Chapter 10.10 TRAFFIC RULES

A. The operator of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic, and shall yield the right-of-way over an operator of a vehicle departing from a parking space.

B. No operator of a vehicle shall pull away from a curb or other parking area without giving an appropriate turn signal when other traffic may be affected.

C. Where a stop sign is erected at or near the entrance to an intersection, the operator of a vehicle approaching shall bring the vehicle to a stop before crossing a stop line or crosswalk; or, if none, then before entering the intersection. Stopping at a point which does not yield an unobstructed view of traffic on the intersecting street shall not constitute compliance with the requirements of this section.

D. Notwithstanding an indication by a traffic control device to proceed:

1. No operator of a vehicle shall enter an intersection unless there is sufficient space on the opposite side of the intersection to accommodate the vehicle without obstructing the passage of other vehicles.

2. No operator of a vehicle shall enter a marked crosswalk, whether or not at an intersection, unless there is sufficient space on the opposite side of the crosswalk to accommodate the vehicle without obstructing the passage of pedestrians. [Ord. 1593, 1-4-71. Code 2001 § 71.01.]

Penalty: See NMC 10.10.400.

Cross-reference: See Chapter 811 of Title 59 ORS pertaining to rules of the road. See also Title 59 ORS, the Oregon Vehicle Code, generally.

10.10.020 Crossing private property.

No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. [Ord. 1593, 1-4-71. Code 2001 § 71.02.]

Penalty: See NMC 10.10.400.

10.10.030 Emerging from vehicle.

No person shall open the door of a motor vehicle into a traffic lane without first ascertaining that it can be done in safety. [Ord. 1593, 1-4-71. Code 2001 § 71.03.]

Penalty: See NMC 10.10.400.

10.10.040 Unlawful riding.

A. No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise.

B. No person shall board or alight from a vehicle while the vehicle is in motion upon a street. [Ord. 1593, 1-4-71. Code 2001 § 71.04.]

Penalty: See NMC 10.10.400.

10.10.050 Clinging to vehicles.

No person riding upon a bicycle, motorcycle, coaster, roller skates, sled or other device shall attach the device or the person’s self to a moving vehicle upon a street. Nor shall the operator of a vehicle upon a street knowingly allow a person riding on any of the above vehicles or devices to attach the person’s self, the vehicle or the device to the operator’s vehicle. [Ord. 1593, 1-4-71. Code 2001 § 71.05.]

Penalty: See NMC 10.10.400.

10.10.060 Sleds on streets.

No person shall use the streets for traveling on skis, toboggans, sleds or similar devices, except where authorized. [Ord. 1593, 1-4-71. Code 2001 § 71.06.]

Penalty: See NMC 10.10.400.

10.10.070 Damaging sidewalks and curbs.

A. The operator of a motor vehicle shall not drive upon a sidewalk or roadside planting strip except to cross at a permanent or temporary driveway.

B. No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway.

C. No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond as required. A person who causes damage shall be held responsible for the cost of repair. [Ord. 1697, 6-4-73; Ord. 1593, 1-4-71. Code 2001 § 71.07.]

Penalty: See NMC 10.10.400.

10.10.080 Obstructing streets.

A. No unauthorized person shall obstruct the free movement of vehicles or pedestrians using the streets.

B. No person shall park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction on the street. [Ord. 1593, 1-4-71. Code 2001 § 71.08.]

Penalty: See NMC 10.10.400.

10.10.090 Removing glass and debris.

A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. [Ord. 1593, 1-4-71. Code 2001 § 71.09.]

Penalty: See NMC 10.10.400.

