Chapter 10.10
PARKING ON RIGHTS-OF-WAY
Sections:
Article I. Parking on Rights-of-Way
10.10.010 Short title.
10.10.020 Purpose.
10.10.030 Authority.
10.10.040 Definitions.
10.10.050 Exceptions.
10.10.060 Unlawful parking.
10.10.070 Penalties for violation.
10.10.080 Citation on illegally parked vehicles.
10.10.090 Owner responsibility.
10.10.100 Impoundment.
10.10.110 Territorial limitation.
Article II. Parking and Business Activities on Rights-of-Way
10.10.120 Title.
10.10.130 Purpose.
10.10.140 Definitions.
10.10.150 Prohibitions.
10.10.160 Enforcement responsibility and authority.
10.10.170 Violations.
10.10.180 Removal and impoundment of vehicles.
10.10.190 Release of vehicle.
10.10.200 Hearing.
Article I. Parking on Rights-of-Way
10.10.010 Short title.
This article shall be known as the parking ordinance and may be so cited and pleaded and shall be cited herein as Article I of Chapter 10.10 MCC. [Ord. 809 § 1, 1988.]
10.10.020 Purpose.
The purpose of this article is to provide a safer environment on county road rights-of-way by accomplishing the following objectives:
A. Enhance traffic flows on streets within the urban growth boundaries of the incorporated cities of Marion County.
B. Reduce roadway damage created by heavily loaded or improperly parked vehicles on public rights-of-way.
C. Reduce the number of vision obstructions created by large vehicles.
D. Reduce hazards created by large vehicles parking on narrow streets.
E. Allow for better emergency vehicle access. [Ord. 809 § 2, 1988.]
10.10.030 Authority.
The Marion County board of commissioners, as road authority in Marion County, has the exclusive authority to regulate, control, or prohibit the stopping, standing, and parking of vehicles upon roadways under their jurisdiction pursuant to ORS 810.160. [Ord. 809 § 3, 1988.]
10.10.040 Definitions.
For the purposes of this article, the following definitions shall be used in addition to those found in the Oregon Vehicle Code:
“Allowable gross vehicle weight” means the total weight for a particular axle configuration allowed by this article, including weight of everything on the vehicle.
“County road” means any public road under the jurisdiction of Marion County which is designated as a county road and which is maintained by Marion County, including the entire width of the right-of-way.
“Large vehicle” means any vehicle that exceeds 25 feet in overall length, or exceeds eight and one-half feet in overall width, or exceeds the allowable gross vehicle weight as assigned in the following table:
|
Total # of Axles Carrying Weight* |
Allowable Gross Vehicle Weight |
|---|---|
|
2 |
15,000 lbs. |
|
3 |
22,000 lbs. |
|
4 |
30,000 lbs. |
|
5 or more |
38,000 lbs. |
|
* Landing gear and dolly converters shall be considered axles if they are completely supporting one end of a trailer. |
|
“Local access road” means any public road, which is not a county road, and which is under the jurisdiction of Marion County, and which the county is not required to improve or repair, including the entire width of the right-of-way.
“Overall length” means length of a vehicle at its extreme longest points including hitches and bumpers.
“Overall width” means width of a vehicle at its extreme widest points including mirrors, lights, load, and fenders.
“Park” or “parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
“Person” means a natural person, firm, partnership, association or corporation.
“Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means.
“Vision obstruction” means the blocking or impeding of all or any part of a driver’s field of vision reasonably necessary for safe movement on and around public roadways. [Ord. 809 § 4, 1988.]
10.10.050 Exceptions.
A. This article does not apply while a vehicle is temporarily engaged in the process of loading or unloading passengers or cargo.
B. This article does not apply to:
1. Any state, federal, local government, or public utility vehicle being used for maintenance, construction, or repair of public works or facilities within the right-of-way; or
2. A vehicle owned by the United States being used for collection, transportation, or delivery of mail. [Ord. 809 § 5, 1988.]
10.10.060 Unlawful parking.
A. No person shall park within any county road or local access road:
1. Any vehicle in violation of a parking limitation sign or device.
2. Any large vehicle within 200 feet of an intersection.
3. Any large vehicle in front of or adjacent to a residence, motel, apartment house, hotel, or other sleeping accommodation in a residential zone between 9:00 p.m. and 7:00 a.m.
