Chapter 10.05 UNIFORM TRAFFIC ORDINANCE

To the extent required or permitted, the city of Fairview, unless otherwise stated herein or unless otherwise set forth in city ordinance as authorized or allowed by pertinent state statute, does here adopt and incorporate herein by reference all pertinent and applicable provisions of the State Traffic Acts as set forth, particularly ORS Chapter 153 and ORS Chapter 811 of the Oregon Vehicle Code. (Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 2)

10.05.030 Definitions.

In addition to those definitions contained in the Oregon Vehicle Code, the following words or phrases, except where the context clearly indicates a different meaning, shall mean:

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, President’s Day, Memorial 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 roadway 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, fork-lift 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. “Passenger vehicle” means a vehicle (1) designed for the main purpose of transporting passengers, (2) with a registered weight of 10,000 pounds or less, (3) designed to transport no more than eight persons, (4) not required by Oregon law to register as any other type of vehicle, and (5) meets federal standards for highway use.

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

G. Street. The terms “highway,” “road,” and “street” shall be considered synonymous, unless the context precludes such construction, and shall mean any public way, road, highway, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this city, open, used or intended for the use of the general public for vehicles or vehicular traffic. “Street” includes alleys.

H. “Traffic lane” means that area of the roadway used for the movement of a single line of traffic.

I. “Trailer” includes the definition for “trailer” under the Oregon Motor Vehicle Code and for the purposes of this chapter includes a large truck with a long trailer attached to the back of it also referred to as semi-trailers, semi-tractors, and tractor-trailer combinations.

J. “Vehicle,” as used in subsequent sections of this chapter, includes bicycles. (Ord. 3-2018 § 1 (Exh. A); Ord. 11-2015 § 1 (Exh. A); Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 3)

10.05.040 Powers of the council.

A. Subject to state law, the city council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated by this 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 and time limit restricted parking areas.

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 law.

7. Initiation of proceedings to change speed zones.

8. Revision of speed limits in parks.

9. Temporary blocking or closing of streets for public purpose.

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 prohibition applies.

c. Parking areas and time limitations, including the permissible parking (e.g., parallel or diagonal).

d. Loading zones and stops for vehicles.

e. Traffic control signals. (Ord. 4-2018 § 1 (Exh. A); Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 4)

10.05.050 Implementation of regulations.

The city manager or his or her designee shall implement the ordinances, resolutions and motions of the council by installing, maintaining, removing, and altering parking controls and traffic control devices, including signage. The installation shall be based on consideration of, but not limited to, the standards contained in the “Oregon Manual on Uniform Traffic Control Devices for Streets and Highways.” (Ord. 8-2021 § 1; Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 5)

10.05.060 Public danger.

Under conditions constituting a danger to the public, the city manager or his or her designee may install temporary traffic control devices. (Ord. 8-2021 § 1; Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 6)

10.05.070 Standards.

The regulations of the city manager or his or her 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.

D. Consideration of adopted land use and transportation policies and parking transportation needs of existing and future land uses. (Ord. 8-2021 § 1; Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 7)

10.05.080 Enforcement authority.

A. It shall be the duty of city police officers so designated by the city council or individuals so designated by the city manager 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. In each instance in this chapter where reference is made to a fire officer and/or a fire department or the city fire department, such term shall designate and apply to the fire district servicing the city of Fairview or its designated agents. (Ord. 3-2024 § 2 (Exh. A); Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 8)

10.05.090 Obedience to and alteration of control devices.

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

B. No unauthorized person shall install, move, remove, obstruct, alter the position of, deface or tamper with a traffic control device or a marking, sign, or device that regulates parking, stopping, or standing. (Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 9)

10.05.100 Interfering with police officer.

A. It is unlawful for any person to refuse to leave the area of a traffic accident or traffic investigation after being directed to leave that area by an individual whom the person knows to be a police officer.

