Chapter 10.05 TRAFFIC AND PARKING

The provisions of ORS chapters 801 through 822 as presently constituted are hereby adopted to regulate the ownership and operation of vehicles within the city limits of Garibaldi. [Ord. 268 § 2, 2002.]

10.05.020 Applicability of state infractions statutes.

The provisions of ORS chapter 153 as presently constituted are hereby adopted as procedure for enforcing all violations of city ordinance; provided, however, that the adoption of such a procedure shall not prevent the city from using other procedures to enforce compliance with city ordinances which do not relate to the ownership and operation of vehicles. [Ord. 268 § 3, 2002.]

10.05.030 Definitions.

In addition to the definitions contained in the ORS chapters incorporated by reference herein, the following mean:

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

“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.

“Other property open to public travel” means property, whether publicly or privately owned and whether publicly or privately maintained, upon which the public operates motor vehicles either by express or implied invitation other than streets as defined in this section, and excepting public school property, county property, or property under the jurisdiction of the State Board of Higher Education. “Other property open to public travel” shall include but not be limited to parking lots, service station lots, shopping center and supermarket parking lots, and other accessways and parking areas open to general vehicular traffic, whether or not periodically closed to public use.

Street. The terms “highway,” “street,” “road,” and “lane,” when used in this chapter or in the ORS chapters incorporated herein, shall be considered synonymous, unless the context precludes such construction. “Street,” as defined in this chapter and the ORS chapters incorporated by reference herein, includes alleys, sidewalks, and parking areas and accessways owned or maintained by the city. [Ord. 268 § 4, 2002.]

10.05.040 Powers of council.

Subject to state law, the city council shall exercise all municipal traffic authority for the city, except those powers specifically and expressly designated by this chapter or another ordinance. The powers of the council include, but are not limited to:

A. Designation of through-streets, one-way streets, and truck routes;

B. Designation of areas where parking is prohibited or restricted;

C. Restriction of the use of certain streets by any kind or class of vehicle to protect the streets from damage;

D. Authorization of greater maximum weights or lengths for vehicles using city streets than are specified by state law;

E. Initiation of proceedings to change speed zones;

F. Revision of speed limits in parks;

G. Temporary blocking or closing of streets;

H. Establishment of bicycle lanes and paths and traffic controls for such facilities;

I. Establishment, removal or alteration of crosswalks, safety zones, traffic lanes, intersection channelization, areas (and times) where drivers of vehicles shall not make left, right, or U-turns, loading zones and stops for vehicles (like bus stops and taxicab stands), and traffic control signals. [Ord. 268 § 5, 2002.]

10.05.050 Duties of city administrator.

The city administrator or the administrator's designee shall implement the ordinances, resolutions and motions of the council and his or her own orders by installing, maintaining, removing and altering traffic control devices. The installations shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control for Streets and Highways. [Ord. 268 § 6, 2002.]

10.05.060 Public danger.

Under conditions constituting a danger to the public, the city administrator or the administrator's designee may install temporary traffic control devices as necessary to protect public safety. [Ord. 268 § 7, 2002.]

10.05.070 Authority of police and fire officers.

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. [Ord. 268 § 8, 2002.]

10.05.080 Traffic control devices.

A. No person shall disobey the instructions of 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.

C. The existence of a traffic control device shall be prima facie evidence that the device was lawfully authorized and installed.

D. Traffic control devices installed prior to enactment of this chapter are lawfully authorized. [Ord. 268 § 9, 2002.]

10.05.090 Damaging sidewalks and curbs.

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, nor shall any unauthorized person remove a portion of a curb or move a motor vehicle or a device moved by a motor vehicle onto a curb or sidewalk. A person who causes damage shall be responsible for the cost of repair. [Ord. 268 § 10, 2002.]

10.05.100 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 city administrator, a motor vehicle or personal property for a period in excess of 72 hours. Failure to move a motor vehicle or other personal property for a period of 72 hours constitutes prima facie evidence of storage. [Ord. 268 § 11, 2002.]

10.05.110 Obstructing streets.

No person shall park or leave on a street, including an alley, parking strip, sidewalk, or curb, a vehicle part, trailer, merchandise of any description, or any other thing that impedes traffic or obstructs the view, except as allowed by this chapter or other ordinances of the city. [Ord. 268 § 12, 2002.]

10.05.120 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 where a curb exists, with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is striped for head-in or angle parking.

B. Where parking places 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 that space, and no other vehicle operator shall attempt to interfere.

