CHAPTER 72
Parking Regulations
Section
72.03 Parking prohibited in certain locations
72.04 Parking in loading zones
72.05 Standing or parking buses and taxicabs
72.06 Storage and parking of trucks, trailers and the like
72.08 Exemption for certain vehicles
72.10 Parking citation procedure
72.01 UNLAWFUL MARKING.
Except as provided by this Traffic Code, it shall be unlawful for any person, except city personnel authorized to do so, to letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb or other portion of the street, or to post anything designed or intended to prohibit or restrict parking on any street.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21) Penalty, see § 70.99
72.02 METHOD OF PARKING.
(A) No person shall stand or park a vehicle in a street or public lot other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking.
(B) Where parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within a single marked space.
(C) Whenever the owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the Fire District has been summoned, they shall immediately remove such vehicle from the area unless otherwise directed by police or fire officers.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21) Penalty, see § 70.99
72.03 PARKING PROHIBITED IN CERTAIN LOCATIONS.
In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall park a vehicle:
(A) Upon any bridge, viaduct or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs.
(B) In any alley except to load or unload persons or materials not to exceed 30 minutes.
(C) Upon any street or public property for the principal purpose of:
(1) Displaying such vehicle for sale.
(2) Greasing or repairing such vehicle except repairs necessitated by an emergency.
(3) Selling merchandise from such vehicle except in a duly established marketplace or when so authorized or licensed under the ordinances of this city.
(4) Storage or as junk or dead storage for more than 72 consecutive hours.
(D) Upon any parkway except where specifically authorized.
(E) In front of a public or private drive.
(F) Within ten feet of a fire hydrant.
(G) Within 15 feet of the driveway entrance of a fire station.
(H) Within the single space markings of city owned or leased property upon which public parking is permitted if the size or shape of the vehicle makes compliance impossible.
(I) In a space reserved for disabled persons which would constitute a violation of ORS 811.615.
(J) In front of any United States Postal Service owned mailbox or receptacle.
(K) Upon any street or public property that has been closed for vehicular use by the city or by a permit issued by the city.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21; Am. Ord. 2353, passed 1-22-24) Penalty, see § 70.99
Statutory reference:
Oregon Motor Vehicle Code, see ORS Chs. 801 through 823
72.04 PARKING IN LOADING ZONES.
(A) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials, freight or passengers in any place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. In no case shall the stop in a loading zone, during loading zone hours, exceed 30 minutes.
(B) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21) Penalty, see § 70.99
72.05 STANDING OR PARKING BUSES AND TAXICABS.
(A) The driver of a bus or taxicab shall not stand or park such vehicle upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers.
(B) No person shall stop, stand or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab about to enter or using such zone.
(Ord. 1759, passed 3-23-92) Penalty, see § 70.99
72.06 STORAGE AND PARKING OF TRUCKS, TRAILERS AND THE LIKE.
(A) It shall be unlawful for any person, firm or corporation owning or having control of any truck or trailer in excess of 10,000 pounds gross weight or any truck power unit or tractor to park the same upon any street, alley, parking strip, avenue or public way in any residential area of the city or adjacent to any residence, church, school, hospital, multiple dwelling, park or playground in any area of the city. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in the city for the actual loading or unloading of goods, wares or merchandise; provided, however, that "loading" or "unloading" as used in this section shall be limited to the actual time consumed in such operation. In addition thereto, the provisions of this section shall not be deemed to prohibit minor repairs on any such vehicles described above wherein total lapsed time in making such repairs does not exceed eight hours duration. The parking of any equipment under authority of this section shall, in no event, be within 20 feet of the intersection of property lines at any intersection, except alleys.
