Chapter 10.05 VEHICLE AND PEDESTRIAN TRAFFIC

1. Adoption of Oregon Vehicle Code. ORS Chapters 801 through 822, as constituted on January 2, 2015, are adopted by reference. Violation of an adopted provision of those chapters is an offense against the City of Harrisburg.

2. Adoption of Procedural Statutes. The procedures applicable to the prosecution of traffic offenses as contained in the Oregon Revised Statutes, as constituted on January 2, 2015, 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 Harrisburg shall prevail. [Ord. 933 § 1 (Exh. A), 2015.]

10.05.020 Definitions.

In addition to definitions in the Oregon Vehicle Code, the following mean:

“Bus stop” means a roadway space designated by sign for use by buses to load or unload passengers.

“Holiday” means New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the governing body to be a holiday.

“Inoperable vehicle” means a vehicle, or major parts of a vehicle, that cannot be driven on a public street because of problems such as body damage, engine or transmission problems, missing parts, flat tire, or expired license plates.

“Loading zone” means a roadway space designated by sign for loading or unloading passengers or materials during specified hours of specified days.

“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.

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

“Street” means a highway, road or street as defined in ORS 801.110, 801.305, and 801.450, including the entire width of the right-of-way.

“Taxicab stand” means a roadway space designated by sign for taxicab use.

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

“Trailer” means an unpowered vehicle towed by another, including storage containers; e.g., POD, UNIbin. [Ord. 969 § 1 (Exh. A), 2019; Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.030 Powers of the governing body.

1. Subject to State laws, the governing body shall exercise all local traffic authority for the City of Harrisburg except those powers expressly delegated by this chapter or another ordinance.

2. The powers of the governing body include, but are not limited to:

a. Designation of through streets.

b. Designation of one-way streets.

c. Designation of truck routes.

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 or excess traffic.

f. Authorization, by resolution, of greater maximum weights or lengths than specified by State law for vehicles using City streets or County roads.

g. Initiation of proceedings to change speed zones.

h. Revision of speed limits in parks.

i. Temporary closure or blocking of streets. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.040 Powers of Public Works Director.

The Public Works Director or designee, for the best use of the streets in the public interest, shall exercise the following powers based on standards contained in the Manual on Uniform Traffic Control Devices for Streets and Highways and the Oregon Supplements, and exercise the following duties:

1. Designate where traffic control signals or traffic signs shall be placed and the time of operation of such signals or signs.

2. Designate and cause to be placed or maintained appropriate signs, marks or lines for:

a. Crosswalks and intersections where deemed necessary for pedestrian safety.

b. Intersection where drivers of vehicles shall not make right, left or U-turns and the time when the prohibition applies.

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

d. Traffic control signals.

e. Safety zones of such kind and character and at such places as deemed necessary for pedestrian safety.

3. Temporarily close or block streets.

4. Establish bicycle lanes and paths and traffic controls for such facilities. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.050 Public danger.

Under conditions constituting a danger to the public, the Public Works Director or his designee may install temporary traffic control devices deemed to be necessary. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.060 Standards.

The regulations of the Chief of Police or his designee shall be based upon:

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. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.070 Authority of law enforcement and fire officers.

If a fire or other public emergency occurs, officers of the Law Enforcement and Fire Departments may direct traffic as conditions require, notwithstanding the provisions of this chapter. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.080 Crossing private or public property.

The operator of a vehicle shall not proceed from one street to an intersecting street by leaving the roadway and crossing private or public property. This provision does not apply to the operator of a vehicle who stops on the property to procure or provide goods or services. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.090 Unlawful riding.

1. The operator of a vehicle shall not permit a passenger to, and no passenger shall, ride on a vehicle on a street except within a part of the vehicle designed or intended for the use of passengers. This provision does not apply to an employee engaged in the discharge of a duty or to a person riding within a truck body in space intended for merchandise.

2. No person shall enter or exit a vehicle while the vehicle is in motion on the street. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.100 Roller skates, skateboards, sleds.

No person shall:

1. Use roller skates or skateboards on sidewalks in a designated business district or on streets.

2. Use streets for traveling on skateboards, roller skates, skis, toboggans, sleds, or similar devices except to cross at a crosswalk. When crossing at a crosswalk, such person shall have all rights and shall be subject to all duties applicable to pedestrians. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.110 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 an authorized permanent or temporary driveway.

2. 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 by ordinance. A person who causes damage shall be responsible for the cost of repair. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.120 Removing glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall be held responsible for the cost of removing such debris by City employees. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.130 Certain brakes prohibited.

With the exception of use during an emergency situation, no person shall use unmuffled exhaust brakes, jake brakes or similar noise-producing stopping devices within the City limits. [Ord. 951 § 1 (Exh. A), 2017; Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.140 Method of parking.

1. When on a public street or public lot, no person shall park or stand a vehicle other than in the direction of the traffic flow and in such a manner that the front vehicle tire closest to the curb is located within 12 inches of the curb and within a single marked space, unless the size or shape of the vehicle makes compliance impossible.

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

3. When 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 the vehicle from the area unless directed otherwise by police or fire officers. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.150 Prohibited parking or standing.

