Chapter 10.10
PARKING REGULATIONS
Sections:
10.10.020 Parking oversized vehicles prohibited.
10.10.030 Oversized vehicle defined.
10.10.040 Truck parking prohibited.
10.10.060 Parking vehicle on City street for vending purposes.
10.10.070 Parking of occupied camper, motor home, travel trailer or recreational vehicle.
10.10.080 Brakes, motor running.
10.10.090 Removal of dangerously parked vehicle.
10.10.110 Requirement of complaint.
10.10.130 Notice of impoundment.
10.10.140 Immobilizing vehicle.
10.10.150 Impounding immobilized vehicle.
10.10.160 Removal of immobilization device.
10.10.170 Taking of impounded vehicle.
10.10.180 Removing notice of violation.
10.10.190 Existing restrictions ratified.
10.10.200 Violations – Forfeitures.
10.10.220 Zones prescribed by resolution.
10.10.230 Residential parking zones.
10.10.010 Parking prohibited.
(1) No motor vehicle shall be stopped or parked, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control signal, in any of the following places:
(a) Within an intersection;
(b) On a crosswalk;
(c) Within 25 feet of the intersection of curb lines, or, if none, within 15 feet of the intersection of property lines, at an intersection of streets;
(d) Within 30 feet from the approach to any official flashing beacon, stop sign or traffic control signal located at the side of the roadway;
(e) Within 15 feet of the driveway entrance to any fire station;
(f) Within 10 feet of a fire hydrant;
(g) In front of a private driveway;
(h) On a sidewalk;
(i) Alongside or opposite any street or highway excavation or obstruction when such stopping, standing or parking would obstruct traffic;
(j) On the roadway side of any vehicle stopped, standing or parked at the edge or curb of a highway;
(k) At any place where the City Council has caused signs to be erected prohibiting standing or parking;
(l) Other than parallel to the curb except where the City Council by marking or sign permits “head-in” parking;
(m) Where the City Council has directed that parking spaces be marked by painted strips at the ends and side of such parking space, so as the entire vehicle shall not be within such painted stripes;
(n) On private property of another, without prior permission of the owner;
(o) In such a manner, except where the City Council has permitted otherwise, so said vehicle is not headed as though proceeding upon the right side of the street;
(p) At any place where the City Council has caused signs to be erected restricting the duration of parking when such parking exceeds the duration imposed by the restriction;
(q) More than one foot away from the curb, when parallel parking to a curb.
(2) The City Council may, by resolution, delegate to the City Manager the City Council’s authority to regulate parking under subsections (1)(k), (1)(l), (1)(m), (1)(o) and (1)(p) of this section. (Ord. 629, § 1; Ord. 868, § 1, Feb. 5, 1980; Ord. 1193, § 1, May 4, 2004; Ord. 1414, § 1, July 16, 2024. Code 1983 § 51.110.)
10.10.020 Parking oversized vehicles prohibited.
No oversized vehicles shall be parked on Highway 99W between 100 feet north of Church Street and Madrona with the exception of the east side of 99W between Church Street and Powell Street in the area not presently designated as no parking area, or at any other location designated by resolution of the City Council. (Ord. 849, § 1, Mar. 8, 1979; amended by Ord. 1039, July 9, 1991. Code 1983 § 51.111.)
10.10.030 Oversized vehicle defined.
As used in MCC 10.10.020, the term “oversized vehicle” shall mean any truck other than a pickup truck, any bus, any motor home, or any vehicle to which a camper or trailer is attached. (Ord. 849, § 1, Mar. 8, 1979. Code 1983 § 51.112.)
10.10.040 Truck parking prohibited.
(1) No person shall park a motor truck, truck tractor, or trailer designed to be towed by a truck tractor, or pull trailer on a street or parking strip at any time within the City if the motor truck, truck tractor, trailer or pull trailer, or combination thereof, is longer than 23 feet or wider than seven feet, except:
(a) When engaged in the delivery or receipt of cargo and when no facilities for the receipt or discharge of the cargo exists except from the street or parking strip; or
(b) When the person in charge is immediately engaged in the maintenance or repair of public or private property adjacent to a street or parking strip and no off-street parking is reasonably available.
(2) No person in charge of any motor truck, truck tractor, trailer or pull trailer engaged in the delivery or receipt of cargo under the circumstances authorized in subsection (1) of this section shall park in such a manner that any part thereof shall project or be more than 15 feet into the street when measured at right angles from the face of the curb nearest to the motor truck, truck tractor, trailer or pull trailer. (Ord. 1061, Oct. 6, 1992. Code 1983 § 51.113.)
10.10.050 Three-day limit.
(1) No person shall park a motor home, utility trailer, house or vacation trailer, boat, boat trailer, truck with camper, camper or livestock trailer upon any street, parking strip, alley, public park or right-of-way for a period of more than three consecutive days. The repositioning of any such vehicle from one parked position to another parked position on either side of the street within the same block, or at the same parked position, within 72 hours after it is moved, shall not be treated as interrupting the continuity of the time it has been parked for the purposes of this section. If any other regulation prohibits or restricts parking to a lesser time period, the stricter prohibition shall apply.
