Ord 2360 - Parking for Events
COUNCIL BILL NO. 2504
ORDINANCE NO. 2360
AN ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN
AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2004 PLAZA CELEBRATIONS,
PROVIDING FOR CIVIL ENFORCEMENT, AND DECLARING AN EMERGENCY.
WHEREAS, the City Council finds that the 2004 Plaza Celebrations described
herein will serve a public purpose; and
WHEREAS, the 2004 Plaza Celebrations will be conducted by the Woodburn
Downtown Association on public property; and
WHEREAS, the limited clearing of public parking spaces by the City for the 2004
Plaza Celebrations will facilitate safe, effective, and efficient conduct of the 2004 Plaza
Celebrations; and
WHEREAS, the use of public property for the 2004 Plaza Celebrations shall be
subject to availability of the property, which may be limited due to the anticipated
construction of the plaza by the Woodburn Urban Renewal Agency; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. In addition to those definitions contained in the
"Oregon Vehicle Code," the following definitions apply:
(A) "Administrator" shall mean the City Administrator or his designee.
(B) "Downtown Parking Lot" shall mean the parking lot bordered by Garfield
Street on the South side, North First Street on the West Side, and West Hayes Street on
the North side and which is described as Township 5 South, Range 1 West, Section 18AB
of the Willamette Meridian, Tax Lots 2800 and 3200.
(e) "Event" shall mean each function sponsored by the Woodburn Downtown
Association as part of the 2004 Plaza Celebrations on the dates referenced in
Attachment "A," attached hereto and by this reference incorporated herein.
(D) "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.
Section 2. Indemnification. As a condition of allowing each Event to be
conducted on public property, the Woodburn Downtown Association shall waive any
and all claims against the City and agrees to save harmless, indemnify, and defend the
City from any and all loss, damage or liability which may be suffered or incurred by the
City arising out of or in any way connected to each Event, except those arising out of
the sole and direct negligence of the City. The Woodburn Downtown Association shall
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Ordinance No. 2360
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provide a copy of a signed indemnification agreement to the City at least five days
prior to each Event.
Section 3. Insurance. As a condition of allowing each Event to be conducted
on public property, the Woodburn Downtown Association shall provide and maintain at
its own expense during the term of each Event comprehensive general liability
insurance and comprehensive auto liability insurance with a combined single limit of
One Million Dollars ($l,OOO,OOO) per occurrence. Such insurance shall be primary to any
other insurance maintained by the City and shall name to the City as an additional
insured. The Woodburn Downtown Association shall provide the City a copy of a
certificate of said insurance at least five days prior to the Event.
Section 4. General Provisions. In addition to the applicable sections of the
"Oregon Vehicle Code," prohibited parking, no person shall park or stand a motor
vehicle in a public parking place within the Downtown Parking Lot between the hours
of 10:00 p.m. on each Saturday prior to the Event to 10:00 p.m. on the day of the
Event as posted by a lawfully erected parking limitation sign for the clearance of motor
vehicles on account of the 2004 Plaza Celebrations. This section shall not apply to
vehicles which are necessary for the 2004 Plaza Celebrations.
Section 5. Administration. The Administrator shall be responsible for the
installation and maintenance of applicable parking signs and for the enforcement of
this ordinance.
Section 6. Civil Infraction Assessment. A violation of any provIsion of this
ordinance constitutes a Class 3 civil infraction and shall be dealt with according to the
procedures established by Ordinance 1998.
Section 7.
Towina and Storaae.
(A) Any motor vehicle violating the provisions of this ordinance shall constitute
a hazard to the public safety and may be towed and stored at the registered owner's
expense if left unattended. The registered owner shall be liable for the cost of towing
and storage, even if the vehicle was parked by another person.
(B) Towing and storage of any motor vehicle pursuant to this ordinance does
not preclude the issuance of a citation for violation of any provision of this ordinance.
Section 8. Disposal of Motor Vehicle. After a motor vehicle is towed under the
authority of this ordinance, it may be disposed of in the manner provided by ORS
819.180 to ORS 819.260.
Section 9. Severabilitv. 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.
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Ordinance No. 2360
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Section 10. Emeraency 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: ~.~ ~
City Attorney --<;<
APprov,d:k '
~at
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Apri 1 14, 2004
Apri 1 14. 2004
Filed in the Office of the Recorder
April 14. 2004
ATTEST:
~~
Mary Ten nt City Recorder
City of Woodburn, Oregon
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Ordinance No. 2360
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ATTACHMENT "A"
2004 PLAZA CELEBRATIONS
Children I S Day
Mother's Day
Father's Day
Plaza Day
Halloween and Day of the Dead
Thanksgiving
Christmas Posada
(typical Christmas party)
April 25, 2004
May 9, 2004
June 20,2004
July 25, 2004
October 31 , 2004
November 21 , 2004
December 5,2004
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Ordinance No. 2360
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