Chapter 10.05 Uniform Traffic Code

A. Except as provided in subsection (B) of this section, the provisions of ORS chapters 801, 802, 803, 805, 806, 807, 809, 810, 811, 813, 814, 815, 816, 818, 820, 821, 822 and 823, and ORS 153.500 through 153.635 and 153.995 are hereby adopted, and any violations thereof shall constitute an offense against the City.

B. ORS 806.014(1) is adopted by reference except that the language “A vehicle may be impounded under subsections (1) to (3) of this section only if the vehicle is within an urban growth boundary that has a population of at least 40,000” is deleted. Violation of this provision as adopted herein is an offense against this City. [Ord. 636 § 1, 1995; Ord. 622 § 2, 1993; Ord. 603 § 2, 1990; 1981 Compilation § 5-2.2.]

10.05.030 Definitions.

In addition to those definitions contained in the Oregon Vehicle Code and ORS chapter 153, the following words or phrases, except where the context clearly indicates a different meaning, shall mean:

“Bus stop” means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.

“City Administrator” means the person designated by the City Council to perform the functions of the City Administrator, or that person’s designee.

“Holiday” means New Year’s Day, Martin Luther King, Jr.’s Birthday, the third Monday in February, known as President’s Day, the last Monday in May, known as Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday.

“Loading zone” means 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.

“Motor vehicle” means every vehicle that is self-propelled, including tractors, fork-lift trucks, motorcycles, road building equipment, street cleaning equipment, 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.

“Person” means a natural person, firm, partnership, association or corporation.

“Street” means a highway, road or street as defined in ORS 801.305.

“Taxicab stand” means a space on the edge of a roadway designated by sign for use by taxicabs.

“Traffic lane” means that area of the roadway used for the movement of a single line of traffic.

“Vehicle,” as used in this chapter, includes bicycles.

As used in this chapter, the singular includes the plural, and the masculine includes the feminine. [Ord. 701 § 1, 2006; Ord. 622 § 2, 1993; Ord. 603 § 3, 1990; 1981 Compilation § 5-2.3.]

10.05.040 Powers of the Council.

A. 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.

B. The powers of the Council shall include, but not be limited to:

1. Designation of through streets.

2. Designation of one-way streets.

3. Designation of truck routes.

4. Designation of parking meter zones.

5. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage.

6. Authorization of greater maximum weights or lengths for vehicles using City streets than specified by state law.

7. Initiation of proceedings to change speed zones.

8. Revision of speed limits in parks. [Ord. 622 § 2, 1993; Ord. 603 § 4, 1990; 1981 Compilation § 5-2.4.]

10.05.050 Duties of the City Administrator.

The City Administrator or his/her designee shall exercise the following duties:

A. 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.

B. Establish, maintain, remove or alter the following classes of traffic controls:

1. Crosswalks, safety zones and traffic lanes.

2. Intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies.

3. Parking areas and time limitations, including the form of permissible parking. [Ord. 622 § 2, 1993; Ord. 603 § 5, 1990; 1981 Compilation § 5-2.5.]

10.05.060 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. [Ord. 622 § 2, 1993; Ord. 603 § 6, 1990; 1981 Compilation § 5-2.6.]

10.05.070 Standards.

The regulations of the City Administrator or his designate shall be based upon:

A. Traffic engineering principles and traffic investigations.

B. Standards, limitations, and rules promulgated by the Oregon Transportation Commission or the Oregon Public Utility Commission or their successors.

C. Other recognized traffic control standards.

D. The City’s adopted transportation-related plans and policies.

E. Existing state and local laws regulating use of public ways.

F. The efficient use of the public way by the public.

G. The intensity of use of the street by vehicles and pedestrians.

H. The physical condition and characteristics of the street and abutting property.

I. The public health, safety and welfare. [Ord. 622 § 2, 1993; Ord. 603 § 7, 1990; 1981 Compilation § 5-2.7.]

10.05.080 Authority of peace and fire officers.

A. It shall be the duty of peace officers to enforce the provisions of this chapter.

B. In the event of a fire or other public emergency, peace officers, fire officers, and public works employees, in the performance of official duties, may direct traffic as conditions require, notwithstanding the provisions of this chapter. [Ord. 622 § 2, 1993; Ord. 603 § 8, 1990; 1981 Compilation § 5-2.8.]

