Chapter 10.04 TRAFFIC REGULATIONS*

Violation of Oregon Revised Statutes, Chapters 801 through 826 (Oregon Vehicle Code), as now or hereafter constituted shall be an offense against the city.

Statutory Reference: ORS 221.410

History: Ord. 798 §1, 1972.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

10.04.030 Definitions and interpretation.

In addition to those definitions contained in the Oregon Revised Statutes chapters mentioned in GMC Section 10.04.020, the following words or phrases, except where the context clearly indicates a different meaning, shall be defined as follows:

(1) “Bicycle” means a non-motorized vehicle designed to be ridden, propelled by human power, and having two or more wheels the diameter of which are in excess of ten inches or having two or more wheels where any one wheel has a diameter in excess of fifteen inches.

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

(3) “City Administrator” means the City Administrator or authorized representative.

(4) “Holiday” means Sunday and legal holidays.

(5) “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.

(6) “Motor vehicle” means every vehicle that is self-propelled, including tractors, forklift trucks, motorcycles, road building equipment, street cleaning equipment, and any other vehicle capable of moving under its own power, not withstanding that the vehicle may be exempt from licensing under the motor vehicle laws of Oregon.

(7) “Park or parking” means the condition of:

(a) A vehicle that is stopped while occupied by its operator with the engine turned off if so equipped;

(b) A vehicle that is stopped while unoccupied by its operator whether or not the engine is turned off if so equipped.

(8) “Pedestrian” means a person on the public right-of-way except:

(a) The operator or passenger of a vehicle or bicycle;

(b) A person leading, driving or riding an animal or animal-drawn conveyance.

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

(10) “Stand or standing” means the stopping of a vehicle while occupied by its operator with the engine running except stopping in obedience to the instructions of a traffic officer or traffic-control device or for other traffic.

(11) “Stop” means complete cessation of movement.

(12) Street and Other Property Open to Public Travel:

(a) “Highway,” “road,” and “street,” when used in this chapter or in the Oregon Revised Statutes chapters incorporated in this chapter, shall be considered synonymous, unless the context precludes such construction. “Street,” as defined in this chapter, consists of roadway and shoulder portion of the public right-of-way and includes alleys, sidewalks and parking areas and access ways owned by the city.

(b) “Roadway” means the portion of a street that is improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder.

(c) “Shoulder” means a portion of a street contiguous to the roadway that is primarily used by pedestrians and for accommodation of stopped vehicles and does not include a portion of right-of-way not primarily used by the public for parking and pedestrian purposes;

(d) “Private street” means open to general vehicular traffic, whether or not periodically closed to public use upon which the public operates vehicles either by express or implied invitation other than streets as defined in paragraph “a” of this section. The term “private street” is limited to that which provides access and parking on public school property or provides access to more than one property, as determined by the City Council on a case-by-case basis, or if parking on a private street is determined by the police or fire chief or designee to constitute an emergency.

(13) “Taxicab stand” means a space on the edge of a roadway designated by sign for use by taxicabs.

(14) “Traffic-control device” means a device to direct vehicular or pedestrian traffic, including but not limited to a sign, signaling mechanism, barricade, button or street or curb marking installed by the city or other authority.

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

(16) “Vehicle,” as used in this chapter, means any vehicle that is self-propelled, including but not limited to tractors, forklift trucks, motorcycles, road building equipment, street cleaning equipment, any vehicle capable of moving under its own power, not withstanding that the vehicle may be exempt from licensing under the motor vehicle laws and every device in, upon or by which any person or property is or may be transported or drawn upon any public street, including the following:

(a) “Camper” as defined in ORS 801.180;

(b) “Commercial vehicle” as defined in ORS 801.210;

(d) “Mobile home” as defined in ORS 801.350;

(e) “Motor truck” as defined in ORS 801.355;

(g) “Recreational vehicle” as defined in ORS 446.003;

(h) “Trailer” as defined in ORS 801.560;

(i) “Travel trailer” as defined in ORS 801.565; and

(j) “Truck trailer” as defined in ORS 801.575.

(17) “Vehicle sales, repair, or servicing business” means a business that sells, repairs or services new or used vehicles that may be owned by customers or by the business, such as “trade-in” vehicles.