(B) It shall be unlawful for any person, firm or corporation owning or having control of any bus or a vacation house trailer, camper, boat and/or boat trailer, motor home, tent trailer, utility trailer or any motorized or unmotorized vehicle undergoing repairs while incapable of being moved by its own power source to park the same upon any streets or on any parking strip, avenue or public way within the city for longer than 72 hours.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21) Penalty, see § 70.99
72.07 OBSTRUCTING STREETS.
Except as provided by this Traffic Code or any other ordinance of the city, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb any article or thing or material which in any way prevents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver’s view of traffic-control signs and signals.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21) Penalty, see § 70.99
72.08 EXEMPTION FOR CERTAIN VEHICLES.
(A) The provisions of this Traffic Code regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work on the street or any vehicle used by the United States Postal Service while in use for the collection, transportation or delivery of mail.
(Ord. 1759, passed 3-23-92; Am. Ord. 2329, passed 11-8-21; Am. Ord. 2353, passed 1-22-24)
72.09 PARKING AND USING RECREATIONAL VEHICLES FOR SLEEPING OR LIVING PURPOSES OUTSIDE RECREATIONAL VEHICLE PARKS.
(A) "Recreational vehicle" means a vehicle with or without motive power, which is designed for human occupancy and is to be used temporarily for recreational, seasonal, or emergency purposes.
(B) Except in a recreational vehicle park, it shall be unlawful to park any recreational vehicle on any public way, road, street, or place within the city while using it for sleeping or living purposes for any period of time exceeding three hours except in residential neighborhoods where the period of time will not exceed 24 hours.
(C) Except in a recreational vehicle park, it shall be unlawful to park any recreational vehicle within the city while using it for sleeping or living purposes for any period of time exceeding seven days within the last six months.
(D) Notwithstanding subsections (B) and (C) of this section, for construction, reconstruction, or remodeling of a public or private nonprofit social service, community, religious, or recreational facility (hereinafter referred to as "project"), recreational vehicles may obtain a permit from the city to be parked for sleeping or living purposes at or on adjacent property to the project in excess of seven days in conjunction with a project until the completion of the project or six months, whichever is less; provided, that the following requirements are met, which the applicant(s) must accept as conditions of the permit:
(1) The property owner and the person or agent in charge of the project, if the two are different, submit a complete application for the exemption permit together with a basic site plan (scale drawing not necessary); written consent to the parking of recreational vehicles for sleeping or living purposes at or near the project from all property owners and residents adjacent to the project site; and sign a release allowing access by city officials to the project site and the location of the recreational vehicles for the purposes of inspection and enforcement of the terms and conditions of the permit, including towing of the recreational vehicles and removal of temporary sewer and water service connections if found to be in violation of the permit.
(2) The exemption permit must be issued before the recreational vehicles are used for sleeping or living purposes in conjunction with the project.
(3) Recreational vehicles used for sleeping and living purposes, in conjunction with a project, must be parked at the location indicated in the exemption permit. Upon expiration of the exemption permit, all recreational vehicles must be removed from the project site, whether they are used for sleeping or living purposes or not.
(4) The recreational vehicles must either be self-contained, with all grey water and/or sewage disposed of at an appropriate disposal location in accordance with state regulations or be lawfully connected to a temporary connection for city sewer.
(5) If temporary connections for city sewer and water service are used, they must be installed in accordance with all applicable state codes and city regulations at the expense of the property owner and/or the person or agent in charge of the project. All temporary connections must be removed upon expiration of the exemption permit. (SDC charges will not be assessed on the temporary connections.)
(6) The recreational vehicles must meet all requirements of the Hermiston Code of Ordinances.
(E) The City Manager or designee is hereby delegated the general authority to issue the exemption permits authorized herein, including the preparation of the forms for the applications and permits, and the terms and conditions thereof.
(F) The maximum number of permits that may be issued under subsection (D) of this section is for six recreational vehicles.
(G) A person commits the offense of "filing a false application for an RV parking permit" if the application contains false information. The offense described in this section is a Class A violation. In addition, the exemption permit may be immediately revoked at the discretion of the City Manager or designee.