10.10.100 Load limitations on certain streets.

It shall be unlawful to operate any vehicle upon city streets when the gross weight of any such vehicle and its load exceeds 10,000 pounds, excepting those vehicles:

A. Making retail deliveries to and from persons located within the city limits;

B. Upon those streets designated in the following truck route:

1. From the intersection of West Second Street with Main Street easterly along Second Street to South River Street; from the intersection of West Third Street with Highway 99 West easterly along West Third Street to South Main Street; from the intersection of South College Street with East First Street southerly to East Fourth Street; from the intersection of South College Street with East Fourth Street easterly along East Fourth Street to Wynooski Street; from the intersection of East Fourth Street southeasterly along Wynooski Street to the intersection of Wynooski Street with East Eleventh Street; from the intersection of East Eleventh Street with Wynooski Street westerly along East Eleventh Street to South River Street; from the intersection of South River Street with East First Street southerly on River Street to Fourth Street; from the intersection of First Street with Main Street southerly on Main Street to Third Street; from the intersection of South River Street with East Eleventh Street southerly along South River Street to the south city limits; from the intersection of East Illinois Street with North Main Street easterly on East Illinois Street to North College Street; from the intersection of Springbrook Road and the south city limits northerly along Springbrook Road to the Southern Pacific railroad tracks; and from the intersection of Springbrook Road and Crestview Drive westerly along Crestview Drive to the westernmost limits of the A-dec Industrial Park.

2. All streets or thoroughfares designated as state highways. [Ord. 2073, 12-2-81; Ord. 2035, 10-6-80. Code 2001 § 71.10.]

Penalty: See NMC 10.10.400.

Article II. Operation on Public Property

10.10.110 Driving vehicles upon public property.

It shall be unlawful for any person or persons to drive or operate any motor vehicle, bicycle, horse-drawn vehicle or other vehicle of any nature or description over or upon any public property within the corporate limits of the city, except public streets and alleys, without the written permission of the agency or authority having control of said public property; provided, however, that such driving or operation upon private driveways upon such public property shall be lawful, unless such private driveway shall have a notice or notices posted on the driveway by the public agency or authority aforesaid prohibiting such driving and operation. [Ord. 1001, 5-8-47. Code 2001 § 71.20.]

Penalty: See NMC 10.10.400.

10.10.120 Riding horses upon public property.

It shall be unlawful for any person or persons to ride or drive any horse, mule or other draft or riding animal over or upon any public property within the corporate limits of the city, except public streets and alleys, without the written permission of the agency or authority having control of said public property; provided, however, that such riding or driving upon private driveways upon such public property shall be lawful, unless such private driveway shall have a notice or notices posted on the driveway by the public agency or authority aforesaid prohibiting such riding or driving. [Ord. 1001, 5-8-47. Code 2001 § 71.21.]

Penalty: See NMC 10.10.400.

Article III. Traffic Offenses

10.10.130 Enforcement.

A. The violation of a provision of this chapter relating to the operation of a motor vehicle on other property open to public travel shall be a municipal offense and shall subject the violator to arrest by a police officer or a private citizen if the violation takes place in the presence of the officer or citizen, or by a police officer acting under authority of a municipal court warrant.

B. The Oregon Uniform Traffic Citation and Complaint Form shall not be used, and convictions for offenses occurring on other property open to public travel shall not be reported to the Motor Vehicles Division.

C. A misdemeanor citation may be issued in lieu of custody. [Ord. 1593, 1-4-71. Code 2001 § 71.30.]

Article IV. Parades

10.10.140 Prohibited activity.

No person shall organize or participate in a parade which may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people utilizing the public right-of-way and consisting of 100 or more persons or 25 or more vehicles, other than funerals. [Ord. 1712, 9-17-73. Code 2001 § 71.45.]

Penalty: See NMC 10.10.400.

10.10.150 Parade permit.

A. Application for a parade permit shall be made to the chief of police at least 15 days prior to the intended date of the parade, unless the time is waived by the chief of police.

B. Applications shall include the following information:

1. The name and address of the person responsible for the proposed parade.

2. The date of the proposed parade.

3. The desired route, including assembling points.

4. The number of persons, vehicles and animals which will be participating in the parade.

5. The proposed starting and ending time.

6. The application shall be signed by the person designated as chairman.

C. If the chief of police, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, the chief of police shall approve the route and issue the permit.

D. If the chief of police determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, the chief of police may:

1. Propose an alternate route.

2. Propose an alternate date.

3. Refuse to issue a parade permit.

E. The chief of police shall notify the applicant of the chief of police’s decision within five days of receipt of the application.