No person shall park or stand:

1. A vehicle in violation of the Oregon Vehicle Code or in violation of a parking limitation device.

2. 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 minutes.

3. A vehicle on a public street or other public property for the principal purpose of:

a. Displaying the vehicle for sale;

b. Repairing or servicing the vehicle, except while making repairs necessitated by an emergency;

c. Displaying temporary advertising from the vehicle; or

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

4. A motor vehicle on a public street or on public property:

a. For more than 48 hours without moving at least two-tenths of a mile if it is not parked adjoining the address shown on the registration for the vehicle; or

b. For more than 14 days without moving at least one mile if it is otherwise legally parked adjoining the address shown on the registration for the vehicle.

5. An inoperable vehicle on a public street or public property for a period of more than 24 hours.

6. A recreational vehicle or any kind of trailer on a public street or public property for a period of more than 24 hours without moving a distance of at least two-tenths of a mile.

7. A motor vehicle, recreational vehicle, or trailer for the purpose of sleeping or housekeeping purposes, except where provision is made for the removal of wastewater and it is parked:

a. Within an approved recreational vehicle park; or

b. On the premises of a private residence and with the consent of the occupant of the residence; provided, that such use is limited to not more than 30 days in any 90-day period; or

c. On private property with the consent of the resident of the property and with the approval of the City Council. A special temporary permit may be issued for up to 90 days to alleviate a temporary housing hardship which cannot otherwise be satisfied. Such approval may be subject to any conditions which the City Council deems appropriate to maintain public safety and community aesthetics. In addition, any such permit may be revoked upon 10 days’ notice by the City Council. A special temporary permit can be renewed upon application to the City Council.

(1) Notice of hearing for special temporary permit shall be provided to neighboring property owners and residents within 100 feet of the subject site.

8. A vehicle in front of and 10 feet on either side of a mailbox(es) during the hours of 8:00 a.m. and 5:00 p.m., except on Sundays and Federal holidays. [Ord. 969 § 1 (Exh. A), 2019; Ord. 949 § 1 (Exh. A), 2017; Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.160 Truck route and truck parking.

1. No person shall operate a motor truck as defined in ORS 801.355 on a public street except:

a. On streets adjoining property that is zoned M-1 or M-2; or

b. On streets that are necessary to accomplish a delivery or pickup; or

c. On streets that have been designated as truck routes. The following streets are hereby designated truck routes:

(1) Highway 99E (3rd Street);

(2) Territorial Street, between 3rd and the easterly City limits;

(3) Seventh Street, between Territorial and Diamond Hill Road;

(4) Diamond Hill Road, from 7th Street to easterly City limits;

(5) South 6th Street, from LaSalle Street to south City limits;

(6) LaSalle Street, between 3rd and South 6th Street;

(7) Peoria Road;

(8) Second Street, South of Highway 99E;

(9) Sommerville Avenue, between South 2nd Street and the BNRR tracks;

(10) Priceboro Road.

2. An exception is granted to subsection (1) of this section for motor trucks and trailers that do not exceed 40,000 pounds and that depart from the designated truck route for the purpose of driving to the operator’s or owner’s private residence for overnight purposes or minor repairs under the following conditions:

a. The party has obtained a valid Harrisburg business license which meets the home occupation standards, prohibited uses, and action regarding complaints and violation of standards, as outlined in HMC 5.05.050;

b. The City Recorder has approved:

(1) The route and method of travel;

(2) The dates and time of day of the travel;

(3) The location of the property to be used for parking (not in the right-of-way);

(4) The purpose for which the travel and stay are intended; and

(5) If repairs are intended, the type of repairs, the equipment to be used in the repairs and the duration of the repairs; and

c. A copy of the citizen comments and City approval of specified items/conditions shall be attached to the business license. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.170 Use of loading zone.

No person shall park or stand a vehicle in a place designated as a loading zone when the hours applicable to that loading zone are in effect for any purpose other than loading or unloading persons or material. Such a stop shall not exceed the time limits posted. If no time limits are posted, use of the zone shall not exceed 30 minutes. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.180 Authorized emergency vehicles.

1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to, but not returning from, a fire alarm, may park or stand irrespective of the provisions of this chapter.

2. This section shall not relieve drivers of authorized emergency vehicles from the duty to park or stand with regard for the safety of all persons. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.190 Lights on parked vehicle.

No lights need be displayed on 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 500 feet from the vehicle. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.200 Extension of parking time.

Where maximum parking time limits are designated, moving a vehicle to another parking space within the same block shall not extend the time limits for parking. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.210 Exemptions.

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

1. A City, County, State or public utility vehicle being used for public works maintenance, construction or repair work.

2. A vehicle owned by the United States being used for collection, transportation or delivery of mail.

3. A vehicle of a disabled person who complies with the provisions of ORS 801.235 and 811.602 through 811.640. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.220 Bicycle operating rules.

In addition to observing other applicable provisions of this chapter and State law pertaining to bicycles, no person shall:

1. Leave a bicycle other than in a bicycle rack. If no rack is provided, the person shall leave the bicycle so that it does not obstruct a roadway, sidewalk, driveway, or building entrance. A bicycle shall not be left in violation of motor vehicle parking provisions.