B. “To leave the area of a traffic incident or traffic investigation” means to physically move to a location not less than 10 feet extending in a radius from where a police officer is engaged in a traffic incident or traffic investigation, including, but not limited to, effecting an arrest for a traffic crime. The radius may be extended beyond 10 feet when a police officer reasonably believes that such extension is necessary because there exists a substantial risk of physical injury to any person. (Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 10)

10.05.110 General traffic regulations.

A. Crossing Private Property. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property or premises open to the public. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services.

B. Unlawful Riding.

1. No operator shall permit a passenger to, and no passenger shall, ride on a vehicle upon a street except on a portion of the vehicle 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 riding within a truck body in space intended for merchandise.

2. No person shall board or alight from a vehicle while the vehicle is in motion upon a street.

C. Roller Skates, Sleds, Etc.

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

2. No person shall use the streets for traveling on skis, toboggans, sleds, or similar devices, except where authorized.

D. Damaging Sidewalks and Curbs.

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

2. 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.

3. No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon the curb or sidewalk without first obtaining authorization and posting bond if required. A person who causes damage shall be held responsible for the cost of repair.

E. 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 and other debris from the street.

F. Storage of Motor Vehicles on Streets. No person shall store or permit to be stored on a street, public right-of-way, public parking lot or other public property, without the permission of the council, a motor vehicle, recreational vehicle, or any type of trailer or personal property for a period of 72 hours. Failure to move a motor vehicle or other personal property for a period of 72 hours shall constitute prima facie evidence of storage of a motor vehicle.

G. 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 thing that impedes traffic or obstructs the view, except as is allowed by this chapter or other ordinances of the city.

H. Twenty Miles Per Hour Speed Limit in the Village. No person shall operate a motor vehicle in the Fairview Village at more than 20 miles per hour. For the purposes of this section, “Fairview Village” is bordered by the following streets: NE Halsey, NE Fairview Ave., NE Glisan and Fairview Parkway and includes the following streets: NE Market Dr., NE Park Lane, NE Village, NE Clear Creek Way, NE Multnomah Dr., NE Chinook Way and NE Pacific Dr. Violation of this section is a speeding violation and punishable under the provisions of ORS 811.109 et seq.

I. Twenty Miles Per Hour Speed Limit in Historic Fairview. No person shall operate a motor vehicle in Historic Fairview at more than 20 miles per hour. For the purpose of this section “Historic Fairview” is bordered by the following streets: NE Halsey Street, Depot Street, Fairview Parkway (NE 207th Avenue), and Fairview Avenue (NE 223rd Avenue) and includes the following streets: NE 213th Avenue, NE Weidler Place, NE Hancock Street, NE Weidler Circle, Cedar Street, Wistful Vista Drive, San Rafael Street, NE 214th Avenue, Main Street, Depot Street, Harrison Street, Lincoln Street, 5th Court, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, 7th Street. (Ord. 10-2017 § 1 (Exh. A); Ord. 9-2015 § 1 (Exh. A); Ord. 9-2011 § 1 (Att. 1); Ord. 5-2008; Ord. 9-2002 § 1; Ord. 11-1986 § 11)

10.05.115 Speed racing.

A. For purposes of this section, the following definitions apply unless the context requires a different meaning:

“Speed racing” is defined as set forth in ORS 811.125.

B. It is unlawful for any person to participate in speed racing upon any street or any premises open to the public, within the city limits of Fairview.

C. Any vehicle utilized within the city limits of Fairview in violation of this section may be towed without notice. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1)

10.05.120 Parking regulations.

A. Curb Markings and Signage.

1. When authorized under this title, no person shall stop, stand or park a vehicle adjacent to any curb markings or sign in violation of any of the provisions of this title. Curb marking shall have the following meaning:

a. Red means no stopping, standing, or parking at any time.

b. Yellow means no stopping, standing, or parking for a specified period of time (limited duration).

c. Blue means an area designated for the parking of vehicles with special license plates or other official designation issued to physically handicapped persons.

2. Measuring Curb Distances.

a. When an intersection is curved, measuring distance for prohibited parking will begin at the tangent of the curb.

b. When the curb is straight, measuring distance for prohibited parking will begin at the high point of curb cut out.

