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Ordinance 1986COUNCIL BILL N0. 1034 ORDINANCE N0. 1986 AN ORDINANCE PROHIBITING ON-STREET AND PUBLIC PLACE PARKING IN A PORTION OF THE DO~JfdTOIdN AREA TO PREVENT INTERFERENCE WITH STREET CLEANIfdG OPERATIONS, PROVIDING FOR CIVIL ENFORCEh9ENT; AND DECLARIFdG AN EMERGENCY. 4lHEREAS, the regulation of parking in streets and public places is a function of municipal police power to protect the general public; and t~lHEREAS, parking functions upon the public streets and public places area privilege subject to City regulation; and WHEREAS, time restrictions upon parking is deemed beneficial for the purpose of aiding street cleaning and maintenance functions to facilitate improved public safety; PJOW, THEREFORE, THE CITY OF WOODBURPJ ORDAINS AS FOLLOWS: Section 1. PURPOSE. The City Council finds that the public safety responsibilities associated vdith street cleaning and general maintenance in the dovantown business district are paramount to providing for the general welfare and encouraging 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, effec'cive, and efficient maintenance operation for the public's benefit. Section 2. DEFINITIQWS. In addition to those definitions contained in the "Oregon Vehicle Cade," the following definitions apply: (A) "Administrator" shall mean the City Administrator or his 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. PAGE 1 e COUrJCIL BILL N0. 1034 ORDIPdAPdCE NO, 1986 (G) "Downtown Parking District" shall mean an area composed by the follo~ving street boundaries as referenced in Attachment "A". 1. The East and West sides of Front Street between Oak and fJardcastle. 2. The East and l-Jest sides of First Street between Harrison and Oak 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 Second Street. (D} "Enforcement Officer" shall mean the Police Chief or his designee. Section 3. GENERNL 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 ladvfully erected parking limitation sign far the clearance of motor vehicles on account of public street cleaning and maintenance operations. (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. PAGE 2 - COUPJCIL BILL PJO. 103 ORDIPJANCE N0. 1986 Section 4. ADttINISTRATIOPl. (A) The Administrator shall be responsible for the installation and maintenance of applicable parking signs and the conduct of business operations associated aaith street cleaning and maintenance within the Dovantown 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 ordinance 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 far 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 lyJoodburn C1unicipal Court as a civil infraction and not a criminal offense; and thereby having no right to jury trial or court appointed counsel. Section 6. TOTING AND STORAGE. (R) An,y motor vehicle violating the provisions of this ordinance shall constitute a hazard to public safety and the enforcement officer shall carase 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. PAGE 3 - COUNCIL BILL NO. 1034 ORDINAPlCE PJO. 1986 (B) Towing and storage of any motor vehicle pursuant to this ordinance does not preclude the issuance of a citation fora violation of any provision of this ordinance. Section 7. DISPOSAL OF P-10TOR 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 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 to an,y other statute, but shall continue to be in effect. Section 9. EIPERGENCY CLAUSE. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this ordinance shall take effect immec!iately upon passage by the Council and approval by the Ptayor. r Approved as to form: ~~ _ ~ _, `" ~ J ~ ~ _ City Attorney Date ,, APPROVED " ~ ~ _~~ ~ .. ~w~~~ NANCY A. KI KSEY, PIAYOR Passed by the Council Submitted to the t~9ayor Approved by the t~9ayor Filed in the Office of the Recorder September 28, 1987 _ September 29, 1987 ___ September 29, 1987 September 29, 1987 '~ .. 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