Chapter 10.10 VEHICULAR AND PEDESTRIAN TRAFFIC

The present and future statutes of the state of Oregon governing the operation of motor vehicles as set forth in ORS Chapters 481, 482, 483, 484, 485, 486, and 487 are hereby made applicable within the corporate limits of the city of Hubbard as a city ordinance. (Ord. 1984-2 §§ 1, 2, 1984; Ord. 1981-3 § 2, 1981)

10.10.030 Definitions.

(1) In addition to those definitions contained in the Oregon Vehicle Code, except where the context clearly indicates otherwise, the following words and phrases mean:

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

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

“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 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.

“Street” means a highway, road or street, as defined in ORS 487.005(7).

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

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

“Vehicle,” as used in subsequent sections of this chapter, includes bicycles.

(2) As used in this chapter, the singular includes the plural and the masculine includes the feminine. (Ord. 1981-3 § 3, 1981)

Article II. Administration

10.10.040 Powers of the council.

(1) Subject to state laws, the city council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated herein 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 lengths for vehicles using city streets than specified by state law;

(g) Initiation of proceedings to change speed zones;

(h) Revision of speed limits in parks;

(i) Designation of certain streets as bridle paths and prohibition of horses and animals on other streets;

(j) Establishment, removal or alteration of the following classes of traffic controls:

(i) Crosswalks, safety zones and traffic lanes;

(ii) Intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies;

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

(iv) Loading zones and stops for vehicles;

(v) Traffic control signals;

(k) Temporary blocking or closing of streets;

(l) Establishment of bicycle lanes and paths and traffic controls for such facilities;

(m) Issuance of oversize or overweight vehicle permits. (Ord. 1981-3 § 4, 1981)

10.10.050 Duties of the police department.

The police department, through its officers, shall implement the ordinances, resolutions and motions of the council and the orders of the chief of police by installing, maintaining, removing and altering traffic control devices. Such installation shall be based on the standards contained in the “Oregon Manual on Uniform Traffic Control Devices for Streets and Highways.” (Ord. 1981-3 § 5, 1981)

10.10.060 Additional authority of police chief.

(1) Under conditions constituting a danger to the public, the police chief or the chief’s designee may install temporary traffic control devices deemed by the chief or the chief’s designee to be necessary.

(2) Notwithstanding any powers granted to the council by the provisions of this chapter, the police chief or the chief’s designee may approve or deny any request for the temporary blocking or closing of streets if, in the opinion of the chief or the chief’s designee, a decision on any such request must be made before the next regularly scheduled council meeting. (Ord. 347-2018 § 1; Ord. 1981-3 § 6, 1981)

10.10.070 Standards.

The regulations of the police chief 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. 1981-3 § 7, 1981)

10.10.080 Authority of police and fire officers.

(1) It shall be the duty of police officers to enforce the provisions of this chapter.

(2) In the event of a fire or other public emergency, officers of the police and fire department may direct traffic as conditions require, notwithstanding the provisions of this chapter. (Ord. 1981-3 § 8, 1981)

Article III. General Regulations

10.10.090 Crossing private property.

No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. 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. (Ord. 1981-3 § 9, 1981)

10.10.100 Unlawful riding.

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. (Ord. 1981-3 § 10, 1981)

10.10.110 Sleds on streets.

No person shall use the streets for traveling on skis, toboggans, sleds or similar devices, except where authorized. (Ord. 1981-3 § 11, 1981)

10.10.120 Damaging sidewalks and curbs.

(1) The operator of a motor 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. (Ord. 1981-3 § 12, 1981)

10.10.130 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 remove the glass and other debris from the street. (Ord. 1981-3 § 13, 1981)

10.10.140 Storage of motor vehicles on streets.

No person shall store or permit to be stored on a street or other public property, without permission of the council, a motor vehicle or personal property for a period in excess of 72 hours. Failure to move a motor vehicle or other personal property for a period of 72 hours shall constitute prima facie evidence of storage of a motor vehicle. (Ord. 1981-3 § 14, 1981)

10.10.145 Obstructing streets.

Except as provided by this chapter 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, 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 or signals.