B. Method of Parking.

1. 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.

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

3. 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.

C. Prohibited Parking or Standing. No person shall park or stand:

1. A vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign or marking.

2. 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.

3. A vehicle over, upon, or in such a manner as to prevent access to any water meter, gate valve, or other appliance in use on any water meter connection or appurtenances to any other city-owned utilities, located on public property, the public right-of-way, or private property.

4. A vehicle in such a manner as to prevent a mail carrier from delivering or accessing any mailbox, public or private.

5. A vehicle while such vehicle is equipped with a vehicle alarm unless such system is designed to, and does in fact, cease emitting an intermittent or constant sound after an aggregate time of three minutes within a 15-minute period on any street or any premises open to the public, within the city limits of Fairview.

6. A vehicle in the Fairview City Hall parking lot (Parcel 1N3E33AB Tax Lots 05500 and 02200) unless the occupant(s) are visiting City Hall or have obtained permission from the city manager or designee to park in the designated City Hall parking spaces. The restrictions apply at all times except for weekends and officially recognized holidays when City Hall is closed.

7. No parking on the north side of Sandy Boulevard from Fairview Parkway to Blossom Hill Drive.

8. No parking on the north side of Sandy Boulevard within 100 feet east of Blossom Hill Drive.

9. Passenger vehicle parking only on the north side of Sandy Boulevard from 100 feet east of Blossom Hill Drive for 518 feet.

10. No parking on the north side of Sandy Boulevard within 100 feet west of Arbor Crest Drive.

11. No parking on the north side of Sandy Boulevard within 100 feet east of Arbor Crest Drive.

12. Passenger vehicle parking only on the north side of Sandy Boulevard from 100 feet east of Arbor Crest Drive for 570 feet.

13. No parking on the north side of Sandy Boulevard from 670 feet east of Arbor Crest Drive to NE 223rd.

14. No parking within 15 feet of the alley next to the Fairview City Hall that intersects with NE Park Lane.

15. Community center parking only in the marked spaces on 3rd Street between Harrison and Lincoln.

16. Any motor vehicle or trailer other than a passenger vehicle 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.

17. Any motor vehicle parked in a required front yard setback in any residential district. Private driveways, or other graveled or paved parking areas meeting all applicable city requirements, are exempt from this requirement.

18. No trailer parking on any street within the area bounded by NE Halsey Street, NE Fairview Parkway, NE 223rd Avenue, and NE Glisan Street except during loading and unloading.

19. No parking on the south side of Sandy Boulevard from Fairview Parkway to 223rd Avenue.

20. No parking on the east side of NE Village St., between NE Market Drive and NE Halsey Street.

D. Prohibited Parking. No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of:

1. Displaying the vehicle for sale.

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

3. Displaying advertising from the vehicle.

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

E. Use of a 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. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed 15 minutes.

1. Loading and unloading only in the second marked space, on the west side of NE Village Street, south of the intersection with NE Market Drive, marked “Loading Zone between the hours of 8am and 11am, Monday through Saturday.”

F. Unattended Vehicle. Whenever a police officer shall find a motor vehicle parked or standing unattended with the ignition key in the vehicle, the officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station (City Hall).

G. Standing or Parking of Buses and Taxicabs. The operator of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than 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.

H. Restricted Use of Bus and Taxicab Stands. No person shall 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 for the purpose of and while actually engaged in loading or unloading passengers when stopping does not interfere with a bus or taxicab waiting to enter the restricted space.

I. Lights on Parked Vehicles. No lights need be displayed upon a vehicle that is parked in accordance with this chapter upon a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle.

J. Parking Time Limits.

1. A motor vehicle may park in a time limit restricted area only for a period not to exceed the posted time limit as determined by the city council.

2. Such time limits shall not apply on Sundays, New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas.

3. A motor vehicle may not return to a restricted time limit area in the same block face or within 500 feet of where previously parked on the same block face for a one-hour period.

