Chapter 10.08
ADMINISTRATION
Sections:
10.08.010 Powers of the city council.
10.08.020 Implementation of regulations.
10.08.030 Public danger – Installation of temporary traffic-control devices.
10.08.040 Standards for regulations.
10.08.050 Authority of police and fire officers.
10.08.060 Existing control devices and markings authorized.
10.08.070 Inventory of impounded or seized vehicle.
10.08.010 Powers of the city council.
A. Subject to state laws, the city council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated by this title or another ordinance.
B. The powers of the council, which may be exercised by resolution, include, but are not limited to:
1. Designation of through streets;
2. Designation of one-way streets;
3. Designation of truck routes;
4. Designation of parking meter zones;
5. Designation of certain streets as bridle paths and prohibition of horses and animals on other streets, parks or property;
6. Authorization of greater maximum weights or lengths for vehicles using city streets than specified by state law;
7. Initiation of proceedings to change speed zones;
8. Establishment and revision of speed limits and traffic regulations in parks;
9. Temporary blocking or closing of streets;
10. Establishment of bicycle lanes and paths and traffic controls for such facilities;
11. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage;
12. Authorization of issuance of oversize or overweight vehicle permits;
13. Establishment, maintenance, removal or alteration of 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 such prohibitions apply,
c. Parking, including but not limited to truck parking areas, parking for disabled persons, parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal), prohibited parking areas (one or both sides of the street), parking permits and metered parking,
d. Loading zones and stops for vehicles,
e. Traffic-control signals.
C. Engineering Basis for Decisions. In exercising its municipal traffic authority pursuant to this chapter, the city council or its designee shall be guided by adopted street design and constructions standards, including but not limited to the 2015 Lincoln City Transportation Plan. Where appropriate, variations or alternatives to standard design and constructions standards may be approved in the discretion of the city engineer. Traffic control and parking measures are imposed based on the engineering considerations and public safety such as the adequacy of the right-of-way width and suitable shoulder base, and not on any other basis. (Ord. 2021-04 §§ 1, 2; Ord. 88-8 § 4.01)
10.08.020 Implementation of regulations.
A. The city manager shall direct the implementation of the ordinances, resolutions and motions of the council by having traffic-control devices installed, maintained, removed and altered. The installation shall be based on the standards contained in the state manual specified under ORS 810.200.
B. The city manager shall compile and publish administrative schedules of parking regulations and traffic-control device regulations and prohibitions as established by council and by the manager, and shall maintain and update the schedules as needed. The manager shall periodically review such schedules and regulations with the city engineer, chief of police, and, if operational, the traffic safety committee.
C. The municipal traffic authority authorized pursuant to LCMC 10.08.010 is delegated to the city manager subject to review on appeal by the city council.
D. A decision of the city manager made pursuant to the authority granted in this section shall become effective immediately unless such decision is appealed to or called up by the city council. The manager shall post a notice of traffic order five days prior to the order’s issuance on or near the affected area. The manager shall, without undue delay, inform the council of the exercise of authority under this section. Any appeal must be filed within 10 days of posting of the traffic order on the city’s website and shall be filed as provided in the administrative appeals ordinance. A council decision to call up an order shall be made at the next regular council meeting following the posting of the order.
E. The city manager shall periodically submit administrative schedules of traffic regulations and designations to the city council for confirmation by resolution to the council. (Ord. 2018-09 § 1; Ord. 92-5 § 1; Ord. 88-8 § 4.02)
10.08.030 Public danger – Installation of temporary traffic-control devices.
Under conditions constituting a danger to the public, the police chief or his or her designee may install temporary traffic-control devices. (Ord. 88-8 § 4.03)
10.08.040 Standards for regulations.
The regulations of the manager or his or her designee shall be based on:
A. Traffic engineering principles and traffic investigations;
B. Standards, limitations and rules promulgated by the Oregon Transportation Commission;
C. Other recognized traffic-control standards. (Ord. 88-8 § 4.04)
10.08.050 Authority of police and fire officers.
A. It is the duty of police officers to enforce the provisions of this title.
B. In the event of a fire, parade, accident or other emergency, officers of the police and fire departments may stop, detour or direct traffic as conditions require, notwithstanding the provisions of this title. (Ord. 88-8 § 4.05)
10.08.060 Existing control devices and markings authorized.
Parking and traffic-control devices and markings installed prior to the adoption of the ordinance codified in this title are lawfully authorized. (Ord. 88-8 § 12.02)
10.08.070 Inventory of impounded or seized vehicle.
A vehicle that has been impounded, seized as evidence in a criminal investigation, or seized for forfeiture by a law enforcement officer shall be inventoried for condition and property contents consistent with LCMC 9.04.040. (Ord. 2017-15 § 2; Ord. 94-17 § 1)
10.08.080 Penalties.
A. A violation of any provision of this chapter, including but not limited to violation of any prohibitions, terms or conditions of a city council resolution or city manager order issued under authority of LCMC 10.08.010, is unlawful and an offense against the city and shall be enforced as a Class B violation under Chapter 1.16 LCMC.
B. Notwithstanding the above, a different class of offense may be specified in the resolution or order establishing the traffic control measure; in addition, any violation of a traffic control resolution or order which causes damage to city property (e.g., off-road vehicle use, exceeding weight limits, or other measures imposed to protect streets) shall be a Class B violation and shall also require full restitution for all damages caused by the violation.
C. Each day’s violation of a provision of this chapter constitutes a separate offense.
D. Nothing in this chapter shall prohibit the criminal prosecution of violators who cause damage to city property when violating traffic control resolutions or orders of the city council or city manager. (Ord. 2015-10 §§ 5, 6; Ord. 2013-07 § 1)