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Ord 1527COUNCIL BILL N0. 296 ORDINANCE NO. 1527 AN ORDINANCE CONTROLLING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING PENALTIES; REPEALING ORDINANCES; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Short Title. This ordinance may be cited as Woodburn Uniform Traffic Ordinance. Section 2. Definitions. (1) In addition to those definitions contained in the Oregon Vehicular Code, the following words or phrases, except where the context clearly indicates a different meaning, shall mean (a) Bus stogy: A space on the edge. of the roadway designated by sign for use by buses loading and unloading passengers. (b) Loading Zone: A space by the edge of the roadway designated by sign for the purpose of loading or un- loading passengers or materials during specified hours of specified days. (c) Motor Vehicle: Every vehicle that is self- propelled, including tractors, fork-lift trucks, motorcycles, roadbuilding equipment, street cleaning equipment, golf carts, and any other vehicle capable of moving under its own power, notwithstanding that the vehicle may be exempt from licensing under the motor vehicle laws of Oregon. (d) Parade: A procession which may disrupt or interfere with traffic (either vehicular or pedestrian). Page 1 - Council Bill No. 296 Ordinance No. 1527 (e} Person: A natural person, firm, partnership, association or corporation. (f) Street: Highway, road or street as defined in ORS 4$7.005 (2) . (g) Taxicab Stand: A space on the edge of a roadway designated by sign for use by taxicabs. (h) Traffic Lane: That area of the roadway used for movement of a single line of traffic. (i) vehicle: As used in subsequent sections of this ordinance, includes bicycles as defined in ORS 483.002(4). (2) As used in this ordinance, the singular includes the plural; and the masculine includes the feminine. Administration Section 3. Powers of the Council. (1} Subject to state laws, the City Council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated herein or by another ordinance. (2} The powers of the Council shall include, but not be limited to: (a) Designation of through streets. (ORS 487.875) (b) Designation of one-way streets. (ORS 487.885(1}(a) (c) Designation of truck routes. (ORS 483.542) (d} Designation of parking meter zones. (e) Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage. (ORS 483.532} (f) Authorization of greater maximum weights or lengths for vehicles using city street when specified by state law.(ORS 483.5250 Page 2 - Council Bill No. 296 Ordinance No, 1527 (g) Initiation of proceedings to change speed zones. (ORS 487.490 (2) ) (h) Revision of speed limits in parks. (ORS 487.865) Section 4. Duties of the City Administrator. The City Administrator or his designate shall exercise the following duties: (1) Implement the ordinances, resolutions and motions of the Council and his own orders by installing, maintaining, removing and altering traffic control devices. Such installation shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways. (2) Establish, remove or alter the following classes of traffic controls: (a) Crosswalks (ORS 487.860) , safety zones (ORS 487.885 (1) (b} } , and traffic lanes (ORS 487.885 (1) (a} } . (b) Intersection channelization and areas where drivers of vehicles shall not make right, left, or U-turns, and the time when prohibition applies (ORS 487.885 (1) (c) } . (c) Parking areas and time limitations, including the form of permissible parking (e.g.,parallel or diagonal). (ORS 487.890) (d) Traffic control signals. (e) Loading zones and stops for vehicles. (3) zssue oversize or overweight vehicle permits. (ORS 483.502-483.536) (4) Designate certain streets as bridle paths and prohibit horses and animals on other streets. {ORS 483.045) {5) Temporarily block or close streets. Page 3 - Council Bill 296 Ordinance No. 1527 (6} Establish bike lanes in paths and traffic controls for such facilities. Section 5. Review of Delegated Responsibilities. Duties exercised by the City Administrator or his designate shall be reported to the Council at the regular meeting immediately following their implementation and the Council may reject or modify such action. This reporting requirement may be dispensed with when the Council so orders. Section 6. Public Danger. Under conditions constituting a danger to the public, the City Administrator or his designate may install temporary traffic control devices deemed by him to be necessary. Section 7. The regulations of the City Administrator or his designate shall be based upon: (1) Traffic engineering principals and traffic investigations. (2) Standards, limitations and rules promulgated by the Oregon Transportation Commission. (3} Other recognized traffic control standards. Section 8. Authority of Police and Fire Officers. (1) It shall be the duty of police officers to enforce the provisions of this ordinance. (2} In the event of afire or other public emergency, officers of the police and fire department may direct traffic as conditions require, notwithstanding the provisions of