Chapter 10.16
TRUCKS
Sections:
10.16.010 Purpose and definitions.
10.16.020 Truck traffic prohibitions.
10.16.025 Truck parking prohibitions.
10.16.040 Immobilizing or towing of vehicles.
10.16.050 De-immobilizing prohibited.
10.16.010 Purpose and definitions.
The purpose of this chapter shall be to prevent damage to the city’s roads, streets and alleys and to reduce traffic hazards. As used in this chapter, “a vehicle having a gross vehicle weight in excess of twenty thousand pounds” means a motor vehicle and/or truck trailer of that capacity, whether it in fact is loaded or unloaded, or weighs in excess of twenty thousand pounds at the time in question. The gross vehicle weight designated on the exterior of any vehicle shall be prima facie evidence of its gross vehicle weight. (Ord. 1908 §1(part), 2007; Ord. 1741 §1, 1996; Ord. 1300(part), 1978; Ord. 1249 §1, 1976; Ord. 1169 §1, 1974; Ord. 1153 §1, 1974).
10.16.020 Truck traffic prohibitions.
A. It is unlawful to drive any vehicle having a gross vehicle weight in excess of twenty thousand pounds upon any public street within the city, with the following exceptions:
1. Highway 99, East Pine Street within the city, Hamrick Road within the city, West Pine Street, Freeman Road, Hopkins Road between Freeman Road and Bursell Road, Peninger Road south of East Pine Street, and Ice Cream Drive or any other street within the city over which jurisdictional control is exercised by the Oregon State Transportation Commission or Jackson County;
2. Haskell Street within the city, between the hours of five a.m. and seven p.m.;
3. All service and delivery vehicles on bona fide delivery or service trips on the most convenient and direct route within the city;
4. Trucks awaiting repair or being repaired, while parked in the immediate vicinity of the repair business, and trucks temporarily parked while the drivers are obtaining documentation relating to loads or insurance, when said activities occur within a commercial zoning district within the city;
5. Upon special permit issued by the chief of police pursuant to Section 10.16.030.
B. Any person who violates this section shall be subject to the general penalty; however, in no event shall such violation be punished with less than a seventy-five-dollar fine, no part of which may be suspended. (Ord. 1908 §1(part), 2007; Ord. 1742 §2, 1996; Ord. 1729 §2, 1995; Ord. 1620, 1989; Ord. 1600, 1988; Ord. 1339 §1, 1979; Ord. 1300(part), 1978; Ord. 1169 §2, 1974; Ord. 1153 §1, 1974).
10.16.025 Truck parking prohibitions.
A. It is unlawful to park any vehicle having a gross vehicle weight in excess of twenty thousand pounds upon any public street within the city, with the following exceptions:
1. Any other street within the city over which jurisdictional control is exercised by the Oregon State Transportation Commission;
2. Haskell Street within the city, between the hours of five a.m. and seven p.m.;
3. All service and delivery vehicles on bona fide delivery or service trips on the most convenient and direct route within the city;
4. Trucks awaiting repair or being repaired, while parked in the immediate vicinity of the repair business, and trucks temporarily parked while the drivers are obtaining documentation relating to loads or insurance, when said activities occur within a commercial zoning district within the city;
5. Upon special permit issued by the chief of police pursuant to Section 10.16.030.
B. Any person who violates this section shall be subject to the general penalty; however, in no event shall such violation be punished with less than a seventy-five-dollar fine, no part of which may be suspended. (Ord. 1908 §1(part), 2007).
10.16.030 Special permits.
The chief of police may issue special permits for vehicles having a gross vehicle weight in excess of twenty thousand pounds upon application and upon determination by the chief of police that said special trip shall not unduly hinder traffic or endanger the safety of persons or property, including city improvements. Applications for such special trip permits shall be on forms to be furnished by the city, specifying the reason for the permit request, and said permit shall be issued for a prescribed number of trips for periods not to exceed thirty days. The fee for the issuance of such a special trip permit shall be thirty dollars. (Ord. 1908 §1(part), 2007; Ord. 1742 §3, 1996; Ord. 1300(part), 1978; Ord. 1153 §3, 1974).
10.16.040 Immobilizing or towing of vehicles.
A. Whenever a vehicle has been parked or operated in violation of Section 10.16.020, any police officer of the city may either immobilize such vehicle or cause such vehicle to be towed and impounded.
B. If a vehicle is so immobilized, the police officer who immobilized the vehicle shall conspicuously affix to the vehicle a written notice on a form provided by the municipal court, advising the owner, driver, or person in charge of the vehicle that it has been immobilized by the city pursuant to this section and that release of the vehicle may be obtained by posting bail on the violation. Unless release of the vehicle is arranged by five p.m. of the following day, the vehicle may be removed at the direction of the police department and impounded. (Ord. 1908 §1(part), 2007; Ord. 1761 §1, 1997; Ord. 1742 §4(part), 1996).
10.16.050 De-immobilizing prohibited.
A. No person other than a city police officer may de-immobilize or attempt to de-immobilize the vehicle, or move or attempt to move the vehicle, before it is released by a city police officer in accordance with this section. Violation of this subsection constitutes a violation punishable by the general penalty.
B. A vehicle shall be released when the registered owner, operator, or person in charge of the vehicle posts bail on the violation and pays the fifteen-dollar immobilizer fee described in Section 10.16.060. (Ord. 1908 §1(part), 2007; Ord. 1761 §2, 1997; Ord. 1742 §4(part), 1996).
10.16.060 Immobilizer fees.
When a vehicle is immobilized in accordance with Section 10.16.040, a fee of fifteen dollars shall be charged by the police department or municipal court, in addition to the bail on the violation. The fifteen-dollar fee and the bail shall be paid in cash before the vehicle is released. (Ord. 1908 §1(part), 2007; Ord. 1742 §4(part), 1996).