(2) Motor vehicles not described in subsection (1) of this section shall not be parked in or upon any street, parking strip, alley, public park or right-of-way for a period of more than seven consecutive days. The repositioning of any such motor vehicle from one parked position to another parked position on either side of the street within the same block, or at the same parked position, shall not be treated as interrupting the continuity of the time the motor vehicle has been parked for the purposes of this section unless the motor vehicle has been driven more than one mile. For purposes of determining the distance a motor vehicle has been driven, odometer readings from such motor vehicle shall create a rebuttal presumption of the distance the vehicle has been driven. (Ord. 629, § 2; amended by Ord. 1109, July 1, 1997; Ord. 1118, Nov. 4, 1997. Code 1983 § 51.115.)
10.10.060 Parking vehicle on City street for vending purposes.
No person shall park or leave standing a vehicle on a City street for the purpose of advertising, selling, or offering for sale the vehicle or merchandise. (Ord. 1148, August 3, 1999. Code 1983 § 51.116.)
10.10.070 Parking of occupied camper, motor home, travel trailer or recreational vehicle.
(1) Except as otherwise provided by this code and subsection (2) of this section, no person shall park or place any presently occupied camper, motor home, recreational vehicle or travel trailer at any place within the City for a period exceeding three days.
(2) A permit may be obtained by filing an application at the office of the City Manager, accompanied by a fee in an amount set by the Council by resolution. The application shall include the location and description of the camper, motor home, travel trailer or recreational vehicle, the character and duration of occupancy, the character of water and sanitary facilities available, and any other information which the City Manager considers necessary to comply with State law and other provisions of this code.
(3) If the City Manager determines that the issuance of a permit will not contravene State law or of any applicable code provision, the Manager may issue a permit authorizing the applicant to park or place and occupy the described camper, motor home, travel trailer or recreational vehicle, and may attach conditions necessary to carry out the purpose of this section.
(4) The period of occupancy granted under a permit issued under subsection (2) of this section shall not exceed 15 consecutive days, and when a permit has been issued for a particular camper, motor home, travel trailer or recreational vehicle, another temporary permit shall not be issued for that camper, motor home, travel trailer or recreational vehicle in the same calendar year.
(5) Under special circumstances, a permit could be granted for a longer period of time, at the discretion of the City Manager. (Ord. 1338, § 1, December 3, 2013. Code 1983 § 51.117.)
10.10.080 Brakes, motor running.
No motor vehicle shall be allowed to stand on any street or highway unattended without its brakes effectively set, its motor stopped and its ignition locked and the ignition keys removed from the vehicle. When standing upon any perceptible grade, no motor vehicle shall be allowed to stand on any street or highway without its front wheels being first turned to the curb or side of the street or highway. (Ord. 629, § 3. Code 1983 § 51.120.)
10.10.090 Removal of dangerously parked vehicle.
Any police officer of this City, when finding a motor vehicle parked in violation of MCC 10.10.010 to 10.10.200, shall cause said vehicle to be removed from the street to a place of storage, and shall not release said vehicle to its owner or person in charge thereof, unless bail first is posted for the offense and the actual charges for towing, storage and impoundment are first paid. (Ord. 629, § 4. Code 1983 § 51.125.)
10.10.100 Lien upon vehicle.
The City shall have a lien on all vehicles impounded under provisions of MCC 10.10.010 to 10.10.200 for all bail and other lawful charges against said motor vehicle, and said vehicle shall not be released to its owner without prior payment of any bail or other charges against said vehicle, plus actual expenses incurred by the City in impounding and storing said vehicle. (Ord. 629, § 5. Code 1983 § 51.130.)
10.10.110 Requirement of complaint.
Notice meeting the requirements of ORS 221.333 shall be sufficient to act as a complaint for violation of MCC 10.10.010 to 10.10.200, and any such notice placed in a conspicuous place on a motor vehicle in violation of MCC 10.10.010 to 10.10.200 shall be presumptive of notice thereof to the owner and operator of such vehicle. (Ord. 629, § 6. Code 1983 § 51.135.)
10.10.120 Arrest of vehicle.
Upon the failure of the owner or person in charge of any vehicle to post bail as required within 10 days of the issuance of a summons to appear to answer a violation of any ordinance governing the parking of motor vehicles upon the streets or public properties within the City, the Court may issue a warrant for the arrest of the motor vehicle. Any police officer of this City may service the warrant by impounding the vehicle, if found within the corporate limits of this City, and he may go upon private property to so impound such vehicle. Any vehicle so impounded shall not be released to its owner without payment of all bail or other charges against said vehicle, plus actual expenses incurred by the City in impounding and storing said vehicle. (Ord. 629, § 7. Code 1983 § 51.140.)