(18) As used in this chapter, the singular includes the plural and the masculine includes the feminine.

Statutory Reference: ORS Ch. 801

History: Ord. 798 §3, 1972; Ord. 1373, 2006

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

II. Administration

10.04.040 City council—Authority and powers.

(1) Subject to state laws, the City Council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated by the ordinance codified in this chapter or by another ordinance.

(2) The powers of the council shall include but not be limited to:

(a) Designation of through streets;

(b) Designation of one-way streets;

(d) Designation of parking meter zones;

(e) Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage;

(f) Authorization of greater maximum weights or length for vehicles using city streets and specified by state law;

(g) Initiation of proceedings to change speed-zones;

(h) Revision of speed limits in parks;

(i) Designation of stop sign locations;

(j) Limitation of vehicle width, vehicle height and vehicle weight to a standard less than imposed by state statute. This power will be exercised only when there is a clear showing that a particular street, portion thereof, or bridge presents a clear danger to motorists traveling there upon which danger will be lessened by the imposition of more restrictive standards.

Statutory Reference: ORS 801.040, 810.010 to 810.250

History: Ord. 798 §4, 1972; Ord. 883 §11 1976.

10.04.050 City administrator—Duties.

The City Administrator or his designate shall exercise the following duties:

(1) Implement the ordinances, resolutions and motions of the council and his own orders by installing traffic-control devices. Such installations shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways;

(2) Establish, maintain, remove or alter 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;

(3) Issue oversize or overweight vehicle permits.

Statutory Reference: ORS 801.040

History: Ord. 798 §5, 1972.

10.04.060 City administrator—May order installation of temporary traffic-control devices.

Under conditions constituting a danger to the public, the City Administrator or his designate may install temporary traffic-control devices deemed by him to be necessary.

Statutory Reference: ORS 801.040

History: Ord. 798 §6, 1972.

10.04.070 City administrator—Regulations designated—Standards.

The regulations of the City Administrator or his designate shall be based upon:

(1) Traffic engineering principles and traffic investigations.

(2) Standards, limitations and rules promulgated by the State Highway Commission.

(3) Other recognized traffic-control standards.

Statutory Reference: ORS 801.040

History: Ord. 798 §7, 1972.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

10.04.080 City Administrator—Authority.

(1) The City Administrator or designee shall have the authority to enforce the provisions of this chapter.

(2) In the event of a fire or other public emergency, the City Administrator or designee may direct traffic as conditions require, notwithstanding the provisions of this chapter.

Statutory Reference: ORS 221.410

History: Ord. 798 §8, 1972; Ord. 1491 §1, 2018.

10.04.090 Traffic-control devices—Obedience to and alteration of.

(1) No person shall disobey the instruction of a traffic officer or a traffic-control device.

(2) No unauthorized person shall install, move, remove, obstruct, alter the position of, deface or tamper with a traffic-control device.

Statutory Reference: ORS 810.200 to 810.250

History: Ord. 798 §9, 1972.

10.04.100 Traffic-control devices—Existence establishes evidence.

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

Statutory Reference: ORS 810.200 to 810.250

History: Ord. 798 §10, 1972.

10.04.110 Traffic-control devices—Installed prior to adoption—Authorization.

Traffic-control devices installed prior to the adoption of the ordinance codified in this chapter are lawfully authorized.

Statutory Reference: ORS 810.200 to 810.250

History: Ord. 798 §11, 1972.

III. Operational Regulations

10.04.120 Rules of the road.

In addition to state law, the following shall apply to the operation of vehicles upon the streets of the city:

(1) The operator of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic, and shall yield the right-of-way to moving traffic and pedestrians.

(2) The operator of a vehicle in the traffic lane shall have the right-of-way over an operator of a vehicle departing from a parking space.

(3) No operator of a vehicle shall pull away from a curb or other parking area without giving an appropriate turn signal when other traffic may be affected.

(4) Where a stop sign is erected at or near the entrance to an intersection, the operator of a vehicle approaching shall bring the vehicle to a stop before crossing a stop line or crosswalk; or, if none, then before entering the intersection. Stopping at a point which does not yield an unobstructed view of traffic on the intersecting street shall not constitute compliance with the requirements of this section.