4. Any large vehicle on a street which has a surface width of less than or equal to 34 feet.
B. No person shall drive any vehicle on a curb, sidewalk or roadside planting strip except to cross at an authorized permanent or temporary driveway. A person who causes damage shall be responsible for the cost of repair.
C. Any vehicle parked in violation of this article is declared to be a nuisance as a hazard or obstruction to motor vehicle traffic. [Ord. 809 § 6, 1988.]
10.10.070 Penalties for violation.
A violation of this article shall be punishable as provided:
A. A violation of MCC 10.10.060(A)(2), (3) or (4) is punishable by a fine not to exceed $50.00.
B. A violation of MCC 10.10.060(A)(1) or (B) is punishable by a fine not to exceed $100.00. [Ord. 809 § 7, 1988.]
10.10.080 Citation on illegally parked vehicles.
Violation of this article shall be treated as a violation and shall be subject to the procedures set forth in ORS 153.030 through 153.121, except as follows:
A. A justice court, district court or circuit court of this county has concurrent jurisdiction of all complaints filed under this article.
B. Prosecution of ordinance complaints and/or any other remedy provided by law shall be conducted by the Marion County legal counsel or assistant legal counsel.
C. If the defendant fails to appear, request a hearing, or post bail at the times specified, the court shall enter a civil judgment against the defendant in the amount of the fine plus court costs, which may not exceed $50.00.
D. No warrant of arrest shall be issued for a violation of this article or for failure of any party to appear.
E. If the operator of a vehicle parked in violation of this article cannot be easily found, the officer may serve the summons by attaching it to the vehicle in a conspicuous place.
F. All monies collected by the court shall be deposited with the Marion County treasurer. [Ord. 1264 § 2(5), 2008; Ord. 809 § 8, 1988.]
10.10.090 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.
In a prosecution of a vehicle owner charged with a violation of this article, proof that at the time of the alleged violation the vehicle was registered with the appropriate motor vehicle licensing authority of any state as belonging to the defendant motor vehicle owner shall raise a disputable presumption that he is the owner in fact. [Ord. 809 § 9, 1988.]
10.10.100 Impoundment.
Disposition of a vehicle towed and stored as a hazard or obstruction to motor vehicle traffic shall be in accordance with the provisions of ORS 819.120 on impoundment and disposition of hazardous vehicles.
Impoundment of a vehicle does not preclude issuance of a citation for violation of this article. [Ord. 809 § 10, 1988.]
10.10.110 Territorial limitation.
This article shall apply only within the unincorporated areas of Marion County lying within established urban growth boundaries of incorporated cities in Marion County. [Ord. 809 § 11, 1988.]
Article II. Parking and Business Activities on Rights-of-Way
10.10.120 Title.
This article shall be known as the Marion County right-of-way ordinance and may be so cited and pleaded. [Ord. 1182 § 1, 2003.]
10.10.130 Purpose.
The purpose of this article is to restrict and regulate parking and business activities in public rights-of-way of the county. As the road authority, the Marion County board of commissioners has exclusive authority to regulate, control or prohibit the stopping, standing and parking of vehicles upon roadways and rights-of-way under county jurisdiction, pursuant to ORS 810.160. [Ord. 1182 § 2, 2003.]
10.10.140 Definitions.
“County property” means any property owned or leased by the county. The term “county property” includes any plaza owned or leased by the county in common with another owner or lessee. The term “county property” does not include any county road.
“Motor vehicle” means any vehicle that is, or is designed to be, self-propelled.
“Nonmotorized vehicle” means any vehicle that is not designed to be self-propelled.
“Park” means to park, stand or stop as those three terms are defined within the Oregon Vehicle Code and set forth in the Oregon Revised Statutes.
“Person” means an individual, corporation, partnership, association or other entity.
“Public road” means any county road, including the entire width of the right-of-way, that has been designated as a county road under the provisions of ORS 368.016, and any local access road, including the entire width of the right-of-way, that is subject to the county’s jurisdiction under ORS 368.031.
“Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public roadway. [Ord. 1385 § 2, 2018; Ord. 1182 § 3, 2003.]
10.10.150 Prohibitions.
A. No person shall park any motor vehicle or nonmotorized vehicle in public roads for three consecutive days or longer.
B. No person shall offer any goods, services or vehicles for sale or conduct any other business in public roads.
C. No person shall sell, offer for sale, give away or offer for free a live animal on county property or a public road within Marion County.