10.10.130 Notice of impoundment.
After any motor vehicle has been impounded as hereinbefore provided, the Chief of Police shall, within 48 hours of such impoundment, cause a registered or certified letter to be sent, return receipt requested, to the registered owner and legal owner, if any, of the motor vehicle, as provided by ORS 809.725. (Ord. 629, § 8; amended by Ord. 1324, § 1, July 16, 2013. Code 1983 § 51.145.)
10.10.140 Immobilizing vehicle.
As an alternative to impoundment of a vehicle as provided by MCC 10.10.120, any police officer of this City may, upon finding such vehicle within the corporate limits of this City, temporarily immobilize the same by installing on or attaching to such vehicle a device designed to restrict the normal movement of such vehicle. If such vehicle is so immobilized, the police officer so installing or attaching such device shall conspicuously affix to such vehicle a notice in writing on a form provided by the Chief of Police advising the owner, driver or person in charge of such vehicle that such vehicle has been immobilized by the City of Monmouth for violation of MCC 10.10.010 to 10.10.200 and that release of such immobilization may be obtained at a designated place, that unless arrangements are made for release of such vehicle before 9:00 a.m. of the following day, the vehicle will be removed from the street at the direction of the Chief of Police of the City, and that removing or attempting to remove the device before a release is obtained is unlawful, and containing such further information as the Chief of Police shall deem necessary. (Ord. 629, § 12. Code 1983 § 51.150.)
10.10.150 Impounding immobilized vehicle.
Any vehicle immobilized under provisions of MCC 10.10.140 which is not lawfully released from immobilization by 9:00 a.m. of the day following shall be impounded and placed in storage as provided by MCC 10.10.010 to 10.10.190. (Ord. 629, § 13. Code 1983 § 51.155.)
10.10.160 Removal of immobilization device.
Any person who attempts without proper authority to remove any device installed or attached to a motor vehicle under MCC 10.10.140 before a release is obtained or who attempts to move such vehicle without first obtaining a release shall be punished by a fine of not more than $500.00 or imprisonment not more than 100 days, or both. (Ord. 628, § 14. Code 1983 § 51.160.)
10.10.170 Taking of impounded vehicle.
Any person who attempts to take or drive away any motor vehicle impounded and stored by the Police Department of this City in any place, public or private, shall be punished by a fine of not more than $500.00 or imprisonment not more than 100 days, or both. (Ord. 629, § 15. Code 1983 § 51.165.)
10.10.180 Removing notice of violation.
Any person other than the owner or person lawfully in possession of such motor vehicle who shall remove a written notice of violation of MCC 10.10.010 to 10.10.200 from the place where posted upon such vehicle, or who shall destroy or secret such notice, shall be punished by a fine of not more than $500.00 or imprisonment not more than 100 days, or both. (Ord. 629, § 16. Code 1983 § 51.170.)
10.10.190 Existing restrictions ratified.
Any and all signs and marking restricting or regulating the parking of motor vehicles existing on May 6, 1969, are hereby ratified. (Ord. 629, § 18. Code 1983 § 51.175.)
10.10.200 Violations – Forfeitures.
Violation of MCC 10.10.010 to 10.10.220 shall be punishable by a fine in an amount set by resolution of the Council. Such fine shall be recoverable from the owner or person in possession of the vehicle, or from said vehicle in the nature of an in rem proceeding. The Municipal Court of the City shall have authority to levy such penalty against such a vehicle in an in rem proceeding. (Ord. 629, § 17; amended by Ord. 849, § 2, Mar. 8, 1979; Ord. 907, § 1, June 2, 1982; Ord. 1039, July 9, 1991. Code 1983 § 51.195.)
10.10.210 Taxicab zones.
No vehicle except a taxicab owned or operated by a person or firm licensed by this City to conduct the business of a taxicab shall be parked in any area marked as a taxicab zone, and violation of this chapter shall be punished by a fine of not more than $50.00. (Ord. 606, § 1. Code 1983 § 51.210.)
10.10.220 Zones prescribed by resolution.
The City Council may, by resolution, prescribe areas as taxicab zones. (Ord. 606, § 2. Code 1983 § 51.215.)
10.10.230 Residential parking zones.
(1) No person, other than a person who resides on property located on the same block as an on-street parking space within a residential parking zone, shall park a motor vehicle in such on-street parking space between 8:00 a.m. to 6:00 p.m. on weekdays excepting holidays.
(2) The City Council may, by resolution, prescribe areas within the City as residential parking zones and also prescribe requirements for issuing residential parking permits for display on motor vehicles if it decides such permits are necessary in order to enforce the provisions of this section.
(3) The provisions of this section shall not apply to motor vehicles being used for the delivery of goods or services to property within a residential parking zone.
(4) Persons violating the provisions of this section shall be subject to the penalty provisions set forth in MCC 10.10.200. (Ord. 1040, Aug. 6, 1991. Code 1983 § 51.220.)