Chapter 10.04 TRAFFIC REGULATIONS

In addition to those definitions contained in the adopted sections of the Motor Vehicle Laws of Oregon, the following words or phrases, except where the context clearly indicates a different meaning, shall have the assigned meanings.

A. “Alley” means a narrow street through the interior of a block.

B. “Bicycle” means every device propelled by human power, upon which any person may ride, having two tandem wheels either of which is over fifteen inches in diameter.

C. “Bus stand” means a fixed area in the roadway adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers.

D. “Curb” means the extreme edge of the roadway.

E. “Holidays” where used in this chapter or on signs or other devices erected in accordance with this chapter means Sundays and legal holidays.

F. “Loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of materials or freight.

G. “Park or parking” means the standing of a vehicle, whether occupied or not, except where a vehicle is temporarily standing for the purpose of and while actually engaged in loading or unloading.

H. “Parkway” means that portion of a street not used as a roadway or as a sidewalk.

I. “Passenger loading zone” means a loading zone reserved only for the loading or unloading of passengers and their luggage.

J. “Pedestrian” means any person afoot.

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

L. “Stop” means complete cessation of movement.

M. “Taxicab stand” means a fixed area in the roadway adjacent to the curb set aside for taxicabs to stand or wait for passengers.

N. “Traffic lane” means that portion of the roadway used for the movement of a single line of vehicles. (Ord. 940A §1, 1969).

10.04.020 City council powers.

A. After approval by the State Highway Commission where such approval is required by the Motor Vehicle Laws of Oregon and for the best use of the streets in the public interest, the council, or its designee, may approve the following traffic controls which shall become effective upon installation of appropriate traffic signs, signals, markings or devices:

1. Time limitations applicable to parking, in particular designated here as on the city streets;

2. Through streets;

3. One-way streets;

4. Truck routes;

5. Streets where trucks, machinery or any other large or heavy vehicles exceeding specified weights are prohibited, except for delivering or picking up materials or merchandise but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route;

6. The location and the time of operation of traffic control signals;

7. Bus stops, bus stands, taxicab stands and stands for other passenger common carrier vehicles;

8. The location of passenger loading zones for use in connection with a hotel, auditorium, theater, church, school or public building;

9. Loading zones for commercial purposes;

10. Intersections or areas where drivers of vehicles shall not make right, left or U-turns and the time when the prohibition applies;

11. Crosswalks, safety zones, parking spaces, traffic lanes and other symbols;

12. Traffic control signs;

13. All other signs, signals, markings and devices required to implement traffic and parking controls enacted by the council or required by state law or regulation.

B. All regulations of the nature hereinabove described, and in existence and indicated by appropriate signs or markings on the effective date of the ordinance codified herein shall continue in force as though imposed by motion entered in the minutes.

C. The city manager, or manager’s designee, may close streets, lanes or intersections to vehicular traffic when necessary to facilitate public or private infrastructure construction. (Ord. 1943 §1, 2010; Ord. 940A §2, 1969).

10.04.030 Police and fire officer authority.

A. It shall be the duty of the police department through its officers to enforce the provisions of this chapter.

B. In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of this chapter.

C. When at the scene of a fire, members of the fire department may direct or assist the police in directing traffic. (Ord. 940A §3, 1969).

10.04.040 Signs and-signals--Duty to obey--Defacing prohibited.

A. All drivers of motor vehicles and all pedestrians shall obey the instructions of every traffic sign, signal, marker, barrier or parking meter placed in accordance with the Motor Vehicle Laws of Oregon or this chapter, including those erected by any department of this city or other authorized person, except when necessary to avoid conflict with other traffic or when otherwise directed by a police officer.

B. No unauthorized person shall move, remove or alter the position of or deface or tamper with any such sign, signal, marker or barrier. (Ord. 940A §4, 1969).

10.04.050 Stopping--At stop signs.

When stop signs are erected at or near the entrance to any intersection or railroad crossing, every driver of a vehicle approaching such sign shall come to a full stop before entering any crosswalk, intersection or railroad crossing except when directed to proceed by a police officer or traffic control signal. (Ord. 940A §5, 1969).

10.04.060 Stopping--Traffic obstruction.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the opposite side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicle or pedestrians, notwithstanding any traffic control signal indication to proceed. (Ord. 940A §6, 1969).

