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Ord 2285 - Reg MV, Bike,Ped Trf COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 AN ORDINANCE REGULATING MOTOR VEHICLE, BICYCLE AND PEDESTRIAN TRAFFIC WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCES 1904, 2078 AND 2191; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Short Title. This ordinance may be cited as the "City of Woodburn Traffic Ordinance. " Section 2. Definitions. (1) The definitions contained in the Oregon Vehicle Code, ORS Chapter 801, as constituted on the date this ordinance takes effect, are hereby incorporated by reference. (2) As used in this Ordinance, the following words and phrases mean: (a) Bus stop. A space on the edge of a roadway designated by sign for use by buses loading or unloading passengers. (b) Chief of Police. The Chief of Police of the City of Woodburn or designee. (c) City. The City of Woodburn. (b) City Administrator. The City Administrator of the City of Woodburn or designee. (d) Council. The City Council of the City of Woodburn. (e) Emergency. A situation where an unforeseen combination of circumstances calls for immediate action in order to avoid damage to a vehicle or where a vehicle was rendered inoperable but does not include a situation where the vehicle is left standing in excess of 24 hours. (f) Holiday. New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday. (g) Loading zone. A space on the edge of a roadway designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days. Page 1 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 (h) Parade. Any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the City with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets, parks or other public grounds. (i) Person. A natural person, firm, partnership, association, or corporation, company or organization of any kind. (j) Street. Any place or way set aside or open to the general public for purposes of vehicular traffic. (k) Traffic lane. That area of the highway used for or designated for the movement of a single line of traffic. (1) Truck. A motor vehicle 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 vehicle weight. (m) Truck Trailer. Any trailer designed and used primarily for carrying loads other than passengers whether designed as a balance trailer, pole trailer, semi- trailer or self-supporting trailer. Administration Section 3. Powers of the Council. Subject to state law, the Council constitutes the City road authority under ORS 810.010 and is empowered with all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another ordinance. Section 4. Duties of the City Administrator. The City Administrator shall implement the ordinances, resolutions and motions of the Council. Installation of traffic control devices shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways. Section 5. Public Dan~er. Under conditions constituting a danger to the public, the City Administrator may install temporary traffic control devices which are determined to be necessary. Section 6. Standards. The regulations of the Mayor and City Councilor its designate shall be based upon: (1) Traffic engineering principles and traffic investigations. Page 2 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 (2) Standards, limitations and rules promulgated by the Oregon Transportation Commission. (3) Other recognized traffic control standards. Section 7. Authority to Enforce 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. Section 8. Alteration of Traffic Control Devices Prohibited. No unauthorized person shall install, move, remove, alter the position of, or deface or tamper with a traffic control device. Section 9. Presumption that Traffic Control Device was Lawfully Authorized and Installed. A traffic control device is presumed to be lawfully authorized and installed unless the contrary is established by competent evidence. General Re~ulations Section 10. Crossin~ Private Property. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. Section 11. Unlawful Ridinl:. (1) No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. street. (2) No person shall board or alight from a vehicle while the vehicle is in motion upon a Section 12. Prohibited Devices. No person shall use the streets for traveling on skis, toboggans, sleds, skates, skateboards roller blades or other similar devices. Section 13. Removin~ Glass and Debris. A party to a vehicle accident or a person causing broken glass or other debris to be deposited upon a street shall remove the glass and other debris from the street. Section 14. Obstructinl: Streets. No unauthorized person shall obstruct the free movement of motor vehicles or pedestrians using the streets. Page 3 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 Section 15. Storaee of Vehicles on Streets. No person shall store or permit to be stored on a street or other public property, without permission ofthe City, a vehicle or personal property. Failure to remove a vehicle or other personal property for a period of 72 hours shall constitute prima facie evidence of storage of a vehicle. Section 16. Storaee and Parkine Trucks. Trailers. Boats. Campers. Car Units 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, 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 park a bus or vacation house trailer, camper, boat and/or boat trailer, motor home, tent trailer, utility trailer, or any motorized or unmotorized vehicle on any street or on any avenue or public way within the City for longer than 72 hours. Section 17. Calculation of Time of Storaee. When calculating hours under Sections 15 and 16 of this Ordinance, the continuity oftime shall not be deemed broken by the movement ofthe motor vehicle or personal property elsewhere on the block unless the movement removes the