Chapter 10.04 UNIFORM TRAFFIC ORDINANCE

ORS Chapter 153, and the Oregon Vehicle Code, ORS Chapters 801 through 882, are adopted by reference. Violation of an adopted provision of those chapters is an offense against the city. [Ord. 311 § 2, 1993].

10.04.030 Definitions.

In addition to the definitions contained in the Oregon Vehicle Code, the following mean:

“48-hour notice” means a notice affixed to a vehicle pursuant to DMC 10.08.010.

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

“Discarded” means any vehicle that (A) does not have lawfully affixed thereto a license plate, has affixed to it an expired license plate, has an obstructed vehicle identification number, or is not registered to the local area; and (B) exhibits one or more of the following conditions:

1. Abandonment, which may be evidenced by various conditions including vegetation growing under the car, filth on the windshield or accumulated under the car;

2. Inoperability, which may be evidenced by various conditions including missing critical elements to operate safely or an inability of the vehicle to move on its own power;

3. Wrecked; or

4. Complete or partial dismantling.

“Loading zone” means a space on the edge of a roadway designated by signage for the purpose of loading and unloading passengers or materials during specified hours or specified days.

“Officer” means any authorized law enforcement officer of the city and the code compliance officer.

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

“Person in charge of vehicle” means any agent, occupant, lessee, contract purchaser, owner, or person having possession, control, or title of property where a vehicle is located.

Street. The terms “highway,” “road” and “street” shall be considered synonymous, unless the context precludes such construction. “Street” includes alleys.

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

“Traffic lane” means that area of the roadway used for the movement of a single line of traffic. [Ord. 589-2024 § 2 (Exh. B); Ord. 311 § 3, 1993].

Article I. Administration

10.04.040 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 by this chapter or another ordinance.

B. The powers of the council include, but are not 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. 311 § 4, 1993].

10.04.050 Implementation of regulations.

The city chief of police or designee shall exercise the following duties:

A. Implement the ordinances, resolutions, and motions of the council and his own orders by installing traffic control devices. Such installation 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 (e.g., parallel or diagonal). [Ord. 311 § 5, 1993].

10.04.060 Public danger.

Under conditions constituting a danger to the public, the chief of police or designee may install temporary traffic control devices. [Ord. 311 § 6, 1993].

10.04.070 Standard.

The regulations of the chief of police or designee shall be based on:

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. 311 § 7, 1993].

10.04.080 Authority of police and fire officers.

A. It is the duty of police officers to enforce the provisions of this chapter.

B. In the event of a fire or other public emergency, officers of the police and fire departments may direct traffic, as conditions require, notwithstanding the provisions of this chapter.

C. A city officer is authorized at all reasonable times to examine any vehicle for the purposes of determining whether the vehicle is discarded.

D. A city officer is granted discretion to determine whether a vehicle is discarded. [Ord. 589-2024 § 2 (Exh. B); Ord. 311 § 8, 1993].

10.04.090 Obedience to and alteration of control devices.

A. No person shall disobey the instruction of a traffic officer or a traffic control device.

B. No unauthorized person shall install, move, remove, obstruct, alter the position of, deface, or tamper with a traffic control device. [Ord. 311 § 9, 1993].

10.04.100 Crossing private property.

No operator of a motor vehicle shall proceed from one street to an intersecting street by crossing private property or premises open to the public. This provision does not apply to the operator of a motor vehicle who stops on the property to procure or provide goods or services. [Ord. 311 § 12, 1993].

10.04.110 Unlawful riding.

A. No operator of a motor vehicle shall permit a passenger to, and no passenger shall, ride on a motor vehicle on a street except on a portion of the vehicle designed or intended for the use of passengers. This provision does not apply to any 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 motor vehicle while the vehicle is in motion on a street. [Ord. 311 § 13, 1993].

10.04.120 Clinging to vehicles.

No person riding upon a bicycle, motorcycle, coaster, roller skates, sled or other device shall attach the device or himself to a moving vehicle upon a street. Nor shall the operator of a vehicle upon a street knowingly allow a person riding on any of the above vehicles or devices to attach himself, the vehicle or the device to his vehicle. [Ord. 311 § 14, 1993].

10.04.130 Roller skates, sleds, etc.

A. No person upon roller skates or a skateboard, or riding in or by means of a coaster, toy vehicle, or similar device shall use the streets and sidewalks except while crossing at a crosswalk, or in an authorized area.

