found without identification markings, a vehicle
may be towed without notice pursuant to state law (ORS 819.185).
(1) Towing and Storage Charges, Release of Vehicle.
(1 ) Any private company which tows and stores any vehicle pursuant
to this Section shall have a lien on the vehicle in accordance with
ORS 87.152 for the just and reasonable charges for the tow and
storage services performed, and may retain possession of that
vehicle until such charges have been paid.
(2) A vehicle towed pursuant to this Section may only be released to
the registered owner or other person having a financial interest in
the vehicle as shown by the records of the Oregon Motor Vehicle
Division.
(3) A person entitled to such lawful possession of the vehicle may
secure the release of the vehicle upon paying outstanding fines to
the municipal court and upon paying tow and storage fees to the
person having custody of the vehicle.
(J) Hearing to Contest Validity of Towing.
(1) The owner or other person entitled to lawful possession of an
immobilized or towed vehicle shall have the right to a hearing to
determine the validity of such immobilization or towing.
Page 14 Council Bill No. 3260
Ordinance No. 2632
(2) The Woodburn Municipal Court shall serve as the venue for
contested impound/tow hearings and the City's Municipal Court
Judge shall serve as the hearings officer in such cases.
(3) In order to be timely, a requested hearing must be made in writing
and delivered to the City's Municipal Court not more than five (5)
days from the mailing date of any notice provided or the affixing
of the tow notice upon a subject vehicle. The written request shall
state the grounds upon which the person requesting the hearing
believes that the towing and custody, or the immobilization of the
vehicle is not justified. The five-day period in this subsection does
not include Saturdays, Sundays, or Holidays.
(4) If the Municipal Court receives a request for hearing before a
vehicle is taken into custody and towed, the City shall not tow the
subject vehicle unless the vehicle constitutes a hazard.
(5) When a timely request for a hearing is made, a hearing shall be set
for the next available date for Municipal Court, but may be
postponed at the request of the person who requested the
hearing.
(6) If the Municipal Court finds, by substantial evidence, that the
immobilization, tow and/or storage was for any reason unjustified,
it shall order that the vehicle, if still held, be immediately released,
that the owner or any other person who has a financial interest in
the vehicle are not liable for the immobilization fee, tow and
storage charges, and order the return of any money paid for
immobilization fee, tow and storage charges to the person who
paid such charges. In any case, where the municipal court orders
the vehicle to be released, the vehicle must be picked up by the
person entitled to possession within twenty-four hours to avoid
further storage charges. If the vehicle is not claimed within this time
period, then it will not be released until the additionally accruing
charges, if any, are paid by the person entitled to possession of the
vehicle.
If the Municipal Court finds, by substantial evidence, that the
immobilization, tow and/or storage was valid, the appropriate
authority shall order the vehicle to be held in custody until the
costs of the hearing and all towing and storage costs are paid by
the party claiming the vehicle. If the vehicle has not yet been
Page 15 Council Bill No. 3260
Ordinance No. 2632
towed, the appropriate authority shall order that the vehicle be
towed
(7) The determination of the Municipal Court is final and is not subject
to appeal.
(K) Disposal of Vehicle(s). After a vehicle is towed under the authority
of this Ordinance, and it is not reclaimed within 30 days after it is taken into
custody, it may be disposed of in the manner provided under state law (ORS
819.200 to ORS 819.280).
(L) Non-Exclusive Remedy. The towing and storage of any vehicle
pursuant to this Ordinance does not preclude the issuance of a citation for
violation of any provision of this ordinance.
Section 25. Conformance with Law. This ordinance shall not be a
substitute for or eliminate the necessity of conformance with any and all state
laws, rules, and regulations, and any other provision of City ordinances which
are now or may be in the future in effect and which relate to the activities
herein regulated.
Section 26. 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.
Section 27. Repeal.
(A) Ordinances Nos. 1856, 1988, 2262, and 2615 are hereby repealed in
full.
(B) Ordinance No. 2285 is repealed in-part as follows: (i) Sections 15 - 17
(ii) Sections 18 - 26; (iii) Sections 27-28; and (iv) Section 49 are hereby repealed.
(C) Notwithstanding Subsection (A) and (B) of this Section, the above-
cited ordinances shall remain valid and in force for the purpose of authorizing
prosecution, conviction, and punishment of a person who violated such
ordinance(s) prior to the effective date of this Ordinance.
(D) After this Ordinance is adopted, the City Recorder shall update and
correct the cited ordinances to incorporate all revisions contained herein.
Page 16 Council Bill No. 3260
Ordinance No. 2632
Approved as to form: 2011--71,90Z q
City 'A't Vr'n e'y Date
Approved:
Frank Lonergan, M/-/,iyor
Passed by the Council 0 SA- I
U
Submitted to the Mayor / -31,
Approved by the Mayor
Filed in the Office of the Recorder aD.;tq
4-j
ATTEST: L� '�m �)
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 17 Council Bill No. 3260
- Ordinance No. 2632
' v
,\ O O O O
p °
a O
O 0 o p °
MILT. gT• O
O O ° 0
•
O O O p
O
�j O O y 0
O O O
p o p ti o
At 0
O�. O I O C
O ° O p O Q I l O O G�
HARRISONBEET l O �,SN
• • I III O o��0 ° ° °
O oO o 00 G' • Q Q I iII o 0 00 °
0
LINCOLN STREET HI ICL l ( I O O
V 0
loo o ° ° 2 1G� Q • I o ° ° o
°
0 OY O�� ! ° 0 ° °
i0o
0 O 4s Q 6 p ! (j v ° p 0 g�P��0 O
GRANT STREET • I II OSWALD 0
O
N Y Q0 0At1OP Q°
° OO
�N ��PP GtiAOy`Q'•yP. H ��Q u lti
Q P ••
IIiIIjIi
I i \lIII iil!l' 'ji)i
o QQo
QAr
p
H
AY ►y�°
m-
O
°
P H—T---Lo
O
O Leo O
STREET ►4AyES • o
O E. HAYES 0
0 Q
o
° oo �a
GARFIELD ST.
00 O 0 0 PO 0 CD
O O
t°
o
0 0 ° ° sA ARTHUR
O ojo ,
°
joColo
Q
° ° tOO 0
° oEND
T
0 gTFesN01 ARKING
CLEVEL
0 Q I
O O O 0 Nlo�v�y
° p ° Q j t 3 A.N-to A.M.
RP-swcepir-y-
o To.i
O O I Awwy ZoKE
O ° ° OAK
° ° o o ° ( A 0
° l o o I AwgTiME
0