(5) Notwithstanding an indication by a traffic- control device to proceed:

(a) No operator of a vehicle shall enter an intersection unless there is sufficient space on the opposite side of the intersection to accommodate his vehicle without obstructing the passage of other vehicles.

(b) No operator of a vehicle shall enter a marked crosswalk, whether or not at an intersection, unless there is sufficient space on the opposite side of the crosswalk to accommodate his vehicle without obstructing the passage of pedestrians.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §12, 1972.

10.04.130 Crossing private property.

(1) No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property.

(2) 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.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §13, 1972.

10.04.140 Emerging from vehicle.

No person shall open the door of a motor vehicle into a traffic lane without first ascertaining that it can be done safely.

Statutory Reference: ORS 221,410, 801.040

History: Ord. 798 §14, 1972.

10.04.150 Unlawful riding.

(1) No operator shall permit a passenger 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.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §15, 1972.

10.04.160 Clinging to vehicles.

(1) 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.

(2) Nor shall the operator of a vehicle upon a street knowingly allow a person riding on any of the vehicles or devices mentioned in subsection (1) of this section, to attach himself, the vehicle, or the device to his vehicle.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §16, 1972.

IV. Street Use Regulations

10.04.170 Sleds on streets.

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

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §17, 1972.

10.04.180 Damaging sidewalks and curbs.

(1) The operator of a vehicle shall not drive upon a sidewalk or roadside planting strip except to cross at 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 a 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.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §18, 1972.

10.04.190 Obstructing streets.

(1) No unauthorized person shall obstruct the free movement of vehicle or pedestrian using the streets.

(2) No person shall park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction on the street.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §19, 1972.

10.04.200 Responsibility to remove glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §20, 1972.

10.04.205 Business parking.

(1) It is unlawful for any person engaged in vehicle sales, repair, or servicing business to cause or permit any vehicle to be parked on a street except abutting their business while such vehicle is in the custody of the business for the purpose of being offered for sale, repaired, or serviced. If a vehicle is parked on a street while in the custody, control or possession of a vehicle sales, repair or servicing business for the purpose of being stored, serviced or repaired, it is prima facie evidence that the person engaged in such business caused or permitted such vehicle to be so parked.

History Note: Ord. 1491 §1, 2018.

10.04.210 Trains not to block streets.

No person shall direct or operate a train or permit railroad cars to block the use of any street for a period of time longer than five minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §21, 1972.

10.04.215 Portable storage containers.

Portable storage containers, as defined in Section 5.22.010, that are placed in the public right-of-way are regulated by Chapter 5.22.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 1392§10, 2007.

10.04.216 Building relocation.

(1) A relocation permit must be obtained from the City prior to using public right-of-way for relocating any building ordinarily attached to real property.

(2) The fee for relocation permits shall be set by resolution of the City Council.

(3) No permit shall be valid without providing the City with a certification of liability insurance naming the city as additionally insured providing minimum coverage of $2,000,000 per occurrence general liability and $2,000,000 per occurrence auto liability including non-owned and hired.

(4) No person shall relocate a building to a site within the City without demonstrating compliance with Title 17 of the Gladstone Municipal Code.

(5) A relocation permit shall be subject to general provisions specified by the Oregon Department of Transportation in a “Special Transportation Permit for House Moves” if relocation uses State right-of-way in the City.

(6) No person shall temporarily post a street for “no parking” without at least twenty-four (24) hour prior notice to businesses and residents affected by the relocation as determined by the City Administrator or designee, and no street shall be posted for more than twenty-four (24) hours without approval by the City Administrator or designee.

(7) Temporary storage of a building in the public right-of-way or on private property is prohibited.

Statutory Reference: ORS 221.410

History: Ord. 1401, 2008.

V. Parking

10.04.220 Method.

(1) No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curb side wheels of the vehicle within twelve inches of the edge of the curb, except where the street is marked or signed for angle parking.

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

(3) The operator who first begins maneuvering his vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to deprive him of his priority or block his access.