2. Leave a bicycle secured to a tree, fire hydrant, or police or fire call box.

3. Leave a bicycle in violation of a motor vehicle parking provision.

4. Leave a bicycle on private property without consent of an owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited.

5. Leave a bicycle on a stand or other public property for more than 24 hours. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.230 Impounding bicycles.

1. A bicycle left on a street or other public property for more than 24 hours may be impounded by the Sheriff’s Department.

2. A bicycle parked in violation of this chapter that also obstructs or impedes pedestrian or vehicle traffic or otherwise endangers the public may be immediately impounded by a law enforcement officer, in addition to any citation issued.

3. If a bicycle impounded under this chapter is licensed, or other means of identifying its ownership exist, the Sheriff’s Department shall make reasonable efforts to notify the owner. No impoundment fee shall be charged to the owner of a stolen bicycle that has been impounded.

4. Except as provided in subsection (3) of this section, a fee of $50.00 shall be charged to the owner of a bicycle impounded under this section.

5. A bicycle impounded under this chapter that remains unclaimed after 90 days shall be disposed of in accordance with City of Harrisburg procedures for disposal of abandoned or lost personal property. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012.]

10.05.240 Parades – Prohibited activity.

No person shall organize or participate in a parade that may disrupt or interfere with traffic without obtaining a permit. A parade permit shall be required for a procession using the public right-of-way that consists of 10 or more persons or five or more vehicles. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.260.]

10.05.250 Parade permit.

1. Application for a parade permit shall be made to the City Recorder at least 30 days before the date of the parade unless the time limit is waived by the City Council.

2. The application shall be signed by the person designated as chairperson of the parade and shall include the following:

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

b. The date of the parade.

c. The desired route, including assembling and dispersal points.

d. The number of persons, vehicles and animals that will participate.

e. The proposed starting and ending time.

f. An approved permit from the State Department of Transportation, if the parade crosses or uses Highway 99E. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.270.]

10.05.260 Issuance or denial of permit.

1. The City shall issue a parade permit where the City Council finds that the application meets the following criteria:

a. The time, route and size of the parade shall not disrupt the movement of other traffic to an unreasonable extent.

b. The parade shall not cause trash or debris to be left on the City’s right-of-way. Any trash or debris created from the parade is the responsibility of the applicant.

c. The parade shall not interfere with another parade or other activity for which a permit has been issued.

d. The applicant agrees to abide by or comply with all conditions of the permit.

2. If one or more of the criteria listed in subsection (1) of this section, other than subsection (1)(d) of this section, exists, the City Council may include conditions of approval on the permit that are necessary to satisfy the criteria, including but not limited to:

a. Requiring an alternate date.

b. Requiring an alternate route.

c. Restricting the size of the parade.

3. The City shall notify the applicant of the decision within five days after receipt of the application. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.280.]

10.05.270 Parade offenses.

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 in the parade. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.290.]

10.05.280 Permit revocable.

The City Recorder may revoke a parade permit if circumstances clearly show that the parade no longer can be conducted consistent with public safety. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.300.]

10.05.290 Funeral processions.

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. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.310.]

10.05.300 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 note the license number and any other information displayed on the vehicle that may identify the 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. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.320.]

10.05.310 Failure to comply with parking citation.

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

a. They have failed to appear;

b. A fee has been added to the presumptive fine;

c. They must appear at the date and time provided in the notice; and

d. Failure to appear shall result in a judgment in the amount specified in the notice.

2. If the vehicle has five or more outstanding citations or $50.00 or more in unpaid fines, it may be impounded, and an impounded vehicle shall not be released until all outstanding fines and charges are paid. [Ord. 946 § 2, 2016; Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.330.]

10.05.320 Owner responsibility.

The owner of a vehicle that is in violation of a parking restriction shall be responsible for the offense unless the operator used the vehicle without the owner’s consent. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.340.]

10.05.330 Registered owner presumption.

In a proceeding charging violation of a parking restriction against a vehicle owner, proof that the vehicle was registered to the defendant at the time of the violation constitutes a presumption that the defendant was the owner. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.350.]

10.05.340 Impoundment of vehicles.

1. Disposition of a vehicle towed and stored under provisions of State law for the removal of hazardous vehicles shall be in accordance with provisions of State law or Chapter 10.15 HMC.

2. Impoundment of a vehicle does not preclude issuance of a citation for violation of a provision of this chapter.

3. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.360.]

10.05.350 Penalties.

1. Violation of HMC 10.05.080 through 10.05.120 is punishable by fine not to exceed $100.00.

2. Violation of HMC 10.05.130 through 10.05.190 is punishable by fine not to exceed $50.00. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.370.]

10.05.360 Severability clause.

The sections and subsections of this chapter are severable. The invalidity of a section or subsection shall not affect the validity of the remaining sections and subsections. [Ord. 933 § 1 (Exh. A), 2015; Ord. 928 § 1 (Exh. A), 2015; Ord. 907 § 4, 2012; Ord. 906 § 1, 2012. Formerly 10.05.380.]