B. No person shall use the streets for traveling on skis, toboggans, sleds, or similar devices, except where authorized. [Ord. 311 § 15, 1993].

10.04.140 Prohibited activities or uses.

Any activity or use which might obstruct or otherwise impede the normal passage of pedestrians and bicycles (where permitted on the sidewalk) on the sidewalk shall be prohibited. Such activities or uses shall include, but not be limited to, the following:

A. Parking a motor vehicle on or over any portion of the sidewalk.

B. Dumping, depositing, or placing any refuse, leaves or snow upon the sidewalks.

C. The sale or display of merchandise on or near a sidewalk in such a way that the merchandise or prospective buyers might impede or obstruct the passage of pedestrians or bicyclists.

D. The use of trees, brush, or other plants in such a way that any part of the plant growing on or over the sidewalk might impede or obstruct the passage of pedestrians and bicycles or interfere with any utility line (e.g., sewer, water, telephone, TV cable, gas transmission line, electrical line) or with street cleaning, paving or maintenance of the abutting street.

E. Any activity or use which would impede vision clearance at street intersections or driveways shall be prohibited.

F. The use of motorized vehicles, horse-drawn vehicles, or horses on any sidewalk is prohibited except where sidewalks must be crossed in order to gain access to a driveway, road, street, alley or parking area.

Nonmotorized vehicles may be used on the sidewalks for normal passage where this title permits.

Any vehicle used on the sidewalk shall not be operated in such a manner as to impede, hazard, or prevent the normal passage of pedestrians.

G. The operator of a motor vehicle shall not drive on a sidewalk or roadside planting strip except to cross at a permanent or temporary driveway.

H. 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.

I. No person shall remove a portion of a curb or move a motor vehicle or a device moved by a motor vehicle onto a curb or sidewalk without first obtaining authorization from the city and posting bond if required.

A person who causes damage shall be responsible for the cost of repair. [Ord. 311 § 16, 1993].

10.04.150 Removing glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be on a street shall remove the glass or other debris from the street. [Ord. 311 § 17, 1993].

10.04.160 Storage 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 council, a motor vehicle or personal property for a period in excess of seven days. It shall constitute prima facie evidence of storage of a motor vehicle if the same is not moved, by exercise of the vehicle’s own power, at least 300 linear feet (approximately one city block) for a period in excess of seven days. Vehicles stored in violation of this section that do not meet the definition of “discarded” under DMC 10.04.030 may, at the discretion of the city officer, be treated as discarded in accordance with DMC 8.16.085(A) and (B) and subject to the procedures under DMC 10.08.010 if not removed from public property. [Ord. 589-2024 § 2 (Exh. B); Ord. 554-2017; Ord. 311 § 18, 1993].

10.04.170 Obstructing streets.

No person shall park or leave on a street, including an alley, parking strip, sidewalk or curb, a vehicle part, trailer, box, ware, merchandise of any description or any other items that impede traffic or obstruct the view, except as is allowed by this chapter or other ordinances of the city. [Ord. 311 § 19, 1993].

10.04.180 Speed limits in public parks.

No person shall drive a vehicle on a street or surface in a public park of this city at a speed exceeding 15 miles per hour unless signs erected indicate otherwise. [Ord. 311 § 20, 1993].

10.04.190 Unnecessary noise.

No person shall operate a motor vehicle in the city in such manner as to create or cause excessive noise. The operation of compression brakes, commonly known as “Jacob” brakes, in a manner that creates unnecessary noise is prohibited. Causing unreasonable sound amplification from a vehicle where the sound amplification system causes it to be heard 50 or more feet from the vehicle shall constitute unnecessary noise when the vehicle is on the public roads or public areas in the city. [Ord. 311 § 21, 1993].

Article II. Parking Regulations

10.04.200 Method of parking.

A. No person shall stand or park a motor 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 12 inches of the edge of the curb, except where the street is marked or signed for angle parking.

B. Where parking spaces are designated on a street, no person shall stand or park a vehicle other than in the indicated direction and within a single marked space, unless the size or shape of the vehicle makes compliance impossible.

C. The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street has priority to park in the space, and no other vehicle operator shall attempt to interfere.

D. When the operator of a vehicle discovers that 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 police or fire officers. [Ord. 311 § 24, 1993].

