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Ord 2537 - Amendment to Ordinance 2285COUNCIL BILL NO. 3015 ORDINANCE NO. 2337 AN ORDINANCE AMENDING ORDINANCE 2285 (THE TRAFFIC ORDINANCE) TO PROHIBIT PARKING IN DESIGNATED FIRE LANES, TO MODIFY THE RV PARKING AND STORAGE PROVISIONS, TO MAKE OTHER MINOR AMENDMENTS, AND DECLARING AN EMERGENCY WHEREAS, in 2001, the Woodburn City Council adopted Ordinance 2285 ("the Traffic Ordinance) establishing and providing for the regulation of motor vehicles, bicycles, and pedestrian traffic within the City of Woodburn; and WHEREAS, the City Council, as part of the Ordinance Review and Revision Project, has considered revisions to the Traffic Ordinance as provided herein; and WHEREAS, the City Council has determined that if wants to more particularly define that parking in designated fire lanes, whether on public or private property, is prohibited; and WHEREAS, more specifically, the City Council has determined that it is in the public interest and promotes public safety to amend the Traffic Ordinance to grant enforcement officers the specific authority to enforce fire lane parking on private roads; and WHEREAS, the City Council has further determined that adding more specific restrictions that would only allow recreational vehicle ("RV") parking on City streets for certain loading and unloading purposes, for a limited period of time and in limited city locations, would reasonably address neighborhood concerns of public safety and aesthetics; and WHEREAS, more specifically, Section 16(2) will specify certain restrictions on RV parking and storage on City streets; and Section 19 will prohibit parking in certain areas or for particular purposes; and WHEREAS, the City Council has considered and added certain other minor amendments to the Traffic Ordinance as specified herein, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 2 (2) (1) of Ordinance 2285 is amended to read as follows: Page 1 - COUNCIL BILL NO. 3015 ORDINANCE NO. 2537 "Section 2. Definitions.... (2) As used in this Ordinance, the following words and phrases mean:..." (1) Truck. A "motor truck" vehicle as defined by ORS 801.355 that is designed and used primarily for drawing other vehicles, such as truck trailers, or for carrying loads other than passengers, and subject to state licensing for ten thousand (10,000) pounds or more gross weight. Section 2. Section 7 of Ordinance 2285 is amended to read as follows: Section 7. Authority to Enforce Traffic Ordinance. Police officers as defined by ORS 801.395 and all other City employees designated by the City Administrator have the authority to enforce the provisions of this Ordinance to all City of Woodburn owned or operated property, highways as defined by ORS 801.305, and all private streets within the City limits specifically notes by this Ordinance. Section 3. Section 7A of Ordinance 2285 is added to read as follows: Section 7A. Right of Entry. When necessary to investigate a suspected violation of this Ordinance, the enforcement officer may enter on any site open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site that is closed to the public shall be entered without the consent of the owner or occupant. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry. Section 4. Section 16 of Ordinance 2285 is amended to read as follows: Section 16. Storage and Parking TrucksTrailers Boats Campers, and Other Vehicles. (1) No person shall park a truck, or truck trailer upon any street, alley, avenue or public way in any residential area of the City adjacent to any residence, apartment, hotel, care facility, church, school, hospital, multiple dwelling, park or playground in any area of the City. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in the City for the actual loading or unloading of goods or to make repairs necessitated by an emergency. (2) No person shall store or permit to be stored on a street or other public property, without permission of the city, a bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer, whether attended or unattended. A bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer may Page 1 - COUNCIL BILL NO, 3015 ORDINANCE NO. 2537 be parked on a street for a period of not more than forty --eight (48) hours if it meets the criteria listed below: (a) It is parked for the purpose of loading, unloading, or otherwise being prepared for use; (b) It is owned by the resident or guest of the resident of the property it is parked adjacent to; (c) It is not being used for human occupancy while parked on the street; and (d) It is parked in a manner that does not interfere with traffic or create a hazard by obstructing the view of other drivers. Section 5. Section 17 of Ordinance 2285 is amended to read as follows: Section 17. Calculation of Time of Storage. (1) Failure to move a vehicle regulated by Section 15 and 16 of this Ordinance after expiration of any of the time periods set forth constitutes prima facie evidence of violation of that Section. (2) For purposes of Section 15 of this Ordinance, "move" means removing the motor vehicle or personal property from the block where it is located before it is returned. (3) For purposes of Section 16 of this Ordinance, "move" means removing the bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer off the City's streets or other public property before it is returned. Section 6. Section 19 (4) of Ordinance 2285 is added to read as follows: "Section 19. Prohibited Parking or Standing. In addition to the state motor vehicle laws prohibiting parking, no person shall park or stand:... " (4) A vehicle on a highway or street clearly designated as a fire apparatus access road or fire lane per Section 2 of the Oregon Fire Code. A curb painted red or otherwise marked as a "Fire Dane" designates a fire apparatus access road or fire lane and may be established on public or private property. Section 7. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety in that the Page 1 — COUNCIL BILL NO. 3015 ORDINANCE NO. 2537 amendment regarding fire lane enforcement in,volves, significant public safety issues and should'! be effective immediately, an emergency is declared to exist and this ordinance shall fake effect immediately upon passage by the City Council and approval by the Mayor. Approved as to form: City Attorney 01000001 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page I —COUNCIL BILL NO. 3015 ORDINANCE NO, 2537