motor vehicle or personal property from the block where it is located before it is returned. Parkine Reeulations Section 18. Method of Parkine. (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 motor 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 the space, and no other motor 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 Parkine or Standine. In addition to the state motor vehicle laws prohibiting parking, no person shall park or stand: Page 4 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 (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. (2) A motor vehicle upon a street for the principal purpose of: (a) Displaying the vehicle for sale. (b) Repairing or servicing the vehicle, except to make repairs necessitated by an emergency. (c) Displaying advertising from the vehicle. (d) Selling merchandise from the vehicle, except when authorized. (3) A motor vehicle parked in such a manner that it damages or causes to be damaged any public improvement within the City including streets, alleys, or other public ways. The person who parked the vehicle shall be liable to the City for the damage caused thereby. Section 20. Affirmative Defense ofEmereency Repairs. Under Sections 15, 16 and 19 ofthis Ordinance, it shall be an affirmative defense that the prohibited parking was necessitated by an emergency and the defendant shall have the burden of proving the existence of the emergency by a preponderance of the evidence. Section 21. Use of Loa dine 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 loading zone shall not exceed 30 minutes. Section 22. Unattended Vehicles. Whenever a police officer finds a motor vehicle parked unattended with the ignition key in the vehicle, the police 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. Standinl: or Parkine of Buses. The operator of a bus shall not stand or park the vehicle upon a street in a business district at a place other than a bus stop, except that this provision shall not prevent the operator from temporarily stopping the bus outside a traffic lane while loading or unloading passengers. Section 24. Restricted Use of Bus Stops. No person shall stand or park a vehicle other than 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 waiting to enter or about to enter the restricted zone. Page 5 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 Section 25. Extension of Parkine Time. Where maximum parking time limits are designated by sign, movement of a vehicle in a block shall not extend the time limits for parking. Section 26. Exemption. The provisions ofthis ordinance regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state or 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. Abandoned Vehicles Section 27. Authority Over Abandoned Vehicles within City. City police officers and code enforcement personnel employed by the City and supervised by the Chief of Police shall have authority pursuant to ORS 819.140(1 )( c) to take abandoned vehicles into custody and exercise powers over abandoned vehicles pursuant to state law. Section 28. Abandoned Vehicle Procedure. All abandoned vehicles shall be processed under the provisions of state law. Bicycles Section 29. Bicycle Operatine Rules. In addition to 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 30. Licensin2. The owner or lawful possessor of a bicycle may obtain a license 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 ofthe 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 Page 6 - COUNCIL BILL NO. 2304 OR1;)INANCE NO. 2285 the general fund. Section 31. Impoundin2 of Bicycles. (1 ) No person shall leave a bicycle on public or private 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 ofthis 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. (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. Pedestrians Section 32. Ri2ht An2les. A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. Section 33. Use of Available Crosswalk. No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet ofa marked crosswalk. Section 34. Skates. Skateboards. and Roller blades. No person shall use skates, skateboards, roller blades or other similar devices 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. 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. (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. Page 7 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 (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. Permit Required. No person shall engage in or conduct any parade unless a permit is issued by the Chief of Police. Section 37. Parade Permit Application.. (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 the Chief of Police. In considering whether to waive the minimum time within which an application for a permit must be made, the Chief of Police shall consider the following factors: (a) Whether the size, route or nature of the proposed parade is such that additional law enforcement or other resources are required; (b) Time needed to inform the public of the parade in order to minimize public . . Inconvemence. (2) Applications shall be signed by the applicant and include the following information: (a) The name, address and telephone number of the persons responsible for the proposed parade. (b) The name, address and telephone number of the headquarters of the organization for which the parade is to be conducted, if any, and the authorized and responsible heads of the organization (c) The requested date of the proposed parade. (d) The desired route, including assembling point. ( e) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traveled. (f) The location by street of any assembly areas for such parade. (g) The number of persons, vehicles and animals which will be participating in Page 8 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 