10.04.210 Prohibited stopping, standing or parking.

No person shall stop, park or stand:

A. A vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign or marking, or adjacent to any curb or portion of a curb marked in yellow. Presence of a no parking sign or marking, or yellow-painted curb shall be prima facie evidence that the sign, marking, or paint has been lawfully placed pursuant to DMC 10.04.040.

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 20 consecutive minutes in any two-hour period.

C. A motor truck, as defined by ORS 801.355, on a street between the hours of 9:00 p.m. and 7:00 a.m. of the following day in front of or adjacent to a residence, motel, apartment house, hotel or other sleeping accommodation. [Ord. 525-2013 § 1, 2013; Ord. 311 § 25, 1993].

10.04.220 Prohibited parking.

No operator shall park and no owner shall allow a vehicle to be parked on a street for the principal purpose of:

A. Displaying the vehicle for sale.

B. Repairing or servicing the vehicle, except repairs necessitated by an emergency.

C. Displaying advertising from the vehicle.

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

No operator shall park and no owner shall allow a vehicle to be parked in specified or marked fire zones. [Ord. 311 § 26, 1993].

10.04.230 Use of loading zone.

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 persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. When the hours applicable to the loading zone are in effect, the loading and unloading shall not exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed five minutes for loading or unloading of passengers and personal baggage and 15 minutes for loading or unloading of materials. [Ord. 311 § 27, 1993].

10.04.240 Passenger loading zone.

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 a place designated as a passenger loading zone when the hours applicable to that zone are in effect. [Ord. 311 § 28, 1993].

10.04.250 Leaving unattended vehicle.

No operator or person in charge of a motor vehicle shall park it or allow it to be parked on a street, on other property open to public travel, or on a new or used car lot without first stopping the engine, locking the ignition, removing the ignition key from the vehicle and effectively setting the brake. If the vehicle is attended, the ignition key need not be removed. [Ord. 311 § 29, 1993].

10.04.260 Action by police officer.

Whenever a police officer shall find a motor vehicle parked unattended with the ignition key in the vehicle in violation of DMC 10.04.250, 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. [Ord. 311 § 30, 1993].

10.04.270 Standing or parking of buses and taxicabs.

The operator of a bus or taxicab shall not stop, stand or park the vehicle on a street in a business district other than at a bus stop or taxicab stand, respectively, except that this provision shall not prevent the operator of a taxicab from temporarily stopping the taxicab outside a traffic lane while loading or unloading passengers. [Ord. 311 § 31, 1993].

10.04.280 Restricted use of bus and taxicab stands.

No person shall stop, 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 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. 311 § 32, 1993].

10.04.290 Lights on a parked vehicle.

No lights need be displayed on a vehicle that is parked in accordance with this chapter on a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle. [Ord. 311 § 33, 1993].

10.04.300 Extension of parking time.

Where maximum parking time limits are designated by signage, movement of a vehicle within a block shall not extend the time limits for parking. [Ord. 311 § 34, 1993].

10.04.310 Exemption.

The provisions of this chapter that regulate the parking, stopping or standing of vehicles do not apply to:

A. A vehicle of the city, county, state or public utility while necessarily in use for construction or repair work on a street.

B. A vehicle owned by the United States while in use for the collection, transportation or delivery of mail.

C. A vehicle of a disabled person who complies with the provisions of ORS 811.610 through 811.630. [Ord. 311 § 35, 1993].

Article III. Bicycles

10.04.320 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.

B. Not ride a bicycle on a sidewalk within the area bounded by the city limits. [Ord. 311 § 39, 1993].

10.04.330 Impounding of bicycles.

A. No person shall leave a bicycle on private property without the consent of the owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited.

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 section that obstructs or impedes the free flow of pedestrian or vehicular traffic or otherwise endangers the public may be immediately impounded by the police department.

D. If the owner of a bicycle impounded under this chapter can be readily determined, 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 that remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property.

F. Except as provided in subsection (D) of this section, a fee, as set by council resolution, shall be charged to the owner of a bicycle impounded under this section. [Ord. 311 § 40, 1993].

10.04.340 Effect of regulations.

No parent of any minor child and no guardian of any minor ward shall authorize or knowingly permit any such minor child or ward to violate any of the provisions of this chapter. [Ord. 311 § 41, 1993].

