Chapter 10.05 TRAFFIC

Violation of provisions in Chapters 153, 743 and 801 through 823 ORS, inclusive, as now constituted or as amended, is an offense against the city. [Ord. 644 § 2, 1993].

10.05.030 Definitions.

In addition to definitions in the Oregon Vehicle Code, certain words, terms and phrases are defined as follows:

“Arterial street” means streets designed and designated to handle a concentration of through traffic and high traffic volumes and which are interconnected with the state or county highway systems. Streets identified as arterial streets include: Division Street, Riverside Drive, Main Street, Dole Road, North Myrtle Road and any other street that may be designated in the future as an arterial street by the Myrtle Creek comprehensive plan.

“Bus stop” means a roadway space designated by sign for use by buses to load or unload passengers.

“Central business district” means the area bounded by Division Street, Millsite Park, First Avenue and Fourth Avenue and includes both sides of the boundary street.

“Holiday” means Sundays, New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving and Christmas Day.

“Loading zone” means a roadway space designated by sign for loading or unloading passengers or materials during specified hours of specified days.

“Motor truck” means a motor vehicle, or portion thereof (i.e., trailer), that is 28 feet or more in length, including any load thereon, and is designed for commercial transport of freight, property, or articles.

“Operating” means the act of having one or more feet on the board of a skateboard or roller device or other portion designed for a foot to propel the device.

“Person” means a natural person, firm, partnership, association or corporation.

“Riding” means the act of propelling a skateboard or roller device by means other than carrying it.

“Skateboard” means skateboards, roller skates, coaster, blades, scooters, miniature vehicles, and any similar devices, but not including bicycles.

“Street” means highway, road or street as defined in ORS 801.110, 801.305, 801.450 and 801.524, including the entire width of the right-of-way.

“Taxicab stand” means a roadway space designated by sign for taxicab use.

“Traffic lane” means that area of the roadway used for a single line of traffic movement. [Amended during 2012 recodification; Ord. 09-003, 2009; Ord. 644 § 3, 1993].

10.05.040 Powers of the city council.

(1) Subject to state laws, the city council shall exercise all local traffic authority for the city except those powers expressly delegated by this chapter or another ordinance.

(2) The powers of the city council include, but are not 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 or excess traffic.

(f) Authorization, by resolution, of greater maximum weights or lengths than specified by state law for vehicles using city streets.

(g) Initiation of proceedings to change speed zones.

(h) Revision of speed limits in parks.

(i) Temporary closure or blocking of streets. [Ord. 644 § 4, 1993].

10.05.050 Duties and authority of the city administrator.

(1) It shall be the duty of the city administrator to implement ordinances, resolutions and motions of the city council by causing the installation, alteration and maintenance of traffic control devices. Installation shall be based on standards contained in the Manual on Uniform Traffic Control Devices for Streets and Highways and the Oregon Supplements.

(2) The city administrator is hereby granted the authority to temporarily close or block streets, issue oversize or overweight vehicle permits, and establish, remove or alter the following classes of traffic controls:

(a) Crosswalks, safety zones and traffic lanes.

(b) Intersection channelization and areas where vehicle drivers shall not make right, left or U-turns and the time when the prohibition applies.

(c) Parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal). [Ord. 644 § 5, 1993].

10.05.060 Public danger.

(1) Under conditions constituting a danger to the public, the city administrator, or his designee, may install temporary traffic control devices.

(2) Nonfunctioning traffic control devices shall be treated as an all-way stop by vehicle operators on all affected streets. [Ord. 644 § 6, 1993].

10.05.070 Standards.

The standards employed by the city administrator or his designee in carrying out the duties prescribed by this chapter shall be based on:

(1) Traffic engineering principles and traffic investigations.

(2) The Manual on Uniform Traffic Control Devices for Streets and Highways and the Oregon Supplements and other applicable standards, limitations and rules promulgated by the Oregon Transportation Commission.

(3) Other recognized traffic control standards. [Ord. 644 § 7, 1993].