(1) Portable basketball hoops are allowed, subject to the following conditions:

(a) Hoops must be placed next to curb or outer edge of the improved right-of-way in local residential streets and cul-de-sacs only, in such a manner that vehicular and pedestrian traffic is not obstructed;

(b) Persons using such hoops within the public street shall at all times yield the right-of-way to vehicular traffic as required by Oregon law;

(c) Hoops shall be removed from the public street when not in use. Hoops that are allowed next to curb or outer edge of the improved right-of-way in local residential streets and cul-de-sacs that are not in use are strongly recommended to be returned to private property; however, they are permitted to be stored on the curb as long as the hoop is not stored on the sidewalk and does not in any way prevent, interrupt or obstruct the free passage of pedestrian or vehicular traffic or obstruct a driver’s view of traffic control signs or signals.

(2) City Immunity from Liability. No recourse whatsoever shall be had or available against the city, its officers, employees or agents for damage, injury or loss to any person or property arising directly or indirectly out of the negligent or otherwise wrongful use, or supervision of use of any basketball hoop placed in the public right-of-way or for any act or omission in violation of this section. In consideration for the city allowing a person owning, possessing or having control of property that abuts the public right-of-way to maintain, inspect, use, or supervise the use of a basketball hoop placed in or alongside the public right-of-way, such person shall indemnify, defend and hold the city harmless against any claim, suit or action made against the city, its officers, employees and agents as a result of any person’s failure to satisfy any obligation imposed by this section. Nothing contained herein shall be construed as a conveyance, grant or transfer of a property interest or permanent private right in any public right-of-way. The city retains the right to revoke the privilege allowed under this section. (Ord. 333-2013; Ord. 284-2005 § 1)

10.10.150 Boarding or alighting from vehicles.

No person shall board or alight from a vehicle while the vehicle is in motion. (Ord. 1981-3 § 15, 1981)

Article IV. Parking Regulations

10.10.160 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 shall have priority to park in that space, and no other vehicle operator shall attempt to interfere.

(3) Whenever 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. 1981-3 § 16, 1981)

10.10.170 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 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) A motor truck, as defined by ORS 483.014(2), on a street between the hours of 9:00 p.m. and 7:00 a.m. of the following day in front of or adjacent to a residence, motel, apartment house, hotel or other sleeping accommodation;

(4) A vehicle or trailer on the westerly side of the Pacific Highway 99E in the city within 200 feet north and 200 feet south of its intersection with J Street. (Ord. 1981-3 § 17, 1981)

10.10.180 Prohibited parking.

No operator shall park and no owner shall allow a vehicle to be parked upon 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 advertising from the vehicle;

(4) Selling merchandise from the vehicle, except when authorized. (Ord. 1981-3 § 18, 1981)

10.10.190 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. 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. If no time limits are posted, then the use of the zone shall not exceed 30 minutes. (Ord. 1981-3 § 19, 1981)

10.10.200 Unattended vehicles.

Whenever a police 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 police station. (Ord. 1981-3 § 20, 1981)

10.10.210 Standing or parking of buses and taxicabs.

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 the taxicab outside a traffic lane while loading or unloading passengers. (Ord. 1981-3 § 21, 1981)

10.10.220 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. (Ord. 1981-3 § 22, 1981)

10.10.230 Lights on parked vehicle.

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 500 feet from the vehicle. (Ord. 1981-3 § 23, 1981)

10.10.240 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. 1981-3 § 24, 1981)

10.10.250 Exemption.

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. (Ord. 1981-3 § 25, 1981)

Article V. Bicycles

10.10.260 Bicycle registration.

No person who resides within the city shall ride or propel a bicycle on any street or public property unless such bicycle has been registered with the police department. The police department shall register a bicycle, providing that the applicant submits satisfactory proof of ownership of the bicycle and exhibits reasonable knowledge of safety rules. A $1.00 fee shall be charged for registering a bicycle.

(1) The police department shall inspect each bicycle before registering and shall refuse to register any bicycle which is determined to be in unsafe mechanical condition.