10.05.090 Crossing private property.

No operator of a vehicle shall proceed from one street to an intersecting street by crossing another’s 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 or for other purposes consistent with lawful uses of the property. [Ord. 622 § 2, 1993; Ord. 603 § 9, 1990; 1981 Compilation § 5-2.9.]

10.05.095 Use of sidewalks.

Pedestrians shall not use any roadway for travel when sidewalks abutting the same are available. [Ord. 767 § 5, 2017.]

10.05.100 Unlawful riding.

A. 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.

B. No person shall board or alight from a vehicle while the vehicle is in motion upon a street.

C. No person shall ride or lead a horse on any sidewalk. [Ord. 622 § 2, 1993; Ord. 603 § 10, 1990; 1981 Compilation § 5-2.10.]

10.05.110 Sleds on streets.

No person shall use the streets for traveling on skis, toboggans, sleds or similar devices, except where authorized. [Ord. 622 § 2, 1993; Ord. 603 § 11, 1990; 1981 Compilation § 5-2.11.]

10.05.115 Crossing at right angles.

No pedestrian shall cross a street at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. [Ord. 767 § 6, 2017.]

10.05.120 Damaging sidewalks and curbs.

A. 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.

B. 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.

C. 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. [Ord. 622 § 2, 1993; Ord. 603 § 12, 1990; 1981 Compilation § 5-2.12.]

10.05.125 Use of crosswalk required.

No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks. [Ord. 767 § 7, 2017.]

10.05.130 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 the glass and other debris from the street. [Ord. 622 § 2, 1993; Ord. 603 § 13, 1990; 1981 Compilation § 5-2.13.]

10.05.135 Drinking in motor vehicles.

It is unlawful for any person to consume alcoholic liquor while an occupant of a motor vehicle on any street in this City. [Ord. 767 § 8, 2017.]

10.05.140 Method of parking.

A. 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.

B. The operator who first begins maneuvering his 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 deprive him of his priority or block his access.

C. Whenever the operator of a vehicle discovers that his vehicle is parked close to a building to which the fire department has been summoned, he shall immediately remove the vehicle from the area unless otherwise directed by police or fire officers. [Ord. 622 § 2, 1993; Ord. 603 § 14, 1990; 1981 Compilation § 5-2.14.]

10.05.150 Prohibited parking or standing.

No person shall park or stand:

A. A vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign.

B. 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.

C. A vehicle on a public street or other public property for the principal purpose of:

1. Displaying a vehicle for sale;

2. Repairing or servicing the vehicle, except while making repairs necessitated by an emergency;

3. Displaying temporary advertising from the vehicle; or

4. Selling merchandise from the vehicle, except when authorized.

D. A motor vehicle on a public street or on public property:

1. For more than 48 hours without moving at least two-tenths of a mile if it is not parked adjoining the address shown on the registration for the vehicle; or

2. For more than 14 days without moving at least one mile if it is otherwise legally parked adjoining the address shown on the registration for the vehicle.

E. An inoperable vehicle on a public street or public property for a period of more than 24 hours.

F. A recreational vehicle or any kind of trailer on a public street or public property for a period of more than 24 hours without moving a distance of at least two-tenths of a mile.