10.05.080 Authority of law enforcement and fire officers.

If a fire or other public emergency occurs, officers of the police department and fire department may direct traffic as conditions require, notwithstanding the provision of this chapter. [Ord. 644 § 8, 1993].

10.05.090 Crossing private or public property.

The operator of a vehicle shall not proceed from one street to an intersecting street by leaving the roadway and crossing private or public property. This provision does not apply to the operator of a vehicle who stops on the property to procure or provide goods or services. [Ord. 644 § 9, 1993].

10.05.100 Unlawful riding.

(1) The operator of a vehicle shall not permit a passenger to, and no passenger shall, ride on a vehicle on a street except within a part of the vehicle designed or intended for the use of passengers. This provision does not apply to an employee engaged in the discharge of a duty or to a person riding within a truck body in space intended for merchandise.

(2) No person shall board or alight from a vehicle while the vehicle is in motion on a street. [Ord. 644 § 10, 1993].

10.05.110 Roller skates, skateboards, sleds and other like devices.

(1) Where Riding Permitted. Riding or operating a skateboard is permitted in the following areas:

(a) Areas Within City Parks. In city parks, except designated and posted areas prohibiting the use of skateboards and other roller devices.

(b) Private Property Where Consent. Private property where the owner or person in charge has consented.

(2) Where Riding Prohibited. No person upon roller skates, roller blades, a skateboard, skis, sled, toboggan or similar devices shall ride or operate devices in the following areas:

(a) Streets or sidewalks in the central business district area described in this subsection as delineated on the attached map marked Exhibit A of the ordinance codified in this section. The central business district area is described as that area included within and inclusive of the following described boundaries:

(i) The north boundary shall be NW Fourth Avenue including sidewalks on both sides;

(ii) The west boundary shall be N Main Street including sidewalks on both sides;

(iii) The south boundary shall be NW First Avenue including sidewalks on both sides;

(iv) The east boundary shall be NW Pleasant Street including the sidewalks on both sides.

(b) Park Structures. On any public structure or improvement such as park tables and benches, band shell, pavilion, playground equipment, hand rails, and other like structures.

(d) Other Property Which Is Posted. On any other public or private property where signs on the property indicate that the operation of a skateboard or other similar device use is prohibited.

(3) Regulations. Where such activities are allowed, the following regulations apply to the operation of a skateboard or other similar roller devices on a public street, sidewalk or public property:

(a) Yield Right-of-Way. Any person operating a skateboard shall yield the right-of way to any vehicle, such as a motor vehicle or bicycle, or pedestrian including yielding the right-of-way to any vehicle when approaching or crossing a driveway.

(b) Standing Position. Any person operating a skateboard shall operate the skateboard in a standing position unless operated in conformance with rules established within a city park designated for skateboard use.

(c) Operating on Right-Hand Side. While on a street, a person shall ride a skateboard as close as practicable to the right-hand curb or edge of the roadway.

(d) Single File. No person shall ride a skateboard on any street alongside another person riding a skateboard, bicycle or motor vehicle unless overtaking and passing such skateboard, bicycle or motor vehicle.

(e) Equipment.

(i) Protective Headgear. Any person operating a skateboard shall wear protective headgear of a type approved under ORS 815.052 for bicycle helmets; provided, however, protective headgear shall be required only when operating a skateboard on public streets and sidewalks. Headgear is recommended on public property and within a city park designated for skateboard use.

(ii) No skateboard shall be operated on any public street or sidewalk between 30 minutes after sunset and 30 minutes before sunrise unless the skateboard or rider is equipped with lighting equipment that meets the following requirements:

(A) The lighting equipment must show a white light visible from a distance of at least 500 feet to the front of the skateboard.

(B) The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.

(f) Traffic Control Devices. Any person operating a skateboard shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles.

(g) Traffic Regulations. The operation of a skateboard on a street shall be subject to all of the provisions or laws of the state and the laws of the city, including those applicable to the drivers of vehicles, except, as to the latter, those provisions that by their very nature have no application.