(2) Application for registration of a bicycle shall be made on a form provided by the police department and shall, among other things, contain the name and address of the owner of the bicycle. Upon registration and payment of the fee, the owner of the bicycle shall be assigned a registration number, which number shall appear on the bicycle license tag. The tag must be affixed to the bicycle.

(3) Upon the sale or other transfer of a registered bicycle, the registered owner may, upon proper application and without payment of a fee, have the registration assigned to the purchaser or to another bicycle owned by the applicant.

(4) Every person engaged in the business of buying secondhand bicycles in the city shall maintain a record of every bicycle purchased, giving the name and address of the person from whom purchased, a description of the bicycle by name and make, the frame number, and the registration number, if any, found thereon.

(5) No parent of a minor child and no guardian of a minor ward shall authorize or knowingly permit such minor child or ward to violate any of the provisions of this chapter. (Ord. 1981-3 § 26, 1981)

10.10.270 Bicycle 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 the provisions relating to the parking of motor vehicles.

(2) Not ride a bicycle upon a sidewalk within the city. (Ord. 1981-3 § 27, 1981)

10.10.280 Impounding of bicycles.

(1) No person shall 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 24 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. No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded.

(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.

(6) Except as provided in subsection (4) of this section, a fee of $2.00 shall be charged to the owner of a bicycle impounded under this section. (Ord. 1981-3 § 28, 1981)

Article VI. Pedestrians

10.10.290 Pedestrians must use crosswalks.

No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk. (Ord. 1981-3 § 29, 1981)

10.10.300 Right angles.

A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. (Ord. 1981-3 § 30, 1981)

Article VII. Parking Citations and Owner Responsibility

10.10.310 Citation on illegally parked vehicle.

Whenever 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 which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing 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. (Ord. 1981-3 § 31, 1981)

10.10.320 Failure to comply with traffic citation attached to parked vehicle.

If the operator does not respond to a traffic citation affixed to a vehicle within a period of five days, the police chief may send to the owner of the vehicle to which the traffic citation was affixed a letter informing the owner of the violation and warning him that, in the event that the letter is disregarded for a period of five days, a warrant for the arrest of the owner will be issued. (Ord. 1981-3 § 32, 1981)

10.10.330 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. 1981-3 § 33, 1981)

10.10.340 Registered owner presumption.

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 the defendant was then the owner in fact. (Ord. 1981-3 § 34, 1981)

Article VIII. Impoundment and Penalties

10.10.350 Impoundment of vehicles.

(1) Whenever a vehicle is placed in a manner or location that constitutes an obstruction to traffic or a hazard to public safety, a police officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner’s expense. The owner shall be liable for the costs of towing and storing, notwithstanding that the vehicle was parked by another or that the vehicle was initially parked in a safe manner but subsequently became an obstruction or hazard.

(2) The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the provisions of the ordinance of the city relating to impoundment and disposition of vehicles abandoned on the city streets.

(3) The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this chapter.

(4) Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner.

(5) Whenever a police officer observes a vehicle parked in violation of a provision of this chapter or state law, if the vehicle has four or more unpaid parking violations outstanding against it the officer may, in addition to issuing a citation, cause the vehicle to be impounded. A vehicle so impounded shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this subsection shall be disposed of in the same manner as is provided in subsection (2) of this section. (Ord. 1981-3 § 35, 1981)

10.10.360 Violation – Penalty.

(1) Violation of HMC 10.10.090 through 10.10.150 is punishable by fine not to exceed $150.00.

(2) Violation of HMC 10.10.160 through 10.10.300 is punishable by fine not to exceed $150.00.

(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. 1981-3 § 36, 1981)

10.10.370 Police training assessment.

(1) Whenever the Hubbard municipal court imposes a fine or orders forfeiture for a traffic violation, a police training assessment in an amount of $5.00 shall be imposed in addition to the amount of the fine or forfeiture.

(2) Proceeds from the payment of police training assessments shall be used for Hubbard police department training.

(3) The Hubbard city council determines the police training assessment does not constitute a tax under the Oregon Constitution and is not subject to the property tax limitation of Article XI, Section 11(b). (Ord. 301-2008 §§ 1, 2, 3, 2008)