Ord 2191 - Control Veh/Bic Traff
COUNCIL BILL NO. 1791
ORDINANCE NO. 2191
AN ORDINANCE CONTROLLING VEHICULAR AND BICYCLE TRAFFIC;
PROVIDING PENALTIFS; AND REPEALING ORDINANCE 1527
TIlE CITY OF WOODBURN ORDAINS AS FOLWWS:
Section 1. Short Title. This ordinance may be cited as "City of Woodburn
Traffic Ordinance. "
Section 2. Definitions.
(I) 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) Except as otherwise provided, 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) 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.
(c) 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. .
(d) Person. A natural person, firm, partnership, association, or
corporation.
(e) Traffic lane. That area of the highway used for or designated for the
movement of a single line of traffic.
(t) Trock. For purposes of prohibited truck traffic, "truck" shall mean 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.
(g) 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 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.
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Section 4. Dutl..... of the Citv Admlnl<ltrator. The City Administrator or his
designate shall implement the ordinances, resolutions and motions of the Council by
installing traffic control devices. Such installations shall be based on the standards
contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and
Highways.
Section S. Public Dalll!er. 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 6. Standards. The regulations of the Mayor and City Council or its
designate shall be based upon:
(1) Traffic engineering principles and traffic investigations.
(2) Standards, limitations and rules promulgated by the Oregon Transportation
Commission.
(3) Other recognized traffic control standards.
Section 7. Authoritv to Enforce Ordinance.
(1) Police officers and other persons designated by the City Administrator have the
authority to enforce the provisions of this ordinance.
Section 8. Obedience to and Alteration of Traffic Control Devices.
(1) No driver of any vehicle shall disobey the instruction of a police officer or of
a traffic control device placed in accordance with the state motor vehicle laws, this
ordinance, or direction of the City Council or City Administrator, including those directed
by an authorized public utility.
(2) No unauthorized person shall install, move, remove, alter the position of, or
deface or tamper with a traffic control device.
Section 9. Evidence. The existence of a traffic control device shall be prima
facie evidence that the traffic control device was lawfully authorized and installed.
General Re2Ulations
Section 10. Crossl.... Private Pronertv. 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. lTnlawful Ridlnl!.
(I) 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
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discharge of a duty, or to 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 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. n..m"Pin.. 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 the curb of a street with the intention of using it 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. A person who causes damage shall be held responsible for
the cost of repair.
Section 14. Removln.. GIn" and Debris. A party to a vehicle accident or a
person causing broken glass or other debris to be upon a street shall remove the glass and
other debris from the street.
Section IS. Stol"lll!e of Motor Vehicles on Streets. No person shall store or
permit to be stored on a street or other public property, without permission of the city, a
motor vehicle or person 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.
ParJdn.. Remlations
Section 16. Method of Parldn...
(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 the 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 17. Prohibited Parkine or StaDdin... In addition to the state motor
vehicle laws prohibiting parking, no person shall park or stand:
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(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.
Section 18. Prohihited .....rki...p. 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 19. Use of I.oodinp 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 20. 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 21. Staodinp or Parkintr 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 22. Restricted Use of Bus StQDS. 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.
Section 23. Extension of Parkinp Time. Where maximum parking time limits
are designated by sign, movement of a vehicle within the same block shall not extend the
time limits for parking.
Section 24. ExeIQotlon. The provisions of this 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.
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Bicvcles
Section 25. Bicvcle Ouemtin.. 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 26. U....n~in... 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 sha1I be assigned to each bicycle so licensed, and a record of the
license issued sha1I 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.
Section 27. ImnoUDdin.. of Bicvcles.
(1) No person sha1I 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 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 fee of $5.00 shall be charged to the
owner of a bicycle impounded under this section.
(7) The proceeds of impounding fees and from the disposal of impounded bicycles
shall be paid over to the general fund.
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Pedestrians
Section 28. Right Angles. A pedestrian shall cross a street at a right angle,
unless crossing within a crosswalk.
Section 29. Skates. Skateboards. and Roller blades. No person shal1 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 30. Funeral Prnr-.ions.
(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.
(4) No person shal1 unreasonably interfere with a funeral procession.
(5) No person shal1 operate a vehicle which is not a part of the procession
between the vehicles of a funeral procession.
Parades
Section 31. Prohihited Activitv. 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-way and consisting of 10 or more persons or five or more vehicles.
Section 32. Parade Permit.
(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 parage.
(c) The desired route, including assembling point.
(d) The number of persons, vehicles and animals which will be
participating in the parade.
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(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 an 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 33. AJ)neaI 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.
Section 34. Offenses Allainst 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 35. Pennit Revocable. The City Administrator may revoke a parade
permit if circumstances clearly show that the parade can no longer be conducted consistent
with public safety.
Parkin!, Citations and Owner ResDonsibilitv
Section 36. Citation on IDellallv Parked Vehicle. Whenever a vehicIe 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
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citation.
Section 37. Owner Resooosibllitv. 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 38. Re2istered Owner ~nnption. 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.
Imooundment and Penalties
Section 39. Imooundment or 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 or 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 by 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.
(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 fmes
and charges have been paid. Vehicles impounded under authority of this subsection shall
be disposed of in the same manner as is provided in Subsection (2) of this section.
Section 40. Civll Infraction A"''''''''''''ent. A violation of any provision of this
ordinance constitutes a class 4 civil infraction and shall be dealt with according to the
procedures established by Ordinance 1998.
General
Section 41. Severabilitv 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
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ordinance.
Section 42. Reneal. Ordinance 1527 is hereby repealed.
Section 43. SAvin.. Clause. The repeal of any ordinance by Section 42 shall not
preclude any action against any person who violated the ordinance prior to the effective
date of this ordinance.
Section 44. Rmerl!encv 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 May~ ~ I /
Approved as to for:; I ~m- ~ ~ 1 i-
City Attorney Date /
?--7
Approved:
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Passed by the Council:
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:~ -r;::=-. .~
ennant, City Recorder
City of Woodburn, Oregon
May 12, 1997
May 13, 1997
May 1~, 1997
May 13, 1997
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