Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.030 Administration--Powers of council.
10.04.050 Administration--Public danger.
10.04.060 Administration--Standards.
10.04.070 Administration--Authority of police and fire officers.
10.04.080 Adoption of statutory laws.
10.04.090 Citation on illegally parked vehicle.
10.04.100 Failure to comply with traffic citation attached to parked vehicle.
10.04.120 Owner responsibility.
10.04.130 Registered owner presumption.
10.04.140 Existing traffic-control devices.
10.04.010 Title.
The ordinance codified in Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.30, 10.32 and 10.40 may be cited as the "Cottage Grove traffic ordinance." (Ord. 3164 §1, 2022; Ord. 3038 (Exh. A)(part), 2013)
10.04.020 Definitions.
In addition to those definitions contained in the Oregon Vehicle Code, the following words and phrases shall apply in this title, except where the context clearly indicates a different meaning:
A. "Bus stop" means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.
B. "Holiday" means 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" means a space on the edge of a street designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days.
D. "Motor vehicle" means every vehicle that is self-propelled, including tractors, forklift 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.
E. "Person" means a natural person, firm, partnership, association or corporation.
F. "Street" means highway, roadway, street or alley, as defined in ORS 801.110, 801.305 and 801.450, including the entire width of the right-of-way.
G. "Taxicab stand" means a space on the edge of a street designated by sign for use by taxicabs.
H. "Traffic lane" means that area of the street used for the movement of a single line of traffic.
I. "Vehicle," as used in subsequent sections of Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.30, 10.32 and 10.40, includes bicycles. (Ord. 3164 §2, 2022; Ord. 3038 (Exh. A)(part), 2013)
10.04.030 Administration--Powers of 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 in Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.30, 10.32 and 10.40 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. Designation of certain streets as bridle paths and prohibition of horses and animals on other streets;
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;
9. Temporary blocking or closing of streets;
10. Establishment of bicycle lanes and paths and traffic controls for such facilities;
11. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage;
12. Issuance of oversize or overweight vehicle permits;
13. Establishment, removal or alteration of the following classes of traffic controls:
a. Crosswalks, safety zones and traffic lanes;
b. Intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies;
c. Parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal);
d. Loading zones and stops for vehicles;
e. Traffic control signals. (Ord. 3164 §3, 2022; Ord. 3038 (Exh. A)(part), 2013)
10.04.050 Administration--Public danger.
Under conditions constituting a danger to the public, the chief of police or a designee may install temporary control devices considered by the chief of police to be necessary. (Ord. 3038 (Exh. A)(part), 2013)
10.04.060 Administration--Standards.
The regulations of the chief of police or a designee shall be based upon:
A. Traffic engineering principles and traffic investigations;
B. Standards, limitations and rules promulgated by the Oregon Transportation Commission;
C. Other recognized traffic control standards. (Ord. 3038 (Exh. A)(part), 2013)
10.04.070 Administration--Authority of police and fire officers.
A. It shall be the duty of the police department to enforce the provisions of Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.30, 10.32 and 10.40.
B. In the event of a fire or other public emergency, police and fire personnel may direct traffic as conditions require, notwithstanding the provisions of Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.30, 10.32 and 10.40. (Ord. 3164 §4, 2022; Ord. 3038 (Exh. A)(part), 2013)
10.04.080 Adoption of statutory laws.
Violation of the provisions in ORS Chapters 801 through 823 as now constituted shall be an offense against the city and subject to the penalties therein provided. (Ord. 3038 (Exh. A)(part), 2013)
10.04.090 Citation on illegally parked vehicle.
Whenever a vehicle without an operator is found parked in violation of a restriction imposed by Chapters 10.04, 10.12, 10.20, 10.24, 10.28, 10.30, 10.32 and 10.40 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 at the location and time specified in the citation, or pay the presumptive fine as provided in Sections 10.04.100(D) and (E). (Ord. 3164 §5, 2022; Ord. 3127 §1, 2020: Ord. 3038 (Exh. A)(part), 2013)
10.04.100 Failure to comply with traffic citation attached to parked vehicle.
A. If the operator, or registered owner, does not respond to a parking citation affixed to a vehicle on or before the date set forth on the citation, the court shall enter a judgment of default and the amount of the fine shall thereafter be doubled. If the fine is not paid within thirty-one days after the first appearance date, the fine will again be doubled.
B. Upon entry of a default judgment, the municipal court shall send to the registered owner of the vehicle a copy of the judgment and notice regarding the consequence of failure to pay the imposed fine within the time allowed and advising of the risk of impoundment as set forth in subsection C of this section.
C. A vehicle with two unpaid parking citations will be subject to impound upon conviction for a third citation, either by default, entry of plea, or as the result of a trial, and release may be obtained only by payment of fines for all parking citations and impound charges.
D. No fine may be imposed and no payment may be required prior to conviction by default judgment, a plea of no contest, or as the result of a trial, other than as set forth in subsection E of this section.
E. Payment of the presumptive fine prior to a first court appearance shall constitute an appearance and plea of “no contest” for purposes of this section. (Ord. 3114 §1, 2019: Ord. 3038 (Exh. A)(part), 2013)
10.04.120 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 a vehicle was secured by the operator without the owner’s consent. (Ord. 3038 (Exh. A)(part), 2013)
10.04.130 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 the defendant was then the owner in fact. (Ord. 3038 (Exh. A)(part), 2013)
10.04.140 Existing traffic-control devices.
All traffic-control devices installed or existing on the date of the adoption of the ordinance codified in this chapter shall be considered authorized under the provisions of this chapter and shall continue in effect; provided, however, that the city council may remove or change such traffic-control devices in accordance with the provisions of this chapter. (Ord. 3038 (Exh. A)(part), 2013)