Article IV. Pedestrians

10.04.350 Use of sidewalks.

A pedestrian shall not use a roadway for travel when a sidewalk is available. [Ord. 311 § 46, 1993].

10.04.360 Pedestrians must use crosswalks.

No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk. [Ord. 311 § 47, 1993].

10.04.370 Right angles.

No pedestrian shall cross a street other than by a route at right angles to the curb or by the shortest route to the opposite curb, unless crossing within a crosswalk. [Ord. 311 § 48, 1993].

10.04.380 Obedience to traffic lights and bridge and railroad signals.

A. At an intersection where a pedestrian control light is in operation, no pedestrian shall start to cross the street except when the walk signal is illuminated. Where only vehicle control lights are in operation, no pedestrian shall start to cross the street except when the green light is illuminated.

B. No pedestrian shall enter or remain upon a railroad grade crossing, an openable bridge or the approach thereto beyond a crossing gate or barrier after an operation signal indication has been given.

C. No pedestrian shall pass through, around, over or under a crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed. [Ord. 311 § 49, 1993].

Article V. Parades and Processions

10.04.390 Prohibited activity.

No person shall organize or participate in a parade which may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people utilizing the public right-of-way and consisting of 15 or more persons or five or more vehicles. [Ord. 311 § 52, 1993].

10.04.400 Parade permit.

A. Application for parade permits shall be made to the chief of police at least 14 days prior to the intended date of the parade, unless the time is waived by the chief of police.

B. Applications shall include the following information:

1. The name and address of the person responsible for the proposed parade.

2. The date of the proposed parade.

3. The desired route, including assembling points.

4. The number of persons, vehicles and animals that will be participating in the parade.

5. The proposed starting and ending time.

C. The application shall be signed by the person designated as chairperson.

D. The chief of police shall issue a parade permit conditioned on the applicant’s written agreement to comply with the terms of the permit unless the chief of police finds that:

1. The time, route and size of the parade will unreasonably disrupt the movement of other traffic.

2. The parade is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and contiguous areas that allowing the parade would deny reasonable police protection to the city.

3. The parade will interfere with another parade for which a permit has already been issued.

4. Information contained in the application is found to be false or a material detail is omitted.

5. The applicant refuses to agree to abide by or comply with all conditions of the permit.

E. If one or more of the conditions listed in subsection (D) of this section, other than subsection (D)(5) of this section, exists, the chief of police may impose reasonable conditions in the permit, including but not limited to:

1. Requiring an alternate date.

2. Requiring an alternate route.

3. Restricting the size of the parade.

F. The chief of police shall notify the applicant of the decision within five days after receipt of the application.

G. If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the council. [Ord. 311 § 53, 1993].

10.04.410 Appeal to council.

A. An applicant may appeal the decision of the chief of police by filing a written request of appeal with the recorder within 48 hours after the chief of police has proposed alternatives or refused to issue a permit.

B. The council shall schedule a hearing date, which shall not be later than three days following the filing of the written appeal with the recorder, and shall notify the applicant of the date and time that he or she may appear either in person or by a representative. [Ord. 311 § 54, 1993].

10.04.420 Offenses against parade.

A. No person shall unreasonably interfere with a parade or parade participant.

B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. [Ord. 311 § 55, 1993].

10.04.430 Permit revocable.

The chief of police may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. [Ord. 311 § 56, 1993].

10.04.440 Funeral procession.

A. No permit is required for a funeral procession.

B. A funeral procession shall proceed to the place of interment by the most direct route that is both legal and practical.

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

D. Funeral lead vehicles, as well as funeral escort vehicles, must be equipped with, and use, at least one fire department warning light while driving in a funeral procession. All motor vehicles in the funeral procession shall be operated with their lights on.

E. Each driver in the procession shall follow the vehicle ahead as closely as is practical and safe. [Ord. 311 § 57, 1993].

10.04.450 Offenses against funeral.

A. No person shall operate a vehicle that is not part of a funeral procession between the vehicles comprising the procession.

B. No person shall unreasonably interfere with a funeral procession. [Ord. 311 § 58, 1993].

Article VI. Parking Citations and Owner Responsibility

10.04.460 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 traffic citation for the operator to answer to the charge against him or pay the penalty imposed within five days during the hours and at a place specified in the citation. [Ord. 311 § 61, 1993].