D. Subsection (C) of this section does not apply to:
1. Marion County Community Service – Dog Services;
2. Adoption events conducted on county property by a registered animal control agency or humane society if authorized in writing by Marion County; or
3. Adoption events conducted on a public road within Marion County if authorized by a duly issued right-of-way permit from Marion County. [Ord. 1385 § 3, 2018; Ord. 1182 § 4, 2003.]
10.10.160 Enforcement responsibility and authority.
This article may be enforced by a Marion County enforcement officer. [Ord. 1182 § 5, 2003.]
10.10.170 Violations.
Violation of this article is a Class B violation as provided in ORS Chapter 153. Enforcement shall be accomplished through a violation proceeding under ORS Chapter 153 and Chapter 1.25 MCC. [Ord. 1182 § 6, 2003.]
10.10.180 Removal and impoundment of vehicles.
A. In addition to a violation proceeding under ORS Chapter 153 and Chapter 1.25 MCC, violation of the provisions of this article may result in the removal and impoundment of the vehicle at the vehicle owner’s expense.
1. The county may utilize the services of one or more competent towing service firms for the removal and storage of motor vehicles taken into custody pursuant to this article.
2. A towing service company that takes a vehicle into custody under this article shall have a lien on the vehicle and its contents for the just and reasonable towing and storage charges and may retain possession of the vehicle and its contents until the charges are paid.
3. If a vehicle taken into custody pursuant to this article is not reclaimed within 30 days after it is taken into custody, the vehicle may be disposed of pursuant to ORS 819.210 through 819.260.
B. Prior to removal and impoundment, a written notice will be affixed to the vehicle and sent by first class mail to the last registered owner of the vehicle. The notice will state that, if the vehicle is not removed from the public road within two days from the date of the notice, the vehicle will be impounded.
C. When a vehicle has been impounded pursuant to this article, within two business days of the impoundment written notice shall be given by certified mail to the last registered owner of the vehicle that it has been impounded and information on where the owner can retrieve it. The notice shall include information on the hearing procedures described in MCC 10.10.200. [Ord. 1182 § 7, 2003.]
10.10.190 Release of vehicle.
A vehicle impounded under MCC 10.10.180 shall be released to a person entitled to possession upon the payment to Marion County department of public works of an administrative fee of $25.00 and payment of any towing and storage charges. Proof of entitlement to possession and the administrative fee shall be presented to Marion County department of public works, which shall authorize the entity storing the vehicle to release it upon payment of towing and storage charges. [Ord. 1182 § 8, 2003.]
10.10.200 Hearing.
A. Upon written request of the legal owner or the registered owner, or any other person who reasonably appears to have an interest in the vehicle, delivered to the Marion County hearings officer within five business days of the date of the notice of impoundment, a hearing shall be held before the hearings officer. The written request shall state the grounds upon which the person requesting the hearing believes that the removal of the vehicle was not justified.
B. The hearing shall be set and conducted within four business days of receipt of the request, if the vehicle remains impounded. The hearing may be set for a later date if the vehicle is no longer impounded or if the owner or person entitled to possession so requests. At the hearing:
1. The owner may contest the validity of the action of the enforcement officer in causing the vehicle to be impounded.
2. The county shall have the burden of showing the validity of the impoundment of the vehicle. The enforcement officer who ordered impoundment of the vehicle may submit an affidavit or official report in lieu of making a personal appearance at the hearing.
C. If the hearings officer finds that:
1. The action of the county in towing the vehicle was proper, the hearings officer shall enter an order supporting the removal and may assess costs of the hearing against the person requesting the hearing.
2. The action of the county in towing the vehicle was invalid, the hearings officer shall find that the owner is not liable for any towing or storage charges occasioned by the towing and order the county to satisfy the towing and storage lien, or order the county to reimburse the owner for any towing and storage charges paid by the owner for the vehicle.
D. If the person requesting the hearing does not appear at the scheduled hearing, the hearings officer may enter an order supporting the removal and assessment of towing and storage costs.
E. The decision of the hearings officer pursuant to this section is final.
F. The hearings officer shall provide a written statement of the results of the hearing held under this section to the person requesting the hearing. [Ord. 1182 § 9, 2003.]