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
'~ ..
ATTEST: '~~,. .~>~.,.., ~.'.r'rj ~9. ~_<~~
-%'BA` tdEY OfBURRIS, RECORDER
City of Woodburn, Oregon
PAGE 4 - COUNCIL BILL NO. 1034
ORDINANCE N0. 1986
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