Ordinance 1988COUNCIL BILL No. 1053
ORDINANCE No . 1988
AN ORDINANCE PROHIBITING ON-STREET AND PUBLIC PLACE PARKING
IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE
WITH STREET CLEANING OPERATIONS, PROVIDING FOR CIVIL
ENFORCEMENT: REPEALING ORDINANCE No. 1986, AND DECLARING AN
EMERGENCY.
WHEREAS, the regulation of parking in 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 restrictions upon parking is deemed bene-
ficial for the purpose of aiding street cleaning and mainten-
ance functions to facilitate improve public safety; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. PURPOSE. The City Council finds that the
public safety responsibilities associated with street clean-
ing and general maintenance in the downtown business district
are paramount to providing for the general welfare and encourag-
ing the flow of goals and services. In addition, the limited
clearing of on-street parking spaces and public place parking
spaces will facilitate a safe, effective, and efficient main-
tenance operation for the public's benefit.
Section 2. DEFINITIONS. In addition to those definitions
contained in the "Oregon Vehicle Code", the following defini-
tions apply:
(A)"Administrator" shall mean the City Administrator or
his designee.
PAGE 1 - COUNCIL BILL No. 1053
ORDINANCE No . 1988
(B) "Public Parking Space" shall mean
road, street, thoroughfare, and place open,
for use by the general public for parking m
(C) "Downtown Parking District" shall
posed by the following street boundaries as
Attachment "A".
every public way,
used or intended
ator vehicles.
mean an area com-
referenced in
1. The East and West sides of Front Street between
Cleveland and Hardcastle.
2. The East and West sides of First Street between
Harrison and Cleveland Streets.
3. The West side of Second Street between Cleveland
and Grant Streets, and the East side of Second
Street between Garfield and Grant Streets.
4. The North and South sides of Harrison, Lincoln,
Garfield and Arthur Streets between Front and
First Streets.
5. The North and South sides of Grant and Hayes
Streets between Front and Second Streets.
6. The North side of Montgomery Street between First
and Second Streets.
7. The North side of Cleveland Street between First
and Second Streets.
8. The North and South sides of Cleveland Street
between Front and First Street.
(D) "Enforcement Officer" shall mean the Police Chief or
his designee.
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 place within the 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
limitation sign for the clearance of motor vehicles on account
of public street cleaning and maintenance operations.
PAGE 2 - COUNCIL BILL No. 1053
ORDINANCE No _ 1988
(B) The prohibition contained in subsection 3(A) of
this ordinance above shall not apply upon the legal holidays
observed by the City of Woodburn.
Section 4. ADMINISTRATION.
(A) The Administrator shall be responsible for the in-
stallation and maintenance of applicable parking signs and the
conduct of business operations associated with street cleaning
and maintenance within the Downtown Parking District.
(B) Enforcement of the provisions of this ordinance shall
be the duty of the enforcement officer.
(C) A parking citation issued in violation of this ordin-
ance shall be placed on or in such motor vehicle in accordance
with the "Oregon Vehicle Code".
Section 5. PENALTIES.
(A) Any person receiving a parking citation for violation
of this ordinance may forfeit bail and avoid the necessity of
appearing in Court by depositing said citation, together with
the sum of Ten and No/100 ($10.00) Dollars if paid within forty-
eight (48) hours of the time of issuance of the citation, or
Fifteen and No/100 ($15.00) Dollars if paid thereafter, in the
night deposit receptacle at City Hall, or by presenting the
citation and sum to the Violation Bureau during normal business
hours.
(B) Offenses covered by this ordinance shall be tried in
Woodburn Municipal Court as a civil infraction and not a crimi-
nal offense; and .thereby having no right to jury trial or court
appointed counsel.
PAGE 3 - COUNCIL BILL No. 1053
ORDINANCE No . 1988
Section 6. TOWING AND STORAGE.
(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.
(A) 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. SEVERABILITY. If any section, clause, or phrase
of this ordinance or its application to any statute, is deter-
mined 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
to any other statute, but shall continue to be in effect.
Section 9. REPEAL_ Ordinance No. 1986 is hereby specifi-
cally repealed.
Section 10. EMERGENCY CLAUSE. This ordinance being neces-
sary for the immediate preservation of the public peace, health,
and safety, an emergency is declared to exist, and this ordinance
shall take effect immediately upon passage by the Council and
approval by the Mayor.
Approved as to form: ~"~' ~ ~~/~~~/
City Attorney
PAGE 4 - COUNCIL BILL No. 1053
ORDINANCE No . 1988
Date
~~-'~ ~ ,~
APPROVED : ;-;~.c.~.~..., ~ ~~-._~a.-H°`""
ANCY A. RIRRSEY, MA 'OR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ls~I'~ {~,~:; ~.~ C-~~-~Q,.t..;~~
B'A~Y~. B RIS, Recorder
City of Woodburn, Oregon
January 25, 1988
Januarv 27. 1988
January 27, 1988
January 27, 1988
PAGE 5 - COUNCIL BILL No. 1053
ORDINANCE No . 1988
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