Chapter 10.05
GENERAL PROVISIONS
Sections:
Article I. General Provisions
10.05.010 Applicability of state traffic laws.
Article II. Pedestrians
10.05.040 Pedestrians must use crosswalks.
10.05.060 Obedience to traffic lights and bridge and railroad signals.
Article III. Administration and Enforcement
10.05.080 Authority of police and fire officers.
10.05.090 Obedience to and alteration of control devices.
10.05.110 Existing control devices.
Article IV. Penalty
Article I. General Provisions
10.05.010 Applicability of state traffic laws.
A. Violation of provisions in ORS Chapters 153, 743, and 801 through 823, inclusive, as now or hereafter constituted, shall be an offense against this city.
B. If any section or sections of the laws described in subsection (A) of this section are declared to be invalid, unconstitutional, or unenforceable as regards to the city or the jurisdiction of the municipal court, it shall not affect any other section of this title. [Ord. 1697, 6-4-73; Ord. 1593, 1-4-71. Code 2001 § 70.01.]
Penalty: See NMC 10.05.120.
10.05.020 Definitions.
In addition to those definitions contained in the above Oregon Revised Statutes chapters and for the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning. As used in this title, the singular includes the plural, and the masculine includes the feminine.
“Bicycle” means a nonmotorized vehicle designed to be ridden, propelled by human power, and having two or more wheels the diameter of which are in excess of 10 inches or having two or more wheels where any one wheel has a diameter in excess of 15 inches.
“Bus stop” means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.
“Highway,” “road” and “street,” when used in this title or in the Oregon Revised Statutes chapters incorporated herein, shall be considered synonymous, unless the context precludes such construction. “Street,” as defined in this title and the Oregon Revised Statutes chapters incorporated by reference herein, includes alleys, sidewalks and parking areas and accessways owned or maintained by the city.
“Holiday” means New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the city 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.
“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.
“Other property open to public travel” means any property open to the general public for the use of motor vehicles, whether the property is publicly or privately owned, and whether or not a fee is charged for its use. “Other property open to public travel” shall include, but is not limited to, service station lots, shopping center and supermarket parking lots, and other accessways open to general vehicular traffic, whether or not periodically closed to public travel.
“Park” or “parking” means the condition of:
1. A motor vehicle that is stopped while occupied by its operator with the engine turned off.
2. A motor vehicle that is stopped while unoccupied by its operator, whether or not the engine is turned off.
“Pedestrian” means a person on the public right-of-way except:
1. The operator or passenger of a motor vehicle or bicycle.
2. A person leading, driving or riding an animal or animal-drawn conveyance.
“Person” means a natural person, firm, partnership, association or corporation.
“Stand” or “standing” means the stopping of a motor vehicle while occupied by its operator with the engine running except stopping in obedience to the instructions of a traffic officer or traffic control device or for other traffic.
“Stop” means complete cessation of movement.
“Taxicab stand” means a space on the edge of a roadway designated by sign for use by taxicabs.
“Traffic control device” means a device to direct vehicular or pedestrian traffic or parking, including but not limited to a sign, signaling mechanism, barricade, button or street or curb marking installed by the city or other authority.
“Traffic lane” means that area of the roadway used for the movement of a single lane of traffic.
“Vehicle,” as used in subsequent sections of this title, includes bicycles. [Ord. 2256, 1-3-89; Ord. 1697, 6-4-73; Ord. 1593, 1-4-71. Code 2001 § 70.02.]
Cross-reference: See ORS 801.360.
Article II. Pedestrians
10.05.030 Use of sidewalks.
A pedestrian shall not use a roadway for travel when a sidewalk is available. [Ord. 1593, 1-4-71. Code 2001 § 70.15.]
Penalty: See NMC 10.05.120.
10.05.040 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. 1593, 1-4-71. Code 2001 § 70.16.]
Penalty: See NMC 10.05.120.
10.05.050 Right angles.
A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. [Ord. 1593, 1-4-71. Code 2001 § 70.17.]
Penalty: See NMC 10.05.120.
10.05.060 Obedience to traffic lights and bridge and railroad signals.
A. At an intersection where a pedestrian control light is in operation, no pedestrian shall start to cross the street except when the walk signal is illuminated. Where only vehicle control lights are in operation, no pedestrian shall start to cross the street except when the green light is illuminated.
B. No pedestrian shall enter or remain upon a railroad grade crossing, an openable bridge or the approach thereto beyond a crossing gate or barrier after an operation signal indication has been given.
C. No pedestrian shall pass through, around, over or under a crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed. [Ord. 1593, 1-4-71. Code 2001 § 70.18.]
Penalty: See NMC 10.05.120.
Article III. Administration and Enforcement
10.05.070 Public danger.
Under conditions constituting a danger to the public, the chief of police or designee may install temporary traffic control devices deemed to be necessary. [Ord. 2733 Att. A, 2-7-11; Ord. 1593, 1-4-71. Code 2001 § 70.30.]
10.05.080 Authority of police and fire officers.
A. It shall be the duty of police officers to enforce the provisions of this title.
B. 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 title. [Ord. 1593, 1-4-71. Code 2001 § 70.31.]
10.05.090 Obedience to and alteration of control devices.
A. No person shall disobey the instruction of a traffic officer or a traffic control device.
B. No unauthorized person shall install, move, remove, obstruct, alter the position of, deface or tamper with a traffic control device. [Ord. 1593, 1-4-71. Code 2001 § 70.32.]
Penalty: See NMC 10.05.120.
10.05.100 Evidence.
The existence of a traffic control device shall be prima facie evidence that the device was lawfully authorized and installed. [Ord. 1593, 1-4-71. Code 2001 § 70.33.]
10.05.110 Existing control devices.
Traffic control devices installed prior to the adoption of this title are lawfully authorized. [Ord. 1593, 1-4-71. Code 2001 § 70.34.]
Article IV. Penalty
10.05.120 Penalty.
A. Except as may be limited by Charter, violations of Oregon Revised Statutes provisions made offenses against this city are punishable to the same extent provided in the statutes.
B. Violation of NMC 10.05.070 through 10.05.110 is punishable as a city Class 3 civil infraction, and shall be processed in accordance with the procedures set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.
C. Violation of NMC 10.05.030 through 10.05.060 is punishable as a city Class 5 civil infraction, and shall be processed in accordance with the procedures set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. [Code 2001 § 70.99.]