10.04.070 Unlawful marking.

Except as provided by this chapter, no person shall letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb or other portion of any street, or post anything designed or intended to prohibit or restrict parking on any street. This section shall not prohibit a homeowner from painting the homeowner’s house number on a curb directly in front of the homeowner’s property, so long as such painting is done according to city requirements. (Ord. 1713, 1994; Ord. 940A §7, 1969).

10.04.080 Parking--Method.

A. No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement and with the curbside wheels of the vehicle within twelve inches of the edge of the curb, except where the street is marked or signed for angle parking, in which case motor vehicles shall be parked with the front head-in to the curb at the angle of and between painted stripes or other markings upon the pavement where such head-in parking is indicated.

B. Where parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within a single marked space.

C. Whenever an owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the fire department has been summoned, he shall immediately remove such vehicle from the area unless otherwise directed by police or fire officers.

D. No person, whether in a vehicle or not, shall intrude himself upon a street or premises where a fire is in progress in such manner as to interfere with the fire department in its efforts to extinguish a fire, and no person shall congregate in the vicinity of a fire in such a manner as to hinder or interfere with the fire department in its efforts to extinguish a fire. (Ord. 940A §8, 1969).

10.04.090 Parking--Oversize vehicles.

Any vehicle which because of its size or shape cannot be parked as provided by Section 10.04.080 may be parked outside the restricted or limited area of the city in a manner which will not impede or interfere with vehicular traffic. (Ord. 940A §9, 1969).

10.04.100 Parking--Prohibitions.

In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall stop or park a vehicle:

A. Upon a bridge, viaduct or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs;

B. In an alley or across an entrance to an alley or private driveway except to load or unload persons or materials and in no event for a longer period of time than necessary for said purpose;

C. Upon a street for the principal purpose of:

1. Displaying the vehicle for sale,

2. Displaying advertising from the vehicle,

3. Selling merchandise from the vehicle except in an established market place or when so authorized or licensed under the ordinances of the city;

D. Within ten feet of any fire hydrant or within thirty feet of any fire station;

E. Between the curb or traveled portion of the street or alleyway where there is no curb and the private property line, except where such parking is within a driveway and does not obstruct a sidewalk or other established use of the city’s right-of-way or clear vision areas for vehicular or pedestrian traffic;

F. For a period of time in excess of any duly posted parking time limit;

G. On the roadway side of a vehicle already parked;

H. With the front or rear of such vehicle, as the case may be, within less than twenty-five feet from the intersection of the property lines at an intersection;

I. Upon a street where the portion of the street is so designated by a no parking sign, or yellow-painted curb, or both. Presence of a no parking sign or a yellow-painted curb shall be prima facie evidence that the sign or paint has been lawfully placed pursuant to Section 10.04.020. (Ord. 1987 §1(part), 2014; Ord. 1644, 1990; Ord. 1201 §1, 1975; Ord. 940A §10, 1969).

10.04.111 Parking of explosives cargo.

It is unlawful for any person to park any motor vehicle carrying explosives within the city except for the purpose of making delivery and then for no longer than as reasonably necessary to accomplish such purpose. (Ord. 1201 §2, 1975).

10.04.112 Motor vehicle, motor home, trailer and commercial vehicle parking--Prohibitions.

A. No person shall park any motor vehicle, motor home, trailer and commercial vehicle:

1. In one location on any portion of any public street or alley for any period longer than seventy-two consecutive hours, except that short-term out-of-town visitors may park such recreational vehicles for a period not to exceed two weeks in any one calendar year; or

2. In one location on any portion of any public street or alley or in the front setback area of any residential property, when parking in such setback area impairs clear vision for traffic safety.

B. No person shall reside in any motor vehicle, motor home, trailer or commercial vehicle except that persons may temporarily reside in a motor home, including specifically a camper, tent trailer, tent, or any other type of nondwelling living structure, in any front, side or rear yard area of any residential property for a period not to exceed two weeks in any one calendar year.

C. It is no defense to subsection (A)(1) or (A)(2) of this section that the motor vehicle, motor home, trailer or commercial vehicle described therein has been moved from one place to another, so long as it is left on a street, alley or other municipal property for more than a cumulative seventy-two consecutive hours. This act is defined as intentionally moving a motor vehicle, motor home or trailer or commercial vehicle a limited distance and reparking the subject vehicle or trailer to appear as though it is not being used in violation of this section.

