Ord 2448 - Temp Parking from ODOTCOUNCIL BILL NO. 2755
ORDINANCE NO. 2448
AN ORDINANCE DESIGNATING PUBLIC PARKING ON THE OREGON
DEPARTMENT OF TRANSPORTATION PROPERTY NEAR THE WOODBURN 1-5
INTERCHANGE; PROVIDING ADMINISTRATIVE AUTHORITY AND CIVIL
ENFORCEMENT, AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon through the Oregon Department of
Transportation ("ODOT") owns a property near the Woodburn 1-5
Interchange that ODOT plans to use for a future Park -and -Ride facility;
and
WHEREAS, the City has acquired a temporary permit from ODOT to
use the Property for public parking from November 14, 2008 until January
9, 2009; and
WHEREAS, there is a public need for the City to designate the
property for public parking on a temporary basis in order to avoid traffic
congestion that has occurred in the past; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Findings.
A. The City Council finds that last year during the holiday season,
and particularly during the Woodburn Company Stores special shopping
event, which is held beginning at 11:00 pm Thanksgiving night and
through 9:00 am Friday morning, there were serious public safety problems
created by shoppers parking in illegal and inappropriate areas.
B. The City finds that it is necessary to proactively respond by
providing additional public services so that last year's situation of traffic
congestion, inappropriate and illegal parking, and the risk to pedestrians
navigating a heavily congested interchange at night is mitigated.
C. The City finds that the City has a significant public interest in
partnering with ODOT and the Company Stores in order to attempt to
avoid traffic problems this year.
D. The City finds that it has authority under the Woodburn City
Charter and the temporary permit issued by ODOT to pass this Ordinance.
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ORDINANCE NO. 2448
Section 2. Definitions. In addition to those definitions contained in
the Oregon Vehicle Code, the following definitions apply:
A. "Administrator" shall mean the Woodburn City Administrator
or designee.
B. "Public Parking Space" shall mean every public way, road,
street, thoroughfare, and place open, used or intended for use by the
general public for parking motor vehicles.
C. "ODOT Parking Lot" shall mean the property depicted by
Exhibit "A" to this Ordinance (Tax Lots 052W 12ACO4304, 052W 12ACO4500,
052W 12ACO4600, 052W 12AC04800, 052W 12ACO4900, and
052W 12ACO5000) .
Section 3. General Provisions.
A. The ODOT Parking Lot is designated by the City as public
parking.
B. In addition to any applicable sections of the Oregon Vehicle
Code, motor vehicles shall park in marked spaces, subject to compliance
with any authorized signs in the ODOT Parking Lot placing other restrictions
on parking.
Section 4. Administration. The Administrator shall be responsible
for the installation and maintenance of applicable parking signs and for
the enforcement of this Ordinance.
Section 5. Additional City Bus Service. Additional bus service is
authorized to be provided by the City from the ODOT parking lot to the
Woodburn Company Stores. Because the Woodburn Company Stores will
receive some benefit by this action, the City Administrator is authorized to
execute a Reimbursement Agreement for Special Services with the
Woodburn Company Stores in a form acceptable to the City Attorney.
Section 6. 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 Ordinance 1998.
Section 7. Towing and Storage.
A. Any motor vehicle violating the provisions of this Ordinance
constitutes a hazard to public safety and may be towed and stored at the
registered owner's expense if left unattended. The registered owner shall
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ORDINANCE NO. 2448
be liable for the cost of towing and storage, 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 violation of
any provision of this Ordinance.
Section 8. 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 Chapter 819.
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.
Section 10. Emergency Clause. This ordinance being
necessary for the immediate preservation for the public peace, health,
and safety so that additional public parking is available without delay, an
emergency is declared to exist and this ordinance shall take effect
immediately upon passage and approval by the Mayor.
Section 11. Expiration. This Ordinance shall expire and cease to
be legally effective on January 10, 2009.
Approved as to form:
City Attc
101
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
/// -2 (/ -ZJ'10'�
November 26, 2008
November 26, 2008
Filed in the Office of the Recorder November 26, 2008
ATTEST:
McIry T&bnant City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2448