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

If the operator does not respond to a parking citation affixed to a vehicle, the municipal court may send a letter to the owner of the vehicle informing the owner of the violation and giving notice that if the citation is disregarded for a period of 10 days:

A. The vehicle is subject to impoundment and may be sold if not redeemed; and

B. A penalty of $15.00 in addition to the original penalty will be assessed. [Ord. 311 § 62, 1993].

10.04.480 Cancellation of parking citation.

No person shall cancel or solicit the cancellation of a parking citation in any manner, except when approved by the municipal court judge. [Ord. 311 § 63, 1993].

10.04.490 Owner responsibility.

The owner of a vehicle in violation of a parking restriction shall be responsible for the offense, unless the use of the vehicle was secured by the operator without the owner’s consent. [Ord. 311 § 64, 1993].

10.04.500 Registered owner presumption.

In a proceeding against a vehicle owner charging a violation of a restriction on parking, proof that the vehicle was registered to the defendant at the time of the violation shall constitute a presumption the defendant was the owner. [Ord. 311 § 65, 1993].

Article VII. Impoundment and Penalties

10.04.510 Impoundment of vehicles.¹

A. When 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 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, even if the vehicle was parked by another or if the vehicle was initially parked in a safe manner but subsequently became an obstruction or hazard.

B. The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the procedures of the city 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.

E. Whenever a police officer observes a vehicle parked in violation of a provision of this chapter or state law, if the vehicle has five or more unpaid violations outstanding against it, the officer may, in addition to issuing a citation, cause the vehicle to be impounded.

F. An impounded vehicle shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this section shall be disposed of in the same manner as provided in subsection (B) of this section.

G. If the property is a motor vehicle, after having acquired all available information, the police department shall immediately transmit the same to the Secretary of State of the State of Oregon with an inquiry for the name and address of the owner, conditional vendor, mortgagee or other person interested.

If the owner, conditional vendor, mortgagee or other person interested is found and identified, he shall be immediately notified by registered mail that the personal property is held by the police department of the city of Dundee, and will be sold at public auction at the City Hall grounds or other alternate location as described by the city of Dundee on a specified day at 10:00 a.m. of such date, to the highest and best bidder for cash, which sale shall not be held until 10 days have elapsed from the receipt by the owner of the registered notice.

H. If the owner, conditional vendor, mortgagee or other person interested cannot be found after due and diligent search as herein set out, then the chief of police shall cause to be published two times in Yamhill County, Oregon, a notice including the foregoing information. The first publication of such sale shall be made more than 10 days before such proposed sale.

I. If the owner, conditional vendor, mortgagee or other person shall apply to the chief of police, before a sale shall have taken place, for the return of said motor vehicle or personal property, and shall submit to the chief of police satisfactory evidence of his interest therein and shall tender with said application said cost of the seizing, keeping and making sale of said motor vehicle or personal property, the chief of police, upon being satisfied that the claim is rightful, shall surrender the same to claimant.

J. If no claim shall have been made before the time set out for the sale of said motor vehicle or personal property, the chief of police shall, on the City Hall grounds or other alternate location as described by the city of Dundee, at the time appointed and within view of the motor vehicle or personal property to be sold, offer for sale and shall sell said vehicle or personal property to the highest and best bidder for cash and in default of the bids from others for a greater sum shall bid the same in for the city of Dundee as the amount for its costs incurred in the seizing, keeping and offering for sale of the same.

K. Upon said sale being consummated, the chief of police shall make, execute and deliver, upon, in behalf of, and in the name of the city of Dundee, a bill of sale signed by himself as chief of police of said city conveying said vehicle or personal property to the purchaser and coincidentally therewith shall deliver possession of such motor vehicle or personal property to the purchaser. [Ord. 311 § 68, 1993].

10.04.520 Penalties.

A. Violation of DMC 10.04.100 through 10.04.190 is punishable by a fine not to exceed $100.00.

B. Violation of DMC 10.04.200 through 10.04.450 is punishable by a 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. 311 § 69, 1993].

10.04.530 Severability.

The sections and subsections of this chapter are severable. The invalidity of one section or subsection shall not affect the remaining sections and subsections. [Ord. 311 § 70, 1993].

10.04.540 Existing control devices and markings.

Parking and traffic control devices and markings installed prior to the adoption of the ordinance codified in this chapter are lawfully authorized. [Ord. 311 § 71, 1993].

For additional provisions regarding vehicle impoundment, see Chapter 10.08 DMC.