D. Definitions.

1. “Motor vehicle” means any self-propelled vehicle and any such vehicle in combination with any trailing units, used or physically capable of being used upon any public highway in this state in the transportation of persons or property, except vehicles operating wholly on fixed rails or tracks and electric trolley buses, including but not limited to motor homes, vans, cars, campers, trailers, boats, recreational vehicles and commercial vehicles. “Motor vehicle” includes over-dimension vehicles or vehicles permitted excessive weights pursuant to a special authorization issued by a city, county or the Department of Transportation.

2. “Motor home” means a vehicle that has been designed, reconstructed, or permanently altered to provide facilities for human habitation, i.e., permanent sleeping and cooking facilities. This includes permanently mounted campers on pickup trucks or other truck frames.

3. “Trailer” shall include: boat trailer, camping trailer including what is commonly known as a “fifth wheeler,” horse trailer, utility trailer or any other vehicle or conveyance designed to be connected to and drawn by a motor vehicle or recreational vehicle.

4. “Commercial vehicle” means a vehicle that will be operating at a gross vehicle weight rating or combination weight over twenty-six thousand pounds and includes vehicles designed to transport sixteen or more persons and vehicles designed to transport hazardous materials regardless of weight. (Ord. 1987 §1(part), 2014; Ord. 1729 §1, 1995; Ord. 1460 §1, 1982; Ord. 1439 §1, 1981; Ord. 1201 §3, 1975).

10.04.120 Loading zones--Use.

A. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials or freight in any place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect.

B. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect. (Ord. 940A §11, 1969).

10.04.130 Bus and taxicab--Stopping, standing or parking.

The driver of a bus or taxicab shall not stand or park such vehicle upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. (Ord. 940A §12, 1969).

10.04.140 Restricted use of bus and taxicab stands.

A. No person shall stop, stand or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab about to enter or using such zone.

B. No common carrier motor bus shall be stopped or parked behind another motor bus that is within a bus zone nor shall any carrier motor bus be stopped or parked at an angle toward any street curbline.

C. A motor bus as referred to in this section is a motor bus regulated by the Oregon Public Utilities Commission. (Ord. 1201 §4, 1975; Ord. 940A §13, 1969).

10.04.150 Lights on parked vehicles.

No lights need be displayed upon any vehicle parked in accordance with this chapter upon a street where there is sufficient light to reveal any person or object upon such street within a distance of five hundred feet. (Ord. 940A §14, 1969).

10.04.160 Parking--Time limits.

A. The lawful time allowed for parking vehicles shall in any section of a street be as indicated by lettering upon official signs placed at the top of standards placed along the curb line of any section of any street. Such time limits shall mean the aggregate of time of all parking of one vehicle within any block and shall not exceed the time limit posted.

B. Except where otherwise designated by official signs or markers, the time limit shall not apply on Sundays or legal holidays or between the hours of six p.m. and nine a.m. (Ord. 940A §16, 1969).

10.04.170 Parking--Exemptions from provisions.

The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utilities while necessarily in use for construction or repair work on the street or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. (Ord. 940A §15, 1969).

10.04.180 Parking--Presumption of vehicle owner guilt.

In the trial of any charge of a violation of Sections 10.04.080 through 10.04.130 and 10.04.160, any registered owner of the vehicle allegedly parked in violation thereof shall be presumed to be the person who so parked the vehicle at the time and place charged, but such presumption may be rebutted. (Ord. 1125 §2, 1974; Ord. 940A §39, 1969).

10.04.190 Pedestrians--Use of sidewalks.

Pedestrians shall not use any roadway for travel when abutting sidewalks are available. (Ord. 940A §17, 1969).

10.04.200 Pedestrians--Crossing street 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 marked crosswalk. (Ord. 940A §18, 1969).

10.04.210 Pedestrians--Use of crosswalks.

In blocks where marked crosswalks are established, no pedestrian shall cross the street other than within a marked crosswalk. (Ord. 940A §19, 1969).

10.04.220 Parades--Permit required.

No procession or parade except a funeral procession, the forces of the United States armed forces and the military forces of this state shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace, cause damage or unreasonably interfere with the public use of the street or the peace and quiet of the inhabitants of this city. (Ord. 940A §20, 1969).