the parade. (h) The estimated number of spectators. (i) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade. (j) The intervals of space to be maintained between units of such parade. (k) The proposed starting and ending times. Section 38. Standards for Issuance (I) The Chief of Police shall issue a parade permit as provided for herein when, from a consideration ofthe application and from such other information as may otherwise be obtained, the Chief of Police finds that: (a) The conduct ofthe parade will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; (b) The conduct of the parade will not require the diversion of so great a number of City police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City; (c) The concentration of persons, animals, and vehicles at public assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; (d) The conduct of the parade is not reasonably likely to cause injury to persons or property; (e) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (f) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; (g) There are sufficient parking places near the site of the parade to accommodate the number of vehicles reasonably expected; (h) No parade permit application for the same time and location is already granted or has been received and will be granted. Page 9 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 Section 39. Denial of Permit. If the Chief of Police denies the permit based upon the standards for issuance specified in Section 38, written findings shall be issued specifying the reasons for the decision and a copy of the findings shall be furnished to the applicant. Section 40. Alternative Permit. (1) The Chief of Police, in denying an application for a parade permit, may authorize the conduct ofthe parade at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. (2) An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit issued under this Ordinance. Section 41. Notification of Decision. (1) The Chief of Police shall notify the applicant of the decision within five days of receipt of the application. (2) Ifthe Chief of Police requires an alternate route or an alternate date or refuses to issue a permit, the applicant shall have the right to appeal this decision to the Council. Section 42. Appeal to Council. (1) The applicant may appeal the decision of the Chief of Police by filing a written request of the appeal with 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 ofthe 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. Section 43. Public Conduct Durin2 Parades. (1) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or with any person, vehicle or animal participating or used in a parade. (2) No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. (3) The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade. Section 44. Prohibited Conduct. The following prohibitions shall apply to all parades: Page 10 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 (1) It shall be unlawful for any person to stage, present, or conduct any parade without first having obtained a permit as herein provided; (2) It shall be unlawful for any person to participate in a parade for which the person knows a permit has not been granted; (3) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade to knowingly fail to comply with any condition of the parade permit; Section 45. Permit Revocable. The City Administrator may revoke a parade permit if: (1) An imminent threat of violence and personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed, and a request to disband the parade made to the parade organizers has been refused; (2) Actual violence that endangers public safety has been caused by parade participants and public safety cannot be protected without revocation of the permit; or (3) There is significant deviation from the route designated in the application or approval, or assembly at points not shown in the application or approval, which occurs without approval of the Chief of Police. Parkin~ Citations and Owner Responsibility Section 46. Citation on IIIeeally 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 and at the time and place specified in the citation. Section 47. 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 48. Re~istered 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 49. Authority to Impound Improperly Parked Vehicles. When any unattended vehicle is parked upon a street, alley or public way of the City in such a manner that it is unlawfully parked in any prohibited or restricted area or is unlawfully parked for a length oftime prohibited by Page 11 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285 this Ordinance, such vehicle is declared by the Council to be a public nuisance and it shall be subject to abatement, removal and impounding in accordance with the procedures provided for abandoned vehicles pursuant to state law. Section 50. Civil Infraction Assessment. Each violation of any provision of this Ordinance constitutes a class 4 civil infraction and shall be dealt with according to the procedures established by City ordinance. General Section 51. Severability 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 52. Repeal. Ordinances 1904, 2078 and 2191 are hereby repealed. Section 53. Savine Clause. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this ordinance. Section 54. Emer~ency 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 immediately upon passage by the Council and approval by the Mayor. Approved as to form: q). ry..,-. ~ .LJ - / 7 - z. 0 0 / N. Robert Shields, City Attorney D te Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Re~ ATTEST:~ !y, Mary Tennant, City Recorder City of Woodburn, Oregon April 24. 2001 April 24, 2001 Page 12 - COUNCIL BILL NO. 2304 ORDINANCE NO. 2285