Chapter 10.20 TRAFFIC REGULATIONS

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. 2011-03 § 22; Ord. 6-1 § 22, 1969].

10.20.030 Pedestrians must use crosswalks.

In blocks with marked crosswalks no pedestrian shall cross a street other than within a crosswalk. [Ord. 2011-03 § 23; Ord. 6-1 § 23, 1969].

10.20.040 Permits required for parades.

No procession or parade, except a funeral procession or military parade, shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and approved by the mayor. Such a 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 breach of the peace, unreasonably interfere with the peace and quiet of the inhabitants of the city or cause damage to or unreasonably interfere with the public use of the streets. [Ord. 2011-03 § 24; Ord. 6-1 § 24, 1969].

10.20.050 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. 2011-03 § 25].

10.20.060 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. 2011-03 § 26].

10.20.070 Procession – Driving through.

No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic signals or when so directed by a police officer. This provision shall not apply to authorized emergency vehicles. [Ord. 2011-03 § 27].

10.20.080 Drinking in motor vehicles.

It shall be unlawful for any person to consume alcoholic liquor while an occupant of a motor vehicle on any street or public property in this city. [Ord. 2011-03 § 28].

10.20.090 Operating a motor vehicle while using a mobile communication device.

No person shall operate a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle on a highway or public street, uses a mobile communication device.

A. This section does not apply to public safety or emergency service providers while operating emergency vehicles; persons over 18 years of age or older who are using hands-free accessory; in the scope of one’s employment as a public safety officer, in the scope of one’s employment while operating a vehicle that is necessary for the job; for a person summoning aid in an emergency; or to a person using a function of a mobile phone device that allows for one-way voice communication while the person is operating a motor vehicle in the scope of one’s employment; proving transit services to persons with disabilities or to senior citizens; or participating in public safety or emergency service activities. [Ord. 2011-03 § 29].

10.20.100 U-turns.

A. No person operating a motor vehicle shall make a U-turn between intersections, or at intersections where, by authority of the council, “No U-Turn” signs have been posted.

B. No person shall back a vehicle into an intersection or an alley for the purpose of making a U-turn at those places where U-turns are prohibited. [Ord. 2011-03 § 30; Ord. 6-1 § 28, 1969].

10.20.110 Vehicle definition.

“Vehicle” means any device in, upon, or by which a person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled by any means. [Ord. 2011-03 § 31; Ord. 2004-13 § 2].

10.20.120 Procedure.

A citation to appear in Eagle Point municipal court for violation of this chapter may be issued to the alleged violator stating the date, time and place to appear, and the date and place of the alleged offense. [Ord. 2011-03 § 32; Ord. 2004-13 § 3].

10.20.130 Penalty.

The penalty for violation of any provisions of this chapter shall constitute a Class D traffic infraction traffic violation with the minimum bail amount of $142.00, plus all applicable fees and assessments. [Ord. 2011-03 § 33; Ord. 2004-13 § 4].

10.20.140 Vehicles in motion – Right-of-way.

A vehicle which has stopped or parked at the curb shall yield to moving traffic. [Ord. 2011-03 § 34; Ord. 6-1 § 29, 1969].

10.20.150 Limitations on backing.

The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic and shall in every case yield the right-of-way to moving traffic and pedestrians. [Ord. 2011-03 § 35; Ord. 6-1 § 30, 1969].

10.20.160 Emerging from vehicle.

No person shall open the door of, or enter or emerge from any vehicle in the path of any approaching vehicle. [Ord. 2011-03 § 36; Ord. 6-1 § 31, 1969].

10.20.170 Boarding or alighting from vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion. [Ord. 2011-03 § 37; Ord. 6-1 § 32, 1969].

10.20.180 Riding on motorcycles.

Repealed by Ord. 2016-07. [Ord. 2011-03 § 38; Ord. 6-1 § 33, 1969].

10.20.190 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. 2011-03 § 39; Ord. 6-1 § 34, 1969].

10.20.200 Clinging to 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. 2011-03 § 40; Ord. 6-1 § 35, 1969].

10.20.210 Use of roller skates or roller blades restricted.

Repealed by Ord. 2016-07. [Ord. 2011-03 § 41; Ord. 6-1 § 36, 1969].

10.20.220 Skis on streets.

No person shall use the streets for traveling on skis, toboggans, sleds, or similar devices except upon play streets. [Ord. 2011-03 § 42; Ord. 6-1 § 37, 1969].

10.20.230 Damaging sidewalks and curbs.

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

B. No person shall place any dirt, wood, or other material in the gutter or space next to the curb of any street with the intention of using the same as a driveway.