10.04.230 Funeral procession--Route--Escort.

Vehicles in a funeral procession may be escorted by at least one person authorized by the chief of police to direct traffic for such purposes and shall follow routes established by the chief of police. (Ord. 940A §21, 1969).

10.04.240 Procession--Driving procedure.

Except when approaching a left turn, each driver in a funeral or other procession shall drive along the right-hand traffic lane and shall follow the vehicle ahead as closely as is practical and safe. (Ord. 940A §22, 1969).

10.04.250 Procession--Driving through.

No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic control signals or when so directed by a police officer. This provision shall not apply to authorized emergency vehicles. (Ord. 940A §23, 1969).

10.04.260 Drinking in motor vehicle.

No person shall consume alcoholic liquor while an occupant of a motor vehicle on any street or public right-of-way in this city. (Ord. 2103 § 4 (Exh. D), 2023; Ord. 940A §24, 1969).

10.04.270 Vehicles in motion--Right-of-way.

A vehicle which has stopped or parked at the curb shall yield to moving traffic. (Ord. 940A §25, 1969).

10.04.280 Emerging from vehicle.

No person shall open the door of or enter or emerge from any vehicle into the path of an approaching vehicle or bicycle and no parked vehicle shall be left standing with a door or doors open to approaching traffic. (Ord. 940A §26, 1969).

10.04.290 Boarding or alighting from moving vehicle prohibited.

No person shall board or alight from any vehicle while such vehicle is in motion. (Ord. 940A §27, 1969).

10.04.300 Motorcycle--Riding regulations.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is equipped to carry more than one person. (Ord. 940A §28, 1969).

10.04.310 Vehicles--Unlawful riding.

No person shall ride on any vehicle upon any portion thereof not 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 or persons riding within truck bodies in space intended for merchandise. (Ord. 940A §29, 1969).

10.04.320 Clinging to moving vehicles.

No person riding upon any bicycle, motorcycle, coaster, roller skates, sled or any toy vehicle shall attach the same or himself to any moving vehicle upon the streets. (Ord. 940A §30, 1969).

10.04.330 Roller skates, skateboards, scooters--Use restricted.

No person shall ride upon or use roller skates, a skateboard, scooter or similar wheeled device upon any sidewalk, street or alley within the area bounded by and including Freeman Road, Front Street, Manzanita Street and Alder Street within the city. (Ord. 1608 §1, 1988; Ord. 940A §31, 1969).

10.04.340 Trucks--Prohibited on certain streets.

When the use of certain streets is prohibited to trucks exceeding a specified weight or other classification, no person shall operate a truck on such streets contrary to such prohibition except for the purpose of delivering or picking up materials or merchandise, but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route. (Ord. 940A §32, 1969).

10.04.350 Sidewalks and curbs--Liability for damage.

A. The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent driveway.

B. Any person who damages or causes to be damaged any public improvement within the street by driving a vehicle upon or within the sidewalk and parkway area shall be liable for such damage. (Ord. 940A §33, 1969).

10.04.360 Streets--Obstruction prohibited.

Except as provided by this chapter or any ordinance of the city, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb any article or thing or material which in any way presents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, creates a safety hazard, or obstructs a driver’s view or traffic or official traffic signs and signals. Running of extension cords or electrical cords across streets and alleys is prohibited. (Ord. 2103 § 4 (Exh. D), 2023; Ord. 940A §34, 1969).

10.04.370 Glass and debris--Removal from street.

Any party to a collision or other vehicle accident or any other person causing glass or other material or substance likely to injure any person, animal or vehicle to be upon any street in this city shall as soon as possible remove or cause to be removed from such street all such glass or other material or substance. (Ord. 940A §35, 1969).

10.04.380 Vehicle impoundment--Redemption--Sale.

Whenever a traffic citation is issued for violation of any city parking regulation, the police department may impound the vehicle involved and remove it to a garage, parking lot or other suitable storage place. The owner of the impounded vehicle or his authorized agent may redeem such vehicle by the payment of reasonable towing and storage charges. If redemption is not made within thirty days after the vehicle is impounded, then such vehicle shall be disposed of in accordance with the procedure provided by law for the disposal of abandoned vehicles. (Ord. 940A §36, 1969).

10.04.390 Penalties.

Any person violating any provisions of this chapter shall upon conviction be punished in accordance with the general penalty ordinance of the city as found in Section 1.16.010. (Ord. 1608 §2, 1988).