CHAPTER 70
General Provisions
Section
70.03 Powers of City Council as to traffic authority
70.04 Authority of police, code officials and fire officers
70.05 Application of provisions to emergency vehicles
70.06 Illegal cancellation of traffic citations
70.07 Seizure and impoundment of motor vehicles
70.01 TITLE.
Chapters 70, 71, and 72 of this Code of Ordinances may be cited as the Hermiston Traffic Code.
(Ord. 1759, passed 3-23-92; Am. Ord. 2050, passed 12-10-01)
70.02 DEFINITIONS.
Except where the context clearly indicates or requires a different meaning, the definitions contained in the Motor Vehicle Laws of Oregon shall be used where applicable in the Hermiston Traffic Code.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21)
Statutory reference:
Oregon Motor Vehicle Code, see ORS Chs.801 through 823
70.03 POWERS OF CITY COUNCIL AS TO TRAFFIC AUTHORITY.
To the fullest extent provided for in state law and the City Charter, the City Council shall exercise all local traffic authority for the city except those powers expressly delegated by this Traffic Code or another ordinance. The powers of the City Council include, but are not limited to:
(A) Regulating the parking and standing of vehicles by:
(1) Classifying portions of streets upon which either parking or standing or both shall be prohibited, or is prohibited during certain hours.
(2) Establishing the time limit for legal parking in limited parking areas.
(3) Designating the angle of parking if other than parallel to the curb.
(4) Designating city owned or leased property on which public parking will be permitted.
(B) Designating through streets and one-way streets.
(C) For trucks exceeding specified weights, designating streets to which they shall be restricted and streets on which they are prohibited.
(D) Regulating use of traffic control signals and the time of their duration.
(E) Designating bus stops, bus stands, taxicab stands and stands for other passenger common carrier vehicles.
(F) Designating loading zones.
(G) Adopting turn regulations at intersections and driveways.
(H) Establishing marked pedestrian crosswalks and safety zones.
(I) Imposing special speed regulations in city parks.
(Ord. 1759, passed 3-23-92; Am. Ord. 2072, passed 7-28-03; Am. Ord. 2329, passed 11-8-21)
70.04 AUTHORITY OF POLICE, CODE OFFICIALS, AND FIRE OFFICERS.
(A) It shall be the duty of the Police Department, through its officers, to enforce the provisions of this Traffic Code.
(B) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of this Traffic Code.
(C) Members of the Fire District, when at the scene of a fire, or other public emergency may direct or assist the police in directing traffic in the immediate vicinity of the scene as conditions may require notwithstanding the provisions of this Traffic Code.
(D) It shall be the duty of the Code Enforcement Department, through its code officials, to enforce the provisions of this Traffic Code.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21)
70.05 APPLICATION OF PROVISIONS TO EMERGENCY VEHICLES.
The provisions of this Traffic Code regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles except as provided by the Motor Vehicle Laws of Oregon, and as follows:
(A) A driver, when operating such vehicle in an emergency, except when otherwise directed by a police officer or other authorized person, may park or stand notwithstanding the provisions of this Traffic Code.
(B) A driver of a Police Department or Fire District vehicle, when operating such vehicle in an emergency, may disregard regulations governing turning in specified directions.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21)
Statutory reference:
Oregon Motor Vehicle Code, see ORS Chs. 801 through 823
70.06 ILLEGAL CANCELLATION OF TRAFFIC CITATIONS.
It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner except where approved by the municipal judge if cited to court or the Code Hearings Officer if cited to the Code Hearings Officer and through appropriate legal proceedings.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21)
70.07 SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES.
(A) Subject to subsection (B) of this section, a police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this section, may, without prior notice, order the vehicle impounded until a person with the right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a court or hearings officer. This section applies to the following offenses:
(1) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.
(2) Driving while under the influence of intoxicants in violation of ORS 813.010.
(3) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.
(4) Driving uninsured in violation of ORS 806.010.
(B) A vehicle shall not be towed or impounded under subsection (A) of this section if:
(1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left in the parked location.
(2) When the arrestee or a passenger is the registered or legal owner of the vehicle and requests that the vehicle be released to a person who is present, willing and able to legally take control of the vehicle.
(3) The vehicle is legally parked at a time and place where the likelihood of it being subject to theft or vandalism is remote and traffic or public safety is not impeded.
(C) Impoundment proceedings and release shall be done in accordance with ORS 809.716, 809.720, 809.725, and 819.180 as supplemented below:
(1) All vehicles shall be towed by a licensed tow company under contract with the city and impounded in a storage site operated by the towing company.
(2) The owner of the impounded vehicle, or the owner’s authorized agent, may reclaim such vehicle upon providing proof of ownership, proof of compliance with the financial responsibility laws of the Oregon Motor Vehicle Code, lawful ability to drive the vehicle or other arrangements for transport, and the payment of a towing bill, an impound fee and storage fees on a per day basis commencing with the date of impoundment, all as established by resolution of the City Council.
(3) If the vehicle is not reclaimed within 30 days from the date of impoundment, then such vehicle shall be disposed of by the towing storage company under contract with the city pursuant to ORS 819.110 to 819.215.
(4) A person claiming entitlement to lawful possession of a vehicle towed or impounded under this section may appeal the towing or impoundment pursuant to Chapter 136. In addition to any other relevant information, all reasons in subsection (A) of this section for impounding or towing the motor vehicle, and all defenses provided in subsection (B) of this section may be raised at the hearing and any notice of the reason for impound may be amended to conform to the evidence.
(5) Nothing in this chapter prohibits the impoundment and towing of vehicles as evidence or otherwise authorized by law in conjunction with a criminal investigation or prosecution.
(Ord. 1883, passed 6-12-95; Am. Ord. 2082, passed 4-12-04; Am. Ord. 2158, passed 7-13-09; Am. Ord. 2329, passed 11-8-21)
70.99 PENALTY.
(A) Violation of this Traffic Code is a Class D violation.
(B) The following violations are Class B violations:
(1) § 71.01, Permits required for parades.
(2) § 71.06, Operating trucks over city streets.
(3) § 72.06, Storage and parking of trucks, trailers, and the like.
(4) § 72.09, Parking and using recreational vehicles for sleeping or living purposes outside recreational vehicle parks.
Each day any violation continues shall be treated as a separate offense. Violation of a provision of this Traffic Code which is identical to state law shall be punishable by a fine not to exceed the penalty prescribed by the state statute.
(Ord. 1759, passed 3-23-92; Am. Ord. 1976, passed 10-26-98; Am. Ord. 2329, passed 11-8-21; Am. Ord. 2353, passed 1-22-24)