G. A motor vehicle, recreational vehicle, or trailer for the purpose of sleeping or housekeeping purposes, except where provision is made for the removal of wastewater and it is parked:

1. Within an approved recreational vehicle park; or

2. On the premises of a private residence and with the consent of the occupant of the residence and/or landlord; and

3. In accordance with BMC 15.105.030.

H. A vehicle in front of and 10 feet on either side of a mailbox(es) during the hours of 8:00 a.m. to 5:00 p.m., except on Sundays and Federal holidays. [Ord. 802 § 1, 2023; Ord. 622 § 2, 1993; Ord. 603 § 15, 1990; 1981 Compilation § 5-2.15.]

10.05.155 Prohibited parking areas.

No driver of a vehicle shall stop, stand or park it, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control signal, in any of the following places:

A. When in an intersection;

B. On a crosswalk;

C. Within 10 feet of a fire hydrant;

D. In front of a private driveway;

E. On a sidewalk or in such a manner as to block a sidewalk;

F. Upon a bridge, viaduct or elevated structure used as a street;

G. In any alley, except to load or unload persons or materials not to exceed 15 consecutive minutes in any one hour. A vehicle may park in any alley between the hours of 8:00 a.m. and 5:00 p.m. if it is actively needed to make installation or repairs to equipment or buildings or for building construction, provided the vehicles will not cause the alley to be blocked to other traffic;

H. Upon any street, alley, public parking lot, or parking strip in the City with any vehicle or combination of vehicles which are in excess of 23 feet in length or in excess of eight feet in width between the hours of 10:00 p.m. and 7:00 a.m. of the following day and all day on Saturday, Sunday, and holidays;

I. Upon any street within the City for the principal purpose of:

1. Displaying such vehicle for sale,

2. Greasing or repairing such vehicle, except repairs necessitated by emergency,

3. Selling merchandise from such vehicle, except in a duly licensed market place or when so authorized or licensed under the ordinances of this City,

4. Storage or junkage or dead storage for more than 24 hours. [Ord. 767 § 1, 2017.]

10.05.160 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 zone shall not exceed 30 minutes. [Ord. 622 § 2, 1993; Ord. 603 § 16, 1990; 1981 Compilation § 5-2.16.]

10.05.165 Parking time limited in certain areas.

When signs are erected in any block or within any public parking lot limiting permissible parking time, no person shall park a vehicle within that block or parking lot for longer than the time posted upon the sign. Movement of a vehicle to a parking space on either side of the same street within the area between the intersections at each end of the block shall not extend the time limits for parking. Nor shall movement of a vehicle to another parking space within the same parking lot extend the time limits for parking. After a vehicle has been moved from the posted block or parking lot for a period of time not less than one hour, then a new time limitation shall apply. [Ord. 767 § 2, 2017.]

10.05.170 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 stop or taxicab stand, respectively. [Ord. 622 § 2, 1993; Ord. 603 § 17, 1990; 1981 Compilation § 5-2.17.]

10.05.180 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 space. [Ord. 622 § 2, 1993; Ord. 603 § 18, 1990; 1981 Compilation § 5-2.18.]

10.05.185 Parking in violation of signs.

A. No person shall stand or park a vehicle in violation of any sign posted by the City of Brownsville regulating the manner in which vehicles may be parked upon a public street or upon a public parking lot.

B. It shall be an affirmative defense to the alleged violation of subsection (A) of this section that the signs regulating or restricting parking, standing, or entry were not clearly visible or did not prescribe the conduct in question with reasonable clarity. [Ord. 767 § 3, 2017.]

10.05.190 Exemption.

The provisions of this chapter 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, an emergency vehicle while in the course of official duties, or a vehicle owned by or under contract with the United States while in use for the collection, transportation or delivery of mail. [Ord. 622 § 2, 1993; Ord. 603 § 19, 1990; 1981 Compilation § 5-2.19.]

10.05.200 Bicycle operating rules.

In addition to observing all other applicable provisions of this chapter and state law pertaining to bicycles, a person shall:

A. Not leave a bicycle, except in a bicycle rack. If no 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.

B. Not ride a bicycle upon a sidewalk on Main Street between Kirk Avenue and Stanard Avenue or on Spaulding Avenue between Main Street and Averill Street. [Ord. 622 § 2, 1993; Ord. 603 § 20, 1990; 1981 Compilation § 5-2.20.]