(4) Whenever the operator of a vehicle discovers that his vehicle is parked close to a building to which the fire department has been summoned, he shall immediately remove the vehicle from the area, unless otherwise directed by police or fire officers.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §22, 1972; Ord. 1373

10.04.225 Adoption of state statutes.

Oregon Revised Statutes 811.550 through 811.585 are hereby adopted in their entirety.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 1090 §2, 1987.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

10.04.230 Prohibited—Certain vehicles and places.

(1) No person shall park, store, or leave standing:

(a) A vehicle upon a bridge, viaduct, or other elevated structure used as a street or within a street tunnel unless authorized;

(b) A vehicle in an alley other than for the expeditious loading or unloading of persons or materials but in no case for a period in excess of 30 consecutive minutes;

(d) A vehicle in a manner which causes a traffic hazard to any normal flow of traffic;

(e) A vehicle in a manner which violates ORS 811.550, prohibiting parking on sidewalks, parkways, near fire hydrants, private drives, within intersections, crosswalks, double parking or parking in violation of posted regulatory signs;

(f) A vehicle subject to the motor carrier tax for use of highways established by ORS 767.815 on a residential street or on property adjacent to a residential street except when parking is required for deliveries to adjacent properties between 7:00 a.m. and 7:00 p.m. For purposes of this section, a “residential street” is any street which abuts property on either side of that which is zoned R-7.2, R-5 or M-R. Nothing in this section shall prohibit the parking of only the truck (or tractor) portion on private property;

(g) A vehicle upon a public street or other public property controlled by the city in excess of 24 hours in a commercial zone or 72 hours in any noncommercial zone. Failure to move a motor vehicle for 24 hours in a commercial zone or 72 hours in a noncommercial zone constitutes prima facie evidence of storage. Specific types of vehicles are subject to more stringent parking requirements as set forth in subsection (1)(h) of this section;

(h) No person shall at any time park, store, or leave standing a house or camping trailer, motor home or recreational vehicle whether attended or unattended, on any improved public highway, public street or other public way within the city limits, for a period of greater than 30 minutes, between the hours of 12:00 a.m. and 6:00 a.m.

(A) Exception. A house or camping trailer, motor home or recreational vehicle may be parked on a public street longer than the period allowed in subsection (l)(h) of this section if: (i) it is owned by the resident or guest of the resident of the property in front of which it is parked; (ii) it is parked on the public street adjacent to the lot of the resident; and (iii) it is parked on the public street no longer than 72 hours. Failure to move a motor vehicle for 72 hours constitutes prima facie evidence of violation of this section. Such vehicle must be parked in a manner which does not interfere with traffic or create a hazard by obstructing the view of drivers;

(i) Failure to move a vehicle or other personal property regulated by this section after expiration of any of the time periods set forth in subsections (1)(g) and (h) of this section constitutes prima facie evidence of violation of this section. For purposes of subsection (1)(g) of this section, “move” is defined as transporting the vehicle or personal property a distance of three city blocks or 600 feet, whichever is less. For purposes of subsection (1)(h) of this section, “move” means transporting the house or camping trailer, motor home or recreational vehicle off the city’s public streets;

(j) No trailer shall be parked upon any roadway unless it is attached to a motor vehicle by which it may be propelled or drawn. This subsection shall not apply to trailers which are disabled to such an extent that the driver cannot avoid temporarily leaving the disabled trailer on the roadway; provided, that the trailer is parked in a manner which does not interfere with traffic or create a hazard. A disabled trailer must be removed within 72 hours;

(k) No vehicle shall be parked or operated on a street when the vehicle registration as indicated by registration stickers or registration card is expired;

(l) No vehicle shall obstruct the driveway of any post office or postal station, or park within 10 feet of a private mailbox during the hours of delivery.

(2) No operator shall park and no owner shall allow a motorized or nonmotorized vehicle or personal property to be parked upon a street or other public property controlled by the city for the principal purpose of:

(a) Displaying the vehicle for sale;

(b) Displaying advertising from the vehicle;

(c) Repairing or servicing the vehicle, except minor repairs or repairs necessitated by an emergency, if the total lapsed time in making the repairs does not exceed eight hours’ duration, or that the owner of the vehicle has the express written permission from the Chief of Police or his designee to exceed the eight-hour limitation. In no event shall a vehicle in the process of the repair on a public street be left unattended while it is placed on jacks or blocks, or otherwise elevated.