C. No person shall remove or damage in any way any portion of any curb or move any heavy vehicle or thing over or upon a curb or sidewalk without first notifying the city engineer. Any person who violates the provisions of this section shall be held responsible for any and all damage in addition to any penalties imposed upon conviction. [Ord. 2011-03 § 43; Ord. 6-1 § 38, 1969].

10.20.240 Obstructing streets.

No person shall park or leave upon any street including an alley, parking strip, sidewalk, or deposit or leave upon any curb, street, alley or other public way, any vehicle or any vehicle part, trailer, box, ware, merchandise of any description, or any other thing that in any way impedes, interrupts, or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver’s view, of traffic or official traffic signs and signals, except as is allowed by this or other ordinances of this city. [Ord. 2011-03 § 44; Ord. 6-1 § 39, 1969].

10.20.250 Removing glass and debris.

Any party to a collision or other vehicular accident or any person causing broken glass or other debris to be upon any street shall immediately remove or cause to be removed from such street all glass and other material or foreign substances. [Ord. 2011-03 § 45; Ord. 6-1 § 40, 1969].

10.20.260 Repairing and dismantling vehicles.

A. No person shall repair, dismantle, attempt to repair or dismantle or grease a motor vehicle, or any part thereof, upon a street or in an alley or public place within the city of Eagle Point. The provisions of this section relative to repair shall not apply to minor emergency repairs.

B. No person shall dismantle a motor vehicle or store a dismantled motor vehicle, or any parts thereof, in an unsightly condition on any property within the city of Eagle Point if such motor vehicle or parts thereof are within the public view. [Ord. 2011-03 § 46; Ord. 6-1 § 41, 1969].

10.20.270 Bicycles – Effect of regulations.

A. 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 title.

B. Provisions of this title relating to bicycles shall apply whenever a bicycle is operated upon any street or public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.

The Oregon Laws regarding bicycles and motor-assisted scooters is incorporated herein as Exhibit A. [Ord. 2011-03 § 47].

10.20.280 Limit on weight.

No vehicle having single axle weight in excess of 13,000 pounds or having a dual axle weight in excess of 27,000 pounds shall be permitted upon any of the streets or highways, except Royal Avenue, Shasta Avenue, Loto Street, Linn Road, Stevens Road, and Main Street, within the city of Eagle Point. Signs giving notice of this restriction shall be posted as required by ORS 818.010. Penalties for violation of this section, plus applicable fees and assessments shall be as follows:

A. First offense: $75.00.

B. Each subsequent offense: $150.00. [Ord. 2011-03 § 48; Ord. 2004-01 § 1].

10.20.290 Impounding of vehicle.

In the event any vehicle is found standing or parked in violation of any city regulation, such vehicle shall be given a traffic citation and may be removed by any police officer and taken to a garage, parking lot, or other suitable place and there kept until an application for its redemption is made by the owner or his authorized agent. [Ord. 2011-03 § 49; Ord. 6-1 § 55, 1969].

10.20.300 Redemption.

Redemption may be made upon payment of towing and storage charges, and administrative fee, which amount shall be in addition to any fine imposed, and any applicable fees and assessments in accordance with the provisions of this title. [Ord. 2011-03 § 50; Ord. 6-1 § 56, 1969].

10.20.310 Sale.

If the vehicle shall not be redeemed within 30 days after the vehicle is impounded, then it shall be disposed of in accordance with the procedure provided by law for the disposal of abandoned vehicles. [Ord. 2011-03 § 51; Ord. 6-1 § 57, 1969].

10.20.320 Exceptions – Emergency vehicle.

The provisions of this title regulating the operation, parking, and standing of vehicles shall apply to authorized emergency vehicles except as provided by the motor vehicle laws of Oregon and as follows:

A. A driver when operating such vehicle in an emergency, except when otherwise directed by a police officer or other authorized persons, may park or stand notwithstanding the provisions of this title.

B. A driver of a police vehicle, fire department vehicle, or patrol vehicle when operating such vehicle in an emergency may disregard regulations governing turning in specified directions as long as he does not endanger life or property.