this ordinance. Section 9. Obedience to anal alteration of control devices. (1} No driver of any vehicle shall disobey the instruction of a traffic officer or of a traffic control device placed in Page 4 - Council Bill 296 Ordinance No. 1527 shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or a person riding within a truck body in space intended for merchandise. (2) No person shall board or alight from a vehicle while the vehicle is in motion upon a street. Section 14. Sleds on Streets. No person shall use the streets for traveling on skis, toboggans, sleds or similar devices, except where authorized. Section 15. Damaging Sidewalks and Curbs. (1) The operator of a motor vehicle shall not drive upon a sidewalk or roadside planting strip except to cross at a permanent or temporary driveway. (2) No unauthorized person shall place dirt, wood or other material in the gutter or space next to a curb of a street with the intent of using such as a driveway. (3} No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond if required by the City. A~~person who causes damage shall be held responsible for the cost of repair. Section 16. Removing Glass and Debris. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove or cause to be removed the glass and other debris from the street. Section 17. Storage of Motor Vehicles on Streets. No person shall store or permit to be stored on a street or other Page 6 - Council Bill No. 296 Ordinance No. 1527 public property, without permission of the City, a motor vehicle or personal property. Failure to remove a motor vehicle or other personal property for a period of 48 hours shall constitute prima facie evidence of storage of a motor vehicle. Parking Regulations Section 18. Method of Parking. (1) Where parking space markings are placed on a street, 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. (2) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to interfere. (3) 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 19. Prohibited Parking or Standing. In addition to the State motor vehicle laws prohibiting parking, no person shall park or stand: (1} A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of 30 consecutive minutes. Page 7 - Council Bill No. 296 Ordinance No. 1527 Section 20. Prohibited Parking. No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of: (1) Displaying the vehicle for sale. (2) Repairing or servicing the vehicle, except repairs necessitated by an emergency. (3) Displaying advertising from the vehicle. (4) Selling merchandise from the vehicle, except when authorized. Section 21. Use of Loading Zone. No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the limits posted. If no time limits are posted, then the use of the loading zone shall not exceed 30 minutes. Section 22. Unattended Vehicles. Whenever a police officer shall find a motor vehicle parked or standing unattended with the ignition key in the vehicle, the officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. Section 23. Standing or Parking of Buses and Taxicabs. The operator of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than a bus Page 8 - Council Bill No. 29b Ordinance No. 1527 stop or taxicab stand, respectively, except that this provision shall not prevent the operator of a taxicab from temporarily stopping the taxicab outside a traffic lane while loading or unloading passengers. Section 24. Restricted Use of Bus and Taxicab Stands. No person shall stand or park a vehicle other than a taxicab in a taxicab stand, or 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 or taxicab waiting to enter or about to enter the restricted zone. Section 25. Lights on Parked Vehicle. No lights need be displayed upon a vehicle that is parked in accordance with this ordinance upon a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle. Section 26. Extension of Parking Time. Where maximum parking time limits are designated by sign, movement of a vehicle in a block shall not extend the tame limits for parking. Section 27. Exemption. The provisions of this ordinance regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state of public utility while necessarily in use for construction or repair work on a street, or a vehicle operated by the United States while in use for the collection, transportation or delivery of mail. B~cles Section 28. Bicycle Operating Rules. In addition to Page 9 - Council Bill No. 296 Ordinance No. 1527 observing all other applicable provisions of this ordinance and state law pertaining to bicycles, a person shall: (1) Not leave a bicycle, except in a bicycle rack. If no bike rack is provided the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles. (2) Not ride a bicycle upon a sidewalk within the downtown core area bounded on the North by Harrison Street, on the West by Second Street, on the South by Cleveland Street, and on the East by Front Street. Section 29. Licensing. The owner or lawful possessor of a bicycle may obtain a license therefor in the following manner: (1) the Police Department shall issue licenses and in so doing, shall obtain