(h) Operation on Sidewalks. No person shall operate a skateboard on a sidewalk:

(i) So as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

(ii) Without giving an audible warning before overtaking and passing a pedestrian.

(iii) At a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This subsection does not require reduced speeds for skateboards either:

(A) At places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or

(B) When motor vehicles are not present. Except as otherwise specifically provided in this chapter, an operator of a skateboard on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

(i) Racing. No person shall engage in, or cause others to engage in, a skateboard race upon the streets, sidewalks or any other public property; provided, however, that it shall not be a violation of this subsection if racing occurs in conformance with rules within a city park designated for skateboard use.

(j) Hitching on Vehicles. No person while operating a skateboard shall in any way attach themselves or the skateboard to any moving motor vehicle.

(k) Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a careless manner means the person rides a skateboard in a manner that endangers or would be likely to endanger any person or property.

(4) Penalties.

(a) Impoundment. At the time any person is stopped and a citation issued for a violation of this chapter, any skateboard used in the violation may be immediately seized and impounded as evidence by the officer issuing the citation. Impounded property may be released by any officer to the parent or guardian of the offender, or to any adult offender upon the case being cleared by the court.

(b) Fines. Upon first conviction for a violation of this chapter, a fine shall be imposed, not to exceed $500.00; a mandatory minimum fine of $50.00 shall be imposed. Subsequent convictions shall be subject to enhanced penalties as provided by subsection (4)(c) of this section. Community service may be imposed in lieu of or in conjunction with fines.

(c) Repeat Offenders. Any person convicted of a violation of this chapter on successive occasions shall be subject to enhanced penalties. If a person is convicted of a second offense within one year of his or her first conviction, then the fine imposed shall be an amount not less than twice the amount of the fine imposed upon the first conviction. If a person is convicted of a third offense at any time thereafter, then the fine imposed shall be an amount not less than double the fine imposed for the second conviction, and the person’s skateboard shall be forfeited. [Ord. 09-003, 2009; Ord. 644 § 11, 1993].

10.05.120 Damaging sidewalks and curbs.

(1) The operator of a motor vehicle shall not drive on a sidewalk or roadside planting strip except to cross an authorized permanent or temporary driveway.

(2) No person shall remove a portion of a curb or move a motor vehicle or a device moved by a motor vehicle onto a curb or sidewalk without first obtaining authorization and posting bond, if required by ordinance. A person who causes damage shall be responsible for the cost of repair. [Ord. 644 § 12, 1993].

10.05.130 Storing motor vehicles on streets.

No person shall store, or permit to be stored, in excess of 72 hours without permission of the city administrator or police chief, a motor vehicle or personal property on a street or other public property. Failure to move a motor vehicle or other personal property for 72 hours constitutes prima facie evidence of storage. [Ord. 644 § 13, 1993].

10.05.140 Method of parking.

(1) When parking spaces are designated on a street or public lot, no person shall park or stand a vehicle other than the direction of the traffic flow and in such a manner that the front vehicle tire closest to the curb is located within 12 inches of the curb and within a single marked space, unless the size or shape of the vehicle makes compliance impossible.

(2) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street or public lot has priority to park in that space, and no other vehicle operator shall attempt to interfere.

(3) When the operator of a vehicle discovers 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 directed otherwise by police or fire officers. [Ord. 644 § 14, 1993].

10.05.150 Prohibited parking or standing.

No person shall park or stand:

(1) A vehicle in violation of the Oregon Vehicle Code or in violation of a parking limitation device.

(2) A vehicle in an alley, except for a stop of not more than 30 consecutive minutes for loading or unloading persons or material.

(3) A motor truck within the right-of-way of any public street in any area of the city excepting those areas zoned general commercial (C-3) or general manufacturing (G-M) which are not used for residential purposes. [Ord. 644 § 15, 1993].

10.05.160 Prohibited practices.

No operator shall park a vehicle, and no owner shall allow a vehicle to be parked, on a street or other public property for the principal purpose of:

(1) Repairing or servicing the vehicle, except while making repairs necessitated by an emergency.

(2) Displaying temporary advertising from the vehicle.