(3) No operator shall park and no owner shall allow a motorized or nonmotorized vehicle to be parked upon public property controlled by the city:

(a) In a manner that violates any posted parking restriction;

(b) Without paying any required fee; or

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §23, 1972; Ord. 951 §1, 1980; Ord. 1005 §1, 1982; Ord. 1207 §1, 1995; Ord. 1244 §2, 1997; Ord. 1298, 2000; Ord. 1373, 2006; Ord. 1380 §1, 2006; Ord. 1491 §1, 2018; Ord. 1511 §1, 2021; Ord. 1520 §1 (Exh. A), 2022.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

10.04.250 Use of loading zone.

(1) No person shall 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.

(2) 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.

(3) If no time limits are posted, then the use of the zone shall not exceed thirty minutes.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §25, 1972.

10.04.260 Unattended vehicle—Leaving.

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.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §26, 1972.

10.04.270 Unattended vehicle—Action by police officer.

Whenever a Police Officer finds a motor vehicle parked unattended with the ignition key in the vehicle in violation of GMC Section 10.04.260, 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.

Statutory Reference: ORS 811.430

History: Ord. 798 §27, 1972.

10.04.280 Buses and taxicabs to use bus stops and taxicab stands.

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 his vehicle outside a traffic lane while loading or unloading passengers.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §28, 1972.

10.04.290 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 or about to enter the restricted space.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §29, 1972.

10.04.300 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 five hundred feet from the vehicle.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §30, 1972.

10.04.310 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.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §31, 1972.

10.04.320 Exemptions from parking restrictions.

The provisions of this chapter regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation or delivery of mail.

Statutory Reference: ORS 810.160, 811.550 to 811.640

History: Ord. 798 §32, 1972.

VI. Bicycles

10.04.330 Equipment.

(1) A bicycle operated upon the streets shall be equipped as required by state law. In addition, a bicycle shall be equipped with a brake capable of sliding at least one tire when applied on dry, level, clean pavement.

(2) No bicycle shall be equipped with a siren or whistle.

Statutory Reference: ORS 814.400 to 814.480

History: Ord. 798 §33, 1972.

10.04.340 Operating rules.

In addition to observing all other applicable provisions of this chapter and state law, a rider of a bicycle upon a street shall:

(1) Yield the right-of-way to pedestrians on sidewalks.

(2) On a two-way street, ride to the extreme right except when preparing for a left turn; on a one-way street, ride to the extreme curb side of the traffic lane and with the direction of travel designated for that lane; if the curb lane is designated for left turn or right turn only, and the operator is not intending to turn, he shall operate in the through lane.

(3) Not carry a package, bundle, or article which prohibits him from having full control of the bicycle and unhindered vision.

(4) Not ride abreast of another bicycle or in any manner other than single file, except on designated bicycle paths.

(5) Not operate a bicycle in a careless or reckless manner which endangers or would be likely to endanger himself, another, or any property; racing or trick riding shall be included in this offense.

(6) Not leave a bicycle, except in a bicycle rack; if no rack is provided, he shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance; nor shall he leave the bicycle in violation of the provisions relating to the parking of motor vehicles.

Statutory Reference: ORS 814.400 to 814.480

History: Ord. 798 §34, 1972; Ord. 1021 §1, 1983.

10.04.350 Leaving on public property—Impoundment—Notice to owner—Disposal.

(1) It is unlawful to leave a bicycle on public or 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 twenty-four hours may be impounded by the police department.

(3) In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded by the police department.

(4) If a bicycle impounded under this chapter is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner.

(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.

Statutory Reference: ORS 814.400 to 814.480

History: Ord. 798 §35, 1972.

VII. Pedestrians

10.04.360 Use of sidewalks.

A pedestrian shall not use a roadway for travel when a sidewalk is available.

Statutory Reference: ORS 814.010 to 814.120

History: Ord. 798 §36, 1972.

10.04.370 Crossing streets—Must use crosswalks.

No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within one hundred fifty feet of a marked crosswalk.

Statutory Reference: ORS 814.010 to 814.120

History: Ord. 798 §37, 1972.