4. Upon expiration of the designated time limit, as indicated by the posted time limit sign, a citation may be issued if a motor vehicle remains parked or stopped on the same block face unless:

a. The motor vehicle has moved to an unregulated parking area in the same block face; or

b. The motor vehicle has vacated the block face for one hour.

K. Exemptions and Waiver.

1. 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 a 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 to 811.630.

2. The city may in its sole discretion grant a temporary waiver of parking regulations of this chapter to allow a vehicle to park on a public street or city property in an area otherwise restricted or in excess of time limitations. Temporary waivers are granted by temporary parking waiver permits. The following shall apply to all temporary parking waiver permits:

a. Application for a temporary parking waiver permit shall be made to the city manager at least five business days before the date of the requested waiver. The city manager may consider applications submitted less than five days before the date of the requested waiver, but in no event shall the city administration consider an application submitted after a parking violation has occurred. The application shall be accompanied by an application fee established by resolution of the city council.

b. The city manager or designee may issue the temporary parking waiver permit if the waiver is for good cause and will not impact public safety or convenience. If an application is denied, the applicant may appeal to the city council, whose decision shall be final.

c. No permit issued under this section shall be effective for more than three days. The city manager or designee may reissue the permit for one additional three-day period upon a showing by the applicant that good cause continues to exist.

d. The permit shall bear the signature of the city manager or designee, the signature of the issuing clerk, the date of issuance, the date or dates the permit is valid, the location of the vehicle on the public street, and the owner of the vehicle and the owner’s address or location at which he or she can be reached.

e. The permit shall be displayed on the vehicle’s front dashboard. (Ord. 1-2023 § 1; Ord. 8-2021 § 1; Ord. 6-2018 § 1 (Exh. A); Ord. 4-2018 § 1 (Exh. A); Ord. 3-2018 § 1 (Exh. A); Ord. 9-2017 § 1 (Exh. A); Ord. 5-2017 § 1 (Exh. A); Ord. 1-2016 § 1 (Exh. A); Ord. 11-2015 § 1 (Exh. A); Ord. 9-2011 § 1 (Att. 1); Ord. 8-2008; Ord. 9-2002 § 1; Ord. 3-1999 § 1; Ord. 14-1994 § 1; Ord. 17-1986 § 1; Ord. 11-1986 § 12)

10.05.130 Bicycles.

A. Bicycle Operating Rules. In addition to observing all other applicable provisions of this chapter and state law pertaining to bicycles, a person shall:

1. 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. A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles.

2. Not ride a bicycle upon a sidewalk within the city.

B. Impounding of Bicycles.

1. No person shall leave a bicycle on private property without the consent of the person in charge or the owner thereof.

2. A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department.

3. In addition to any citation issued, a bicycle parked in violation of this chapter 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.

4. 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.

5. A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property.

6. Except as provided in subsection (B)(4) of this section, a fee of $2.00 shall be charged to the owner of a bicycle impounded under this section. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 11-1986 § 13)

10.05.140 Pedestrians.

A. 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. A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 11-1986 § 14)

10.05.150 Parades.

A. Prohibited Activity. No person shall organize or participate in a parade that may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people using the public right-of-way and consisting of 50 or more persons or five or more vehicles.

B. Parade Permit.

1. Application for parade permits shall be made to the city manager at least seven days prior to the intended date of the parade, unless the time is waived by the city manager for good reason.

2. Applications shall include the following information:

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

b. The date of the proposed parade.

c. The desired route, including assembling points.

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

e. The proposed starting and ending time.

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

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

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

b. 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.

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

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

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

5. If one or more of the conditions listed in subsection (B)(4) of this section, other than subpart (e), exists, the city manager may impose reasonable conditions in the permit, including, but not limited to:

a. Requiring an alternate date.

b. Requiring an alternate route.

c. Restricting the size of the parade.

6. The city manager shall notify the applicant of the decision within three days after receipt of the application.

7. If the city manager proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the council.

C. Appeal to Council.

1. An applicant may appeal the decision of the city manager by filing a written request of appeal with the recorder within 48 hours after the city manager has proposed alternatives or refused to issue a permit and so advised applicant.