and record the name and address of each person purchasing a license and the make, model, and serial number (if any) of the bicycle. (2) A number shall be assigned to each bicycle so licensed, and a record of the license issued shall be maintained as part of the police records. A license plate assigned shall be affixed to the frame of the bicycle. (3) A fee for a bicycle license shall be $1.00; all license fees collected shall be paid over to the general fund. (4) No bicycle shall be licensed which is not equiped in accordance with ORS 483.549. Section 30. Impounding of Bicycles. (1) No person shall leave a bicycle on a public or private Page 10 - Council Bill No. 296 Ordinance No. 1527 property without the consent of the person in charge or the owner thereof. (2) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department. (3) In addition to any citation issued, a bicycle parked in violation of this ordinance may be immediately impounded by the police department. (4) If a bicycle impounded under this ordinance is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner. No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded. (5) A bicycle impounded under this ordinance which remains unclaimed shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property. (6 ) Except as provided in subsection (4) , a f ee of $ 5.0 0 shall be charged to the owner of a bicycle impounded under this section. (7) The proceeds of impounding fees and from the disposal of i~pounded bicycles, shall be paid over to the general fund. Pedestrians Section 31. Right Angles. A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. Traffic Offenses on Property Open to Public Travel Section 32. Careless Driving. No person shall operate a vehicle on property open to public travel in a careless manner that endangers or would be likely to endanger any person or p~'operty. Page 11 - Council Bill No. 297 Ordinance No. 1527 Section 33. Excessive.Noise. (1) No person shall operate a motor vehicle upon property open to public travel which because of equipment or manner of operation causes excessive engine or tire noise. (2} Excessive noise is any noise or sound that is greater than is reasonably necessary for the proper operation of a motor vehicle. (3) It shall be a violation of this ordinance to: (a} Equip any vehicle with a "muffler cut-out" (b) To equip any vehicle with a muffler other than the original muffler of the vehicle or a replacement muffler and such muffler shall not be modified so as to permit or create substantial additional noise. Section 34. Enforcement. (1) The violation of a provision of this ordinance relating to the operation of a motor vehicle on property open to public travel shall be a municipal offense and shall subject the violator to arrest by a police officer or a private citizen. (2) The Oregon Uniform Traffic Citation shall not be used in convictions for violation of the provisions of this ordinance for offenses occurring on property open to the public travel shall not be reported to the Department of Motor vehicles. (3} A misdemeanor citation may be issued in lieu of continuing custody. Funeral Processions Section 35. Funeral Processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practical. Page 12 - Council Bill No. 296 Ordinance No. 1527 (2} The procession shall be accompanied by adequate escort vehicles for traffic control purposes. (3) All motor vehicles in the procession shall be operated with their headlights turned on. (4) No person shall unreasonably interfere with a funeral procession. (5) No person shall operate a vehicle which is not a part of the procession between the vehicles of a funeral procession. Parades Section 36. Prohibited Activity. No person shall organize or participate in a parade which may disrupt or interfere with traffic on the public right of way without obtaining a permit. A permit shall always be required of a procession of people utilizing the public right of wya and consisting of ten or more persons or five or more vehicles. (1) Application for a parade permit shall be made, except for a funeral procession, to the chief of police at least seven days prior to the intended date of parade, unless the time is waived by him. (2) Application shall include the following information: (a) The name and address of the persons responsible for the proposed parade. (b) The date of the proposed parade. (c) The desired route including assembling point. (d) The number of persons, vehicles and animals which will be participating in the parade. Page 13 - Council Bill No. 296 Ordinance No. 1527 (e) The proposed starting and ending time. (f) The application shall be signed by the person designated as chairman. (3) If the chief of police, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, he shall approve the route and issue the permit. (4) If the chief of police determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, he may: (a) Propose an alternate route. (b} Propose and alternate date. (c) Refuse to issue a parade permit. (5) The chief of police shall notify the applicant of his decision