F. If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the chief of police’s decision to the city council. [Ord. 1712, 9-17-73. Code 2001 § 71.46.]

Penalty: See NMC 10.10.400.

10.10.160 Appeal to city council.

A. An applicant may appeal the decision of the chief of police by filing a written request of appeal with the city recorder within five days after the chief of police has proposed alternatives or refused to issue a permit.

B. The city council shall schedule a hearing date following the filing of the written appeal with the city recorder and shall notify the applicant of the date and time that the applicant may appear either in person or by a representative. [Ord. 1712, 9-17-73. Code 2001 § 71.47.]

10.10.170 Offenses against parade.

A. No person shall unreasonably interfere with a parade or parade participant.

B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. [Ord. 1712, 9-17-73. Code 2001 § 71.48.]

Penalty: See NMC 10.10.400.

10.10.180 Permit revocable.

The chief of police may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. [Ord. 1712, 9-17-73. Code 2001 § 71.49.]

Article V. Golf Carts

10.10.190 Golf carts permitted on city highways.

A. Operation. The operation of golf carts is permitted on city highways that are located adjacent to the Chehalem Glenn Golf Course between said course and the place where golf carts are parked, stored, or located within or bounded by a real estate development pursuant to ORS 810.070.

B. Golf Carts. “Golf cart” is defined, as it is in ORS 801.295, as a motor vehicle that has not less than three wheels in contact with the ground, has an unloaded weight less than 1,300 pounds, is designed to be and is operated at not more than 15 miles per hour, and is designed to carry golf equipment and not more than two persons, including the driver. [Ord. 2715 § 4 (Exh. B), 2009. Code 2001 § 71.40.]

10.10.200 Designation of specific streets and signage.

A. Street Designation. The Traffic Safety Commission will designate the exact streets and which real estate developments that the operation of golf carts is permitted along with any additional rules subject to ORS 810.070 that provide for the safety of the combined operation of golf carts and regular vehicular traffic upon the designated city highways.

B. The city administration will determine what signage is appropriate and post said signage before permission of operation of the golf carts on public roads is effective. [Ord. 2715 § 4 (Exh. B), 2009. Code 2001 § 71.41.]

10.10.210 Rules.

A. Qualifications of Drivers. Drivers of golf carts will obtain and have in their possession a valid Oregon driver license or Oregon Department of Motor Vehicles golf cart permit when operating golf carts under this provision.

B. Regulations for Use of Golf Carts. Golf carts will be operated only during daylight hours, and shall observe all applicable requirements of state traffic law. Golf carts shall yield the right-of-way to motor vehicles and pedestrians when crossing a public street.

C. Registration and Licensing Exemption. Golf carts operated pursuant to this article will be exempt from registration and licensing as provided in ORS 820.210.

D. Vehicle Equipment Exemption. Golf carts operated pursuant to this provision will be exempt from vehicle equipment laws as provided for in ORS 810.070.

E. Other Rules and Regulations. Any other rules and regulations adopted by the Traffic Safety Commission in conformance with the regulations of ORS 810.070. [Ord. 2715 § 4 (Exh. B), 2009. Code 2001 § 71.42.]

10.10.220 Liability.

The operation of golf carts under these code provisions will be totally the risk and responsibility of the operator. The city, by granting this permission and designation under state law, assumes no responsibility for the operation of the golf carts and shall be held harmless in any action arising from the operation of golf carts on or off any public way within the city. [Ord. 2715 § 4 (Exh. B), 2009. Code 2001 § 71.43.]

Article VI. Operation of All-Terrain Vehicles

10.10.300 Definitions.

A. All-Terrain Vehicle. An “ATV” is defined, as it is in ORS 801.190 through 801.194, as any Class I, II, III or IV all-terrain vehicle.

B. City Operated ATV. A “city operated ATV” is defined as an ATV being operated by City of Newberg employees or volunteers while in the performance of their official duties.

C. Fire ATV. A “fire ATV” is defined as an ATV being operated by fire or emergency medical service personnel while on duty within the city or while