2. 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.

D. Offenses Against Parade.

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

2. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade.

E. Permit Revocable. The city manager may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with the public’s well-being or safety. (Ord. 8-2021 § 1; Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 11-1986 § 15)

10.05.155 Special events/street closures/no parking.

A. A street closure/no parking permit application must be submitted and authorized pursuant to Chapter 10.25 FMC to be valid and enforceable.

B. No person shall unreasonably interfere with lawful street closures or no parking barricades.

C. No person shall operate or park a vehicle that violates lawful street closure signs or no parking barricades. (Ord. 3-2013 § 1 (Exh. A))

10.05.160 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. All motor vehicles in the funeral procession shall be operated with their lights on.

E. No person shall unreasonably interfere with a funeral procession.

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

G. Each driver in the procession shall follow the vehicle ahead as closely as is practical and safe. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 11-1986 § 16)

10.05.170 Parking citations and owner responsibility.

A. Citation on Illegally Parked Vehicle. When 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 that may identify its owner, and shall conspicuously affix to the vehicle a parking citation instructing the operator to answer to the charge or pay the penalty imposed within 10 days during specific hours and at a place specified in the citation.

B. Failure to Comply with Parking Citation. If the operator does not respond to a parking citation pursuant to FMC 10.05.120 within the required time period, the municipal court may order the vehicle to be towed and impounded.

C. Repealed by Ord. 9-2002.

D. 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.

E. 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 that the defendant was the owner. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 2-1997 § 2; Ord. 11-1986 § 17)

10.05.180 Impoundment of vehicles.

A. Whenever 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 owner or 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 of a parked vehicle found in violation and subsequently towed must pay a fine or post bail to the city and any administrative fees before the vehicle may be released. In addition, a valid operator’s license, proof of ownership, and proof of insurance must be presented.

B. The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the provisions of the ordinance of the city and Oregon Revised Statutes 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, for conditions other than hazard, if the vehicle has three or more unpaid parking violations against it, the officer may, in addition to issuing a citation, cause the vehicle to be impounded. A vehicle so impounded shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this subsection may be sold by the tow company, per the guidelines of Oregon Revised Statutes, if they are not redeemed. (Ord. 9-2011 § 1 (Att. 1); Ord. 5-2003 § 1; Ord. 9-2002 § 1; Ord. 11-1986 § 18)

10.05.190 Brakes.

A. All motor vehicles and bicycles operated through or upon public streets and ways within the city of Fairview shall conform to the requirements of applicable state law and shall be equipped with brakes adequate to control their movement and to stop and hold such vehicle.

B. Brakes of a mechanical or hydraulic nature operated by compressed air, steam or otherwise, must be effectively muffled to avoid loud, disturbing or unnecessary noises in the operation thereof. This section shall apply to the use of “exhaust” brakes or “jake” brakes. The discharge in the open air of the exhaust of a motor vehicle or the “exhaust” brakes or braking system of a motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and/or emission of annoying smoke shall be considered a violation of this chapter. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 11-1986 § 19)

10.05.200 Penalties.

A. Violation of FMC 10.05.110 is punishable by fine not to exceed $100.00.

B. Violation of FMC 10.05.100, 10.05.120 through 10.05.160, 10.05.190 and 10.05.220 is punishable by fine not to exceed $50.00.

C. Vehicles in violation of FMC 10.05.120(C)(6) or (C)(7) may be towed without notice. (Ord. 4-2018 § 1 (Exh. A); Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 6-1992 § 1; Ord. 11-1986 § 20)

10.05.210 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. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 11-1986 § 23)

10.05.220 Public drinking.

No person shall drink or consume intoxicating liquor in a public place or any motor vehicle in a public place unless such premises are licensed for that purpose by the Oregon Liquor Control Commission. (Ord. 9-2011 § 1 (Att. 1); Ord. 9-2002 § 1; Ord. 6-1992 § 1; Ord. 11-1986 § 25)