Chapter 6.15 TRAFFIC

(1) Adoption of Oregon Vehicle Code. ORS Chapters 801 through 822, as constituted on January 2, 2018, are adopted by reference. Violation of an adopted provision of those chapters is an offense against the city of Halsey.

(2) Adoption of Procedural Statutes. The procedures applicable to the prosecution of traffic offenses as contained in the Oregon Revised Statues, as constituted on January 2, 2018, including the procedures set forth in ORS Chapter 153, are by this reference adopted in full and made a part of this chapter.

(3) Conflicts. In the event a conflict arises between the adopted state law provisions and a provision of local law, the law providing the broader scope and measure of protection to the citizens of Halsey shall prevail. [Ord. 425 § 2, 2018; Ord. 420 § 2, 2016.]

Article I. Definitions

6.15.030 Definitions.

In addition to those definitions contained in the above ORS chapters and the Oregon Vehicle Code, the following mean:

“Boat” means any watercraft, whether or not mounted upon a wheeled device for trailing behind a car, truck or other vehicle, capable of being used as a conveyance upon water.

“Camper” means a structure that: has a floor; is designed to be mounted upon a motor vehicle; is not permanently attached to a motor vehicle upon which it is mounted; is designed to provide facilities for human habitation or for camping; is six feet or more in overall length; is five and one-half feet or more in height from floor to ceiling at any point; and has no more than one axle designed to support a portion of the weight of the camper.

“City” means the city of Halsey, Linn County, Oregon.

“City administrator” means the city administrator/recorder of the city of Halsey or his/her designee.

Enforcement Officer. The term “enforcement officer” includes a member of the Oregon State Police, a sheriff or deputy sheriff or any other officer as defined by ORS 153.005.

“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.

“Motor home” means a motor vehicle that is reconstructed, permanently altered or originally designed to provide facilities for human habitation; or has a structure permanently attached to it that would be a camper if the structure was not permanently attached to the motor vehicle.

“Motor truck” means a motor vehicle with a maximum combined vehicle and load weight over 8,000 pounds that is designated or used to carry freight, property, articles or things.

“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.

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

“Recreational vehicle” means a motor home, fifth wheel with living space, camper, travel trailer, or livestock trailer with living space.

Street. The terms “highway,” “road,” and “street,” 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 includes alleys, sidewalks, shoulders, curbs, ditches, parking areas and accessways owned or maintained by the city.

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

“Trailer” means every vehicle without motor power designed to be drawn by another vehicle. “Trailer” includes, but is not limited to, the following types of trailers: balance trailers, bus trailers, commercial bus trailers, farm trailers, pole trailers, semitrailers, travel trailers, truck trailers.

“Travel trailer” means a tent trailer or any other trailer that:

(a) Is of a type designed to be used on the highways;

(b) Is capable of use for human habitation.

“Vehicle,” as used in subsequent sections of this chapter, includes bicycles. [Ord. 446 § 1, 2023; Ord. 425 § 3, 2018; Ord. 420 § 3, 2016.]

Article II. Administration

6.15.040 Powers of the council.

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

(2) The powers of the city council include, but are not limited to:

(a) Designation of through streets.

(b) Designation of one-way streets.

(d) Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage or excess traffic.

(e) Authorization, by resolution, of greater maximum weights or lengths than specified by state law for vehicles using city streets or county roads.

(f) Initiation of proceedings to change speed zones.

(g) Temporary closure or blocking of streets. [Ord. 425 § 4, 2018; Ord. 420 § 4, 2016.]

6.15.050 Implementation of regulations.

The city administrator shall exercise the following duties:

(1) Implement the ordinances, resolutions and motions of the council by installing or causing to be installed 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.

(d) All other signs and markings necessary to implement traffic and parking controls enacted by the city council. [Ord. 425 § 5, 2018; Ord. 420 § 5, 2016.]

6.15.060 Standards.

The regulations of the city administrator shall be based on:

(1) Traffic engineering principles and traffic investigations.

(2) Standards, limitations, and rules promulgated by the Oregon Transportation Commission.