(H) A person commits the offense of "violating an RV parking exemption permit" if the property owner or person in charge of the project, or any agent thereof, or any person using the recreational vehicles violates the terms of the exemption permit or any provisions of this section. The offense described in this section is a Class A violation. In addition, the exemption permit may be immediately revoked for violation of the permit or if a public safety issue arises, at the discretion of the City Manager or designee.
(I) Upon completion of the project or six months, whichever is sooner, the recreational vehicle(s) must be removed by the owner or occupant(s) of the recreational vehicles or by the property owner or agent in charge of the construction.
(J) A recreational vehicle located on city property in violation of this section may be towed. A recreational vehicle located on private property in violation of this section is a public nuisance and may be abated, including removal by the city as provided in Chapter 92. In either event, the costs of towing or removal shall be borne by the owner, occupants, property owner or other responsible person. The City Manager or designee shall maintain an accurate record of the cost incurred by the city in removing the recreational vehicle, including any attorney fees, whether or not any legal action is filed, and shall include therein an overhead charge of 10% of the total cost for administration. The total cost, including the administrative overhead, shall be a debt due and owing the city and may be collected as provided by law, including being assessed to the property in the same manner as for abating a nuisance.
(K) Upon expiration of the exemption permit or project completion, whichever is first, all temporary sewer and water service connections must be removed by the property owner and the person or agent in charge of the project. If not so removed, the City Manager or designee may disconnect or remove any connections on city property at the expense of the property owner and the person or agent in charge of the project.
(L) The City Manager or designee shall maintain an accurate record of the cost incurred by the city in removing the temporary sewer and water connections, including any attorney fees, whether or not any legal action is filed, and shall include therein an overhead charge of 10% of the total cost for administration. The total cost, including the administrative overhead, shall be a debt due and owing the city and may be collected as provided by law, including being assessed to the property in the same manner as for abating a nuisance.
(M) Any vehicle subject to tow under this section shall be posted at least 24 hours in advance, unless presenting an immediate risk to public safety. The registered owner or operator shall be liable for all expenses incurred. Post-tow notice shall be provided in the manner set forth in ORS 819.180. Sections 70.07(C)(1) through (4) shall apply to all such tows.
(N) Fees for permits issued under subsection (D) of this section may be set by resolution of the City Council.
(O) The restrictions of this section do not apply to recreational vehicles used in conjunction with seasonal sales requiring on-site security between the dates of June 20 through July 5, and November 20 through December 26 of each year.
(Ord. 1759, passed 3-23-92; Am. Ord. 2046, passed 10-22-01; Am. Ord. 2048, passed 11-26-01; Am. Ord. 2049, passed 12-10-01; Am. Ord. 2053, passed 2-25-02; Am. Ord. 2329, passed 11-8-21)
72.10 PARKING CITATION PROCEDURE.
(A) Citation procedure for certain parking violations. In lieu of personal delivery of a citation on person committing a violation of this Traffic Code, the citing authority may issue a parking violation notice pursuant to and in accordance with the procedures set forth in ORS 221.333 and Chapter 138. The citation shall instruct the operator to appear on the alleged violation by a set time and date at the Municipal Court.
(B) Registered owner subject to prosecution. The registered owner of a vehicle receiving a parking violation citation issued pursuant to this section shall be presumed to be the owner in fact of the vehicle at the time of the citation’s issuance and to be the operator or person in control of the vehicle at the time of the violation. The registered owner of any vehicle may overcome the presumption by presenting sufficient evidence that at the time the violation notice was issued the vehicle’s use was not authorized by the owner, either expressly or by implication.
(Ord. 2046, passed 10-22-01; Am. Ord. 2329, passed 11-8-21; Am. Ord. 2353, passed 1-22-24)
72.11 TOWING.
Unless otherwise provided in this chapter, any vehicle parked upon any street, avenue, parking strip or public way within the city in violation of this chapter may be towed and impounded. The registered owner or operator shall be liable for all expenses incurred. Post-tow notice shall be provided in the manner set forth in ORS 819.180. Sections 70.07(C)(1) through (4) shall apply to all such tows.
(Ord. 2353, passed 1-22-24)