within five days of receipt of the application. (6) If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal this decision to the City Council. Section 38. Appeal to Council. (1) The applicant may appeal the decision of the chief of police by filing a written request of the appeal to the City Recorder within five days after the chief of police has proposed alternatives or refused to issue a permit. (2) The Council shall schedule a hearing date which shall not be later than the second regular session following the filing of the written appeal with the City Recorder and shall notify the applicant of the date and time that he may appear either in person or by a representative. Page 14 - Council Bill No. 296 Ordinance No. 1527 Section 39. Offenses against the Parade. (1) No person shall unreasonably interfere with a parade or a parade participant. (2) No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. Section 40. Permit Revocable. The appropriate public official may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. Parking Citations and Owner Responsibility Section 41. Citation on Illegally Parked Vehicle. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this ordinance or state law, the 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 against him or to pay the penalty imposed within five days during the hours and at the place specified in the citation. Section 42. Failure to Compl~r with Traffic Citation Attached to Parked Vehicle. If the operator does not respond to a traffic citation affixed to a vehicle within days, the City Court may send to the operator which a traffic citation was affixed a letter owner of the violation and warning him that in the letter is disregarded for a period of five for the arrest of the owner will be issued. a period of five ~f a vehicle to informing the the event that days, a warrant Page 15 - Council Bill No. 296 Ordinance No. 1527 Section 43. Owner Responsibility. The 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. Section 44. Registered Owner Presumption. 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. Impoundment and Penalties Section 45. Impoundment of Vehicles. (1) Whenever a vehicle is placed in a manner or location that constitutes an obstruction of traffic or a hazard to public safety, a police officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner's expense. The owner shall be liable for the costs of towing and storing, notwithstanding that the vehicle was parked by another or that the vehicle was initially parked in a safe manner but subsequently became an obstruction or hazard. (2) The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the provisions of the ordinance of the city relating to impoundment and disposition of vehicles abandoned on the city streets. (3) The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this ordinance. Page 16 - Council Bill No. 296 Ordinance No. 1527 (4) Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. (5) Whenever a police officer observes a vehicle parked in violation of a provision of this ordinance or state law, if the vehicle has four or more unpaid parking violations outstanding against it, the officer may, in addition to issuing a citation, cause the vehicle to be impounded. A vehicle so impounded shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this subsection saall be disposed of in the same manner as is provided in sub- section (2) of this section. Section 46. Penalties. Violation of this provision of the ordinance is punishable by a fine not to exceed $400.00. GENERAL Section 47. Severabili~ Clause If a portion of this ordinance is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this ordinance. Section 48. Repeal. Ordinance No. 1242, enacted April 21, 1970, and its amendments relating to control of vehicular and pedestrian traffic; Ordinance No. 1175, enacted June 7, 1968, relating to parades, are repealed. Section 49. Saving Clause. The repeal of any ordinance by Section 43 shall not preclude any action against any person who violated the ordinance prior to the effective date of this ordinance. Page 17 - Council Bill No. 296 Ordinance No. 1527 Section 50. Emergency Clause. Theis 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 upon its passage by the Council and approval by the Mayor. r / APPROVED :~~ '~,~~~ ~,~~ ,, ~~:~ ~~ ~~~~ L. N:' ~t.~.~.r ~. RAL E. PICKERING, Mayor fir, Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ~~~.~ ~.~. ~ ;~ ,, BARNEY ,. B IS, Recorder City of Woodburn, Oregon July 26, 1976 July 26, 1976 July 26, 1976 July 26, 1976 Page 18 - Council Bill No. 296 Ordinance No. 1527 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1527, one of which said copies posted in the City Hall on the bulletin board opposite the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn. Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Paul Sowa and Sons building at 182 Young Street, in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and that all of said copies were posted on the ~~ "~ day of ~ 1976. Barney Burris, Recorder City of Woodburn, Oregon