(3) Other recognized traffic control standards. [Ord. 425 § 6, 2018; Ord. 420 § 7, 2016. Formerly 6.15.070.]

6.15.070 Public danger.

Under conditions constituting a danger to the public, the public works supervisor or his or her designee may install temporary traffic control devices considered by the public works supervisor to be necessary. [Ord. 425 § 7, 2018; Ord. 420 § 6, 2016. Formerly 6.15.060.]

6.15.080 Authority of police and fire officers.

(1) It is the duty of any enforcement officer to enforce the provisions of this chapter.

(2) 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. 425 § 8, 2018; Ord. 420 § 8, 2016.]

Article III. General Regulations

6.15.090 Crossing private property.

No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision does not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. [Ord. 425 § 9, 2018; Ord. 420 § 9, 2016.]

6.15.100 Unlawful riding.

(1) No operator shall permit a passenger and no passenger shall ride on a vehicle on a street except on a portion of the vehicle designed or intended for the use of passengers. This provision does not apply to 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 on a street. [Ord. 425 § 10, 2018; Ord. 420 § 10, 2016.]

6.15.120 Damaging sidewalks and curbs.

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

(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 a device moved by a motor vehicle onto 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. [Ord. 425 § 11, 2018; Ord. 420 § 12, 2016.]

6.15.130 Removing glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be on a street shall remove the glass or other debris from the street. [Ord. 425 § 12, 2018; Ord. 420 § 13, 2016.]

6.15.140 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 in any way impedes

traffic or obstructs the view, except as is allowed by this or other ordinances of the city. [Ord. 425 § 13, 2018; Ord. 420 § 14, 2016.]

Article IV. Parking Regulations

6.15.150 Method of parking.

(1) 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.

(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 operator 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. [Ord. 425 § 14, 2018; Ord. 420 § 16, 2016.]

6.15.160 Prohibited parking or standing.

In addition to the state motor vehicle laws prohibiting parking, 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.

(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 30 consecutive minutes.

(3) No person shall store or permit to be stored on a street or other public property, without permission of the council, a motor vehicle for a period in excess of 72 hours. Failure to move a motor vehicle for a period of 72 hours shall constitute prima facie evidence of storage of a motor vehicle. [Ord. 425 § 15, 2018; Ord. 420 § 17, 2016.]

6.15.170 Prohibited parking.

No operator shall park and no owner shall allow a vehicle to be parked on 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 signage from the vehicle.

(4) Selling merchandise from the vehicle, except when authorized. [Ord. 425 § 16, 2018; Ord. 420 § 18, 2016.]

6.15.175 Regulating the parking of trucks, recreational vehicles, trailers, and boats.

(1) Except as provided in subsections (2) and (3) of this section, it shall be unlawful to park any motor truck, trailer, or boat upon streets within the city.

(2) This prohibition shall not apply to the following:

(a) Utility trucks, when parked at the location of utility installation, repair or maintenance work in progress;

(b) Mail trucks, when actually in use for the delivery of mail;

(c) Trucks of any kind when actually in use for the delivery or loading of material, products or property. When trucks are parked in the restricted area of the city, delivery or loading activities must be continuous with no break in such activities lasting for more than 30 minutes. In the event delivery or loading activity ceases for more than one hour, the truck shall be deemed to be parked in violation of this chapter;

(d) Semi-trucks and semi-truck trailers parked on West 1st Street or West 2nd Street for a period of less than 72 hours.

(3) Except as provided in Chapter 5.60 HMC, Public Camping, it shall be unlawful to park any recreational vehicle upon the streets within the city. [Ord. 446 § 2, 2023; Ord. 425 § 17, 2018.]

6.15.180 Use of loading zone.

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. When the hours applicable to the loading zone are in effect, the stop for loading and unloading shall not exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed 30 minutes. [Ord. 425 § 18, 2018; Ord. 420 § 19, 2016.]

6.15.190 Unattended vehicles.

When an enforcement officer finds 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 sheriff’s office. [Ord. 425 § 19, 2018; Ord. 420 § 20, 2016.]