C. The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his negligent acts. [Ord. 2011-03 § 52; Ord. 6-1 § 58, 1969].

10.20.330 Dust and trackout regulations.

A. “Trackout” means the deposition of mud, dirt and other debris on public or private lands onto paved public roads without taking reasonable precautions to prevent such matter from becoming airborne or creating a public nuisance or health hazard. These precautions shall include prompt removal of all such materials from public streets. The city may require the imposition of building permit conditions for the prevention of trackout. Conditions imposed may include, but not be limited to:

1. The posting of a bond sufficient to assure available funds for road surface cleanup by the city if the contractor or permittee is negligent in the cleanup of adjacent public roadways;

2. Street sweeping, vacuuming or other means of removing trackout materials from public roadways;

3. Installation of wheel washers at exits of major construction sites;

4. Use of temporary or permanent barricades to keep traffic off unpaved areas;

5. Require graveling of access roads on site;

6. Limit the use of public roadways by construction vehicles;

7. Issue stop work order if trackout occurs and is not promptly corrected.

B. Violation of the provisions of this section shall constitute a Class B traffic infraction or a violation of the Eagle Point Municipal Code. [Ord. 2001-1 §§ 1, 3; Ord. 5-22 §§ 1 – 3, 1996].

Exhibit A Oregon laws regarding bicycles and motor-assisted scooters.

Any person found in violation of the ordinance codified in this section shall be fined as defined and subject to any applicable fees and assessments.

ORS 814.400 Bicycle Regulation Generally.

The regulations in this chapter and ORS chapter 814 applicable to bicycles and vehicles with less than four wheels, shall apply whenever a bicycle is operated upon any public way.

814.410 Unsafe operation of bicycle on sidewalk; penalty.

(1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following:

(a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

(b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

(c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property.

(d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic.

(e) Operates an electric assisted bicycle on a sidewalk.

(2) Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

(3) The offense described in this section, unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation.

814.420 Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.

(3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.

(b) Preparing to execute a left turn at an intersection or into a private road or driveway.

(d) Preparing to execute a right turn where a right turn is authorized.

(e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.

(4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation.

814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway.

(2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances:

(a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction.

(b) When preparing to execute a left turn.

(c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.

(d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway.

(e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic.

(f) When operating on a bicycle lane or bicycle path.

(3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation.

814.440 Failure to signal turn; exceptions; penalty.

(1) A person commits the offense of failure to signal for a bicycle turn if the person does any of the following:

(a) Stops a bicycle the person is operating without giving the appropriate hand and arm signal continuously for at least 100 feet before executing the stop.

(b) Executes a turn on a bicycle the person is operating without giving the appropriate hand and arm signal for the turn for at least 100 feet before executing the turn.

(c) Executes a turn on a bicycle the person is operating after having been stopped without giving, while stopped, the appropriate hand and arm signal for the turn.

(2) A person is not in violation of the offense under this section if the person is operating a bicycle and does not give the appropriate signal continuously for a stop or turn because circumstances require that both hands be used to safely control or operate the bicycle.

(3) The appropriate hand and arm signals for indicating turns and stops under this section are those provided for other vehicles under ORS 811.395 and 811.400.

(4) The offense described under this section, failure to signal for a bicycle turn, is a Class D traffic violation.

814.450 Unlawful load on bicycle; penalty.

(1) A person commits the offense of having an unlawful load on a bicycle if the person is operating a bicycle and the person carries a package, bundle or article which prevents the person from keeping at least one hand upon the handlebar and having full control at all times.

(2) The offense described in this section, unlawful load on a bicycle, is a Class D traffic violation.

814.460 Unlawful passengers on bicycle; penalty.

(1) A person commits the offense of unlawful passengers on a bicycle if the person operates a bicycle and carries more persons on the bicycle than the number for which it is designed or safely equipped.

(2) The offense described in this section, unlawful passengers on a bicycle, is a Class D traffic violation.

814.470 Failure to use bicycle seat; penalty.

(1) A person commits the offense of failure to use a bicycle seat if the person is operating a bicycle and the person rides other than upon or astride a permanent and regular seat attached to the bicycle.

(2) A person operating an electric personal assistive mobility device is not subject to this section.

(3) The offense described in this section, failure to use bicycle seat, is a Class D traffic violation.

814.480 Non-motorized vehicle clinging to another vehicle; penalty.

(1) A person commits the offense of non-motorized vehicle clinging to another vehicle if the person is riding upon or operating a bicycle, coaster, roller skates, sled or toy vehicle and the person clings to another vehicle upon a roadway or attaches that which the person is riding or operating to any other vehicle upon a roadway.

(2) The offense described in this section, non-motorized vehicle clinging to another vehicle, is a Class D traffic violation.

814.484 Meaning of “bicycle” and “operating or riding on a highway.”

(1) For purposes of ORS 814.485, 814.486, 815.052 and 815.281, “bicycle” has the meaning given in ORS 801.150 except that:

(a) It also includes vehicles that meet the criteria specified in ORS 801.150 (1) to (4) but that have wheels less than 14 inches in diameter.