10.05.210 Impounding of bicycles.

A. No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof.

B. A bicycle left on public property for a period in excess of 24 hours may be impounded by the Police Department.

C. In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded by the Police Department.

D. If a bicycle impounded under this chapter 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.

E. A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the City’s procedures for disposal of abandoned or lost personal property. [Ord. 622 § 2, 1993; Ord. 603 § 21, 1990; 1981 Compilation § 5-2.21.]

10.05.220 Skateboard rules.

A. A person shall not leave a skateboard so as to obstruct any roadway, sidewalk, driveway or building entrance.

B. A person shall not ride a skateboard upon a sidewalk on Main Street between Kirk Avenue and Stanard Avenue or on Spaulding Avenue between Main Street and Averill Street. [Ord. 622 § 2, 1993; Ord. 603 § 22, 1990; 1981 Compilation § 5-2.22.]

10.05.230 Funeral processions.

A. A funeral procession shall proceed to the place of internment by the most direct route which is both legal and practicable.

B. The procession shall be accompanied by adequate escort vehicles for traffic control purposes.

C. All motor vehicles in the procession shall be operated with their lights turned on.

D. No person shall unreasonably interfere with a funeral procession.

E. No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession. [Ord. 622 § 2, 1993; Ord. 603 § 23, 1990; 1981 Compilation § 5-2.23.]

10.05.235 Designation of parking spaces and signs.

The Public Works Director of the City of Brownsville is hereby authorized to designate and mark off individual parking spaces upon public streets or parking lots. Parking spaces are to be designated by lines painted or durably marked upon the curbing or the surface of the street. The Public Works Director is further authorized to post signs upon or adjacent to public streets or parking lots regulating the manner in which vehicles may be parked. [Ord. 767 § 4, 2017.]

10.05.240 Citation on illegally parked vehicle.

Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter, 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 parking citation for the operator to answer to the charge during the hours and at a place specified in the citation. [Ord. 782, 2019; Ord. 622 § 2, 1993; Ord. 603 § 24, 1990; 1981 Compilation § 5-2.24.]

10.05.250 Failure to comply with parking citation attached to parked vehicle.

If the operator does not respond to a parking citation affixed to a vehicle within a period of five days, the City Administrator may send to the owner of the vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event that the letter is disregarded for a period of five days, a warrant for the arrest of the owner will be issued. [Ord. 622 § 2, 1993; Ord. 603 § 25, 1990; 1981 Compilation § 5-2.25.]

10.05.260 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. [Ord. 622 § 2, 1993; Ord. 603 § 26, 1990; 1981 Compilation § 5-2.26.]

10.05.270 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 he was then the owner in fact. [Ord. 622 § 2, 1993; Ord. 603 § 27, 1990; 1981 Compilation § 5-2.27.]

10.05.280 Impoundment of vehicles.

A. Whenever a vehicle is placed in a manner or location that constitutes an obstruction to 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.

B. The procedure for towing and storing a vehicle under authority of this section shall be in accordance with state law relating to impoundment and disposition of vehicles abandoned on the City streets.

C. The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this chapter.

D. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. [Ord. 622 § 2, 1993; Ord. 603 § 28, 1990; 1981 Compilation § 5-2.28.]

10.05.290 Penalties.

A. Violation of BMC 10.05.090 through 10.05.130 is punishable by fine not to exceed $100.00.

B. Except as provided in subsection (A) of this section, violation of any other section of this chapter is punishable by fine not to exceed $50.00.

C. Violation of a provision identical to a state statute is punishable by a fine not to exceed the penalty prescribed by the state statute. [Ord. 622 § 2, 1993; Ord. 603 § 29, 1990; 1981 Compilation § 5-2.29.]