10.04.380 Crossing streets—At right angle required.

A pedestrian shall cross a street at a right angle, unless crossing with a crosswalk.

Statutory Reference: ORS 814.010 to 814.120

History: Ord. 798 §38, 1972.

10.04.390 Obedience to traffic, bridge and railroad signals required.

(1) 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.

(2) 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.

(3) No pedestrian shall pass through, around, over or under crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.

Statutory Reference: ORS 814.010 to 814.120

History: Ord. 798 §39, 1972.

VIII. Funeral Processions

10.04.400 General regulations.

(1) A permit shall not be required to conduct a funeral procession.

(2) The procession shall proceed to the place of interment by the most direct route which is both legal and practicable.

(3) The procession shall be accompanied by adequate escort vehicles for traffic-control purposes.

(4) All motor vehicles in the procession shall be operated with their lights turned on.

(5) No person shall unreasonably interfere with a funeral procession.

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

Statutory Reference: ORS 801.288, 811.800 to 811.812

History: Ord. 798 §40, 1972.

IX. Traffic Offenses on Other Property Open to Public Travel

10.04.410 Careless driving.

(1) No person shall operate a motor vehicle on other property open to public travel in a careless manner.

(2) As used in this section, “a careless manner” means in a manner that endangers or would be likely to endanger any person or property.

Statutory Reference: ORS 811.135

History: Ord. 798 §41, 1972.

10.04.420 Reckless driving.

No person shall operate a motor vehicle on other property open to public travel carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.

Statutory Reference: ORS 811.140

History: Ord. 798 §42, 1972.

10.04.430 Driving under influence of liquor, dangerous or narcotic drugs.

No person shall operate a motor vehicle on other property open to public travel while under the influence of intoxicating liquor, dangerous drugs or narcotic drugs.

(1) A person charged with an offense under this section shall be advised that he has a right to a chemical test of his blood, saliva or urine at his expense or chemical test of his breath without expense; that he is not required to submit to any such test and that his refusal will not result in suspension of his driving privileges and that his refusal to submit or failure to request chemical testing cannot be used against him in any criminal proceedings.

(2) As used in this section, “intoxicating liquor,” “dangerous drugs,” and “narcotic drugs” means the same as those terms are defined by state law.

Statutory Reference: ORS Ch. 813

History: Ord. 798 §43, 1972.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

X. Parking Citations

10.04.460 Issuance.

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.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §46, 1972.

10.04.470 Failure by owner to comply.

If the operator does not respond to a parking citation affixed to such vehicle within a period of five days, the court clerk or designee may send to the owner of the vehicle to which the parking citation was affixed, a letter informing the owner of the violation and warning the owner that in the event the letter is disregarded for a period of fourteen (14) days from the date of the parking citation, a fine will be referred to a collections agency. A warrant for arrest will not be issued.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §47, 1972; Ord. 1066 §1, 1986; Ord. 1380 §4, 2006.

10.04.480 Owner responsibility for offense.

The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except where the use of the vehicle was secured by the operator without the owner’s consent.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §48, 1972.

10.04.490 Registration presumes ownership.

In a prosecution of a vehicle owner, charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that he was then the owner in fact.

Statutory Reference: ORS 221.410, 801.040

History: Ord. 798 §49, 1972

XI. Violation—Penalty

10.04.560 Violation—Penalty.

(1) Except as may be limited by Charter, violations of Oregon Revised Statutes provisions made offenses against this city are punishable to the same extent provided in the statutes.

(2) Violation of GMC Sections 10.04.060 through 10.04.210 shall be a Class “D” infraction unless otherwise noted.

(3) Violation of parking regulations GMC Sections 10.04.220 through 10.04.400 is punishable by fine not to exceed ninety dollars ($90), but will be twenty-five dollars ($25) if paid within fourteen (14) days from date that the parking citation was issued.

(4) Except as may be limited by charter, violations of GMC Sections 10.04.420 and 10.04.430 are punishable by confinement in the county jail, or by a fine, not to exceed the maximum penalties which could be imposed under state law for similar violations occurring on highways.

Statutory Reference: ORS 221.410

History: Ord. 798 §51, 1972; Ord. 1380 §5, 2006.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]