(3) Selling merchandise from the vehicle, except when authorized. [Ord. 644 § 16, 1993].

10.05.170 Use of loading zone.

No person shall park or stand a vehicle in a place designated as a loading zone when the hours applicable to that loading zone are in effect for any purpose other than loading or unloading persons or material. Such a stop shall not exceed the time limits posted. If no time limits are posted, use of the zone shall not exceed 30 minutes. [Ord. 644 § 17, 1993].

10.05.180 Authorized emergency vehicles.

(1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to, but not returning from, a fire alarm, may park or stand irrespective of the provisions of this chapter.

(2) This section shall not relieve drivers of authorized emergency vehicles from the duty to park or stand with regard for the safety of all persons. [Ord. 644 § 18, 1993].

10.05.190 Lights on parked vehicle.

No lights need be displayed on a vehicle that is parked in accordance with this chapter on a street where there is sufficient light to reveal the vehicle at a distance of at least 500 feet from the vehicle. [Ord. 644 § 19, 1993].

10.05.200 Extension of parking time.

Where maximum parking time limits are designated, moving a vehicle to another parking space within the same block shall not extend the time limits for parking. [Ord. 644 § 20, 1993].

10.05.210 Exemptions.

The provisions of this chapter that regulate the parking or standing of vehicles do not apply to:

(1) A city, county, state or public utility vehicle being used for public works maintenance, construction or repair work.

(2) A vehicle used by the United States for collection, transportation or delivery of mail.

(3) A vehicle of a disabled person who complies with the provision of ORS 801.387 and 811.602 through 811.637.

(4) Motor trucks for such reasonable period of time as such vehicle is being actively used for loading and/or unloading persons or property. [Amended during 2012 recodification; Ord. 644 § 21, 1993].

10.05.220 Citation on illegally parked vehicle.

When a vehicle is found parked in violation of a restriction imposed by this chapter or state law, the officer finding the vehicle shall note the license number and any other information displayed on the vehicle that may identify the owner or operator and shall attach a parking citation to the vehicle. The citation shall instruct the owner or operator to appear and answer to the charge or pay the penalty imposed on a specified date, during specific hours, and at a specific place. [Ord. 644 § 22, 1993].

10.05.230 Failure to comply with citation.

A person commits the offense of failure to appear on a traffic citation if the person fails to appear in court at the time mentioned in the summons if the citation is for a major traffic offense; or, in other cases, the person fails to either appear in court at the time indicated in the summons, or prior to such time either request a hearing or post bail in the amount set forth in the summons.

A person who commits the offense of failure to appear shall be subject to the penalties imposed for such offense by state law. [Ord. 644 § 23, 1993].

10.05.240 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. [Ord. 644 § 24, 1993].

10.05.250 Registered owner presumption.

In a proceeding charging violation of a parking restriction against a vehicle owner, proof that the vehicle was registered to the defendant at the time of the violation constitutes a presumption that the defendant was the owner. [Ord. 644 § 25, 1993].

10.05.260 Impoundment of vehicles.

(1) Disposition of a vehicle towed and stored under provision of state law for the removal of hazardous vehicles shall be in accordance with provision of state law or city ordinance on impoundment and disposition of abandoned vehicles.

(2) Impoundment of a vehicle does not preclude issuance of a citation for violation of a provision of this chapter.

(3) Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. [Ord. 644 § 26, 1993].

10.05.270 Application of state statutes.

Provisions of the Oregon Criminal Code relating to defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification apply to offenses defined and made punishable by this chapter. [Ord. 644 § 27, 1993].

10.05.280 Penalties.

Violation of provisions in Chapters 153, 743 and 801 through 823 ORS, inclusive, as now constituted, is punishable by the penalties prescribed therein.

Violation of MCMC 10.05.090 through 10.05.130 is punishable by fine not to exceed $100.00. Violation of MCMC 10.05.140 through 10.05.200 is punishable by fine not to exceed $50.00. However, if a violation of a provision of this chapter is identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in state law. [Ord. 644 § 28, 1993].