D. Whenever the operator of a vehicle discovers the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove said vehicle from the area, unless otherwise directed by police or fire officers. [Ord. 268 § 13, 2002.]

10.05.130 Prohibited parking or standing.

No person shall park or stand a vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign or marking. [Ord. 268 § 14, 2002.]

10.05.140 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. [Ord. 268 § 15, 2002.]

10.05.150 Restricted parking.

Two-hour parking limits, where posted, are in force from 7:00 a.m. to 7:00 p.m., seven days a week. [Ord. 268 § 16, 2002.]

10.05.160 Use of loading zones.

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 where 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 use of the loading zone shall not exceed five minutes for loading or unloading passengers and personal baggage and 15 minutes for loading or unloading vehicles. [Ord. 268 § 17, 2002.]

10.05.170 Extension of parking time.

Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking. [Ord. 268 § 18, 2002.]

10.05.180 Exemptions.

The provisions of this chapter relating to the parking, stopping, and 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;

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. 268 § 19, 2002.]

10.05.190 Where parking restrictions apply.

Parking restrictions shall be applied in specific locations by resolution of the city council. [Ord. 268 § 20, 2002.]

10.05.200 Trains.

Trains shall not block the use of any street for more than five minutes, unless the train is in motion. [Ord. 268 § 21, 2002.]

10.05.210 Pedestrians.

A pedestrian shall not use a roadway for travel when a sidewalk is available. 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. 268 § 22, 2002.]

10.05.220 Bicycle parking.

Bicycles shall be parked in a bicycle rack if one is available. If no bicycle rack is provided, the bicycle shall be left so as not to obstruct any roadway, sidewalk, driveway, or building entrance. No person shall leave a bicycle on private residential property without the consent of the owner or person in charge. Consent is implied on business property unless bicycle parking is expressly prohibited. [Ord. 268 § 23, 2002.]

10.05.230 Bicycle impounding.

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

B. 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.

C. If the owner of a bicycle impounded pursuant to this chapter can be easily determined, the police shall make reasonable efforts to notify the owner. An impounding fee of $5.00 shall be charged to the owner if the owner can be found. No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded.

D. 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. [Ord. 268 § 24, 2002.]

10.05.240 Parades.

A. Permit Required. No person shall organize or participate in a parade that will interrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of 100 or more persons or 10 or more vehicles using the public right-of-way.

B. Application. Application for a parade permit shall be made to the city administrator or his or her designee at least seven days prior to the intended date of the parade, unless the time limit is waived by the city administrator.

C. Application Form. Application for a parade permit 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 proposed route, including assembling points;

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

5. The proposed starting and ending time.

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

D. Issuance of Permit. The city administrator or his or her designee shall issue a parade permit conditioned on the applicant's written agreement to comply with the terms of the permit.

E. Grounds for Denial of Permit. The city administrator or his or her designee may deny a parade permit if he or she decides 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 law enforcement officers to properly control the line of movement and contiguous areas that allowing the parade as proposed would deny reasonable law enforcement 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; or

5. The applicant refuses to abide by the terms and conditions of the permit.

F. Administrator May Impose Conditions. The city administrator may impose reasonable conditions in the permit, including but not limited to requiring an alternate date, requiring an alternate route, and restricting the size of the parade.

G. Time of Administrator's Decision. The city administrator shall notify the applicant of the administrator's decision within three days of receipt of a parade application. If the city administrator proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the city council.

H. Appeal Procedures. An applicant may appeal the decision of the city administrator by filing a written request of appeal with the city administrator or his or her designee within 48 hours following the administrator's decision. The council shall schedule a hearing date, which shall not be later than three days following the filing of the written appeal, and shall notify the applicant of the date and time the applicant may appear either in person or by representative.

I. Offenses Against Parade. No person shall unreasonably interfere with a parade or parade participants. No person shall operate a vehicle that is not part of the parade between the vehicles or persons comprising a parade.

J. Permit Revocable. The city administrator or his or her designee may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. [Ord. 268 § 25, 2002.]

10.05.250 Funeral processions.

A permit shall not be required to conduct a funeral procession. [Ord. 268 § 26, 2002.]

10.05.260 Penalties.

The penalties for parking violations under this chapter shall be as provided for in Chapter 10.10 GMC. Penalties for violation of state traffic laws shall be as provided in state statute. Penalties for violation of provisions of this chapter which are not parking violations pursuant to Chapter 10.10 GMC and not violations of state traffic laws shall be subject to the penalty provisions of Chapter 1.10 GMC. [Ord. 268 § 27, 2002.]