6.15.220 Lights on parked vehicle.

No lights need be displayed upon a vehicle that is parked in accordance with this chapter on a street where there is sufficient light to reveal a person or object at a distance of at least 250 feet from the vehicle. [Ord. 425 § 21, 2018; Ord. 420 § 23, 2016.]

6.15.230 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. 425 § 22, 2018; Ord. 420 § 24, 2016.]

6.15.240 Exemption.

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

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

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

(3) A vehicle of a disabled person who complies with the provisions of ORS 811.062 to 811.637. [Ord. 425 § 23, 2018; Ord. 420 § 25, 2016.]

Article V. Bicycles

6.15.250 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 motor vehicle parking provisions. [Ord. 425 § 24, 2018; Ord. 420 § 26, 2016.]

6.15.260 Impounding of bicycles.

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

(2) A bicycle left on public property for a period in excess of 24 hours may be impounded by any enforcement officer.

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

(4) If a bicycle impounded under this chapter is registered, or other means of determining its ownership exist, the enforcement officer 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 that 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 (4) of this section, a fee of $10.00 shall be charged to the owner of a bicycle impounded under this section. [Ord. 425 § 25, 2018; Ord. 420 § 27, 2016.]

Article VI. Pedestrians

6.15.270 Pedestrians must use crosswalks.

No person shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk. [Ord. 425 § 26, 2018; Ord. 420 § 28, 2016.]

6.15.280 Right angles.

A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. [Ord. 425 § 27, 2018; Ord. 420 § 29, 2016.]

Article VII. Funeral Procession

6.15.290 Funeral procession.

(1) No permit is required for a funeral procession.

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

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

(4) All motor vehicles in the funeral procession shall be operated with their lights 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. [Ord. 425 § 28, 2018; Ord. 420 § 30, 2016.]

Article VIII. Parking Citations and Owner Responsibility

6.15.300 Citation on illegally parked vehicle.

When a vehicle without an operator is found parked in violation of a restriction imposed by this chapter or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle that may identify its owner, and shall attach a parking citation to the vehicle. The citation shall instruct the operator to answer to the charge or pay the penalty imposed, during specific hours, and at a specific place. [Ord. 425 § 29, 2018; Ord. 420 § 31, 2016.]

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

If the operator does not pay the penalty or fails to appear in court, then the municipal court will send a notice by mail to the operator notifying them that:

(1) They have failed to appear;

(2) A fee has been added to the presumptive fine;

(3) They must appear at the date specified in the notice;*

(4) Failure to appear shall result in a judgment in the amount specified in the notice. [Ord. 425 § 30, 2018; Ord. 420 § 32, 2016.]

* Code reviser’s note: The text “specified in the notice” was added to this subsection at the city’s request.

6.15.320 Owner responsibility.

The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner’s consent. [Ord. 425 § 31, 2018; Ord. 420 § 33, 2016.]

6.15.330 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. 425 § 34, 2018; Ord. 420 § 34, 2016.]

Article IX. Impoundment and Penalties

6.15.340 Impoundment of vehicles.

(1) The city delegates the authority to conduct vehicle impoundments within the city to the Linn County sheriff’s office. The Linn County sheriff’s office may impound a car under the following circumstances:

(a) It is parked in a manner or location that constitutes an obstruction to traffic or a hazard to public safety.

(b) It is abandoned, on public or private property.

(2) The city of Halsey hereby adopts the Linn County code provisions regulating impoundment set out in Sections 510.000 through 510.700 and Sections 525.005 through 525.250 of the Linn County Code. [Ord. 425 § 35, 2018; Ord. 420 § 35, 2016.]

6.15.350 Penalties.

(1) Violation of HMC 6.15.090 to 6.15.130 is punishable by fine not to exceed $500.00.

(2) Violation of HMC 6.15.140 to 6.15.290 is punishable by fine not to exceed $250.00.

(3) Violation of a provision identical to a state statute is punishable by fine not to exceed the penalty prescribed by the state statute. [Ord. 425 § 36, 2018; Ord. 420 § 36, 2016.]

6.15.360 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. 425 § 38, 2018; Ord. 420 § 38, 2016.]