(b) It does not include tricycles designed to be ridden by children.

814.485 Failure to wear protective headgear; penalty.

(1) A person commits the offense of failure of a bicycle operator or rider to wear protective headgear if the person is under 16 years of age, operates or rides on a bicycle on a highway or on premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.

(2) Exemptions from this section are as provided in ORS 814.487.

(3) The offense described in this section, failure of a bicycle operator or rider to wear protective headgear, is a traffic violation punishable by a maximum fine of $25.

814.486 Endangering bicycle operator or passenger; penalty.

(1) A person commits the offense of endangering a bicycle operator or passenger if:

(a) The person is operating a bicycle on a highway or on premises open to the public and the person carries another person on the bicycle who is under 16 years of age and is not wearing protective headgear of a type approved under ORS 815.052; or

(b) The person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 16 years of age and the child operates or rides on a bicycle on a highway or on premises open to the public without wearing protective headgear of a type approved under ORS 815.052.

(2) Exemptions from this section are as provided in ORS 814.487.

(3) The offense described in this section, endangering a bicycle operator or passenger, is a traffic violation punishable by a maximum fine of $25.

MOTOR ASSISTED SCOOTERS

814.510 Application of vehicle laws to motor assisted scooters.

An operator of a motor assisted scooter upon a public way is subject to the provisions applicable to, and has the same rights and duties as the operator of, any other vehicle operating on highways except:

(1) Those provisions that by their very nature can have no application.

(2) When otherwise specifically provided under the vehicle code.

814.512 Unlawful operation of motor assisted scooter; penalty.

(1) A person operating a motor assisted scooter commits the offense of unlawful operation of a motor assisted scooter if:

(a) The person is under 16 years of age; or

(b) The person operates a motor assisted scooter at a rate of speed exceeding 15 miles per hour.

(2) The offense described in this section, unlawful operation of a motor assisted scooter, is a Class D traffic violation.

814.514 Failure of operator of motor assisted scooter to use bicycle lane or path; exception; penalty.

(1) Except as provided in subsection (2) of this section, a person commits the offense of failure of a motor assisted scooter operator to use a bicycle lane or bicycle path if the person operates a motor assisted scooter on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

(2) A person is not subject to this section if the operation of a motor assisted scooter on a bicycle lane or bicycle path is prohibited by local ordinance.

(3) The offense described in this section, failure of a motor assisted scooter operator to use a bicycle lane or bicycle path, is a Class D traffic violation.

814.518 Improper operation of motor assisted scooter on highway; exceptions; penalty.

(1) A person commits the offense of improper operation of a motor assisted scooter on a highway if the person is operating a motor assisted scooter on a highway with a designated speed limit greater than 25 miles per hour.

(2) This section does not apply if:

(a) The person is operating a motor assisted scooter on a highway with a designated speed limit greater than 25 miles per hour and the person is operating the motor assisted scooter on a bicycle lane; or

(b) The person is operating a motor assisted scooter while crossing a highway with a designated speed limit greater than 25 miles per hour.

(3) The offense described in this section, improper operation of a motor assisted scooter on a highway, is a Class D traffic violation.

814.524 Unsafe operation of motor assisted scooter on sidewalk; penalty.

(1) A person commits the offense of unsafe operation of a motor assisted scooter on a sidewalk if the person operates a motor assisted scooter on a sidewalk, except to enter or leave adjacent property, or the person operates a motor assisted scooter on a sidewalk to enter or leave adjacent property and the person:

(a) Operates the motor assisted scooter so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

(b) Does not give an audible warning before overtaking and passing a pedestrian or does not yield the right of way to all pedestrians on the sidewalk.

(c) Operates the motor assisted scooter in a careless manner that endangers or would be likely to endanger any person or property.

(d) Operates the motor assisted scooter at a speed greater than an ordinary walk when approaching a crosswalk, approaching or entering a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp.

(2) The offense described in this section, unsafe operation of a motor assisted scooter on a sidewalk, is a Class D traffic violation.

PROTECTIVE HEADGEAR REQUIRED – SKATEBOARDER, IN-LINE SKATER

814.600 Failure of skateboarder, scooter rider or in-line skater to wear protective headgear; penalty.

(1) A person commits the offense of failure of a skateboarder, scooter rider or in-line skater to wear protective headgear if the person is under 16 years of age, rides on a skateboard or scooter or uses in-line skates on a highway or on premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.

(2) The offense described in this section, failure of a skateboarder, scooter rider or in-line skater to wear protective headgear, is a traffic violation punishable by a maximum fine of $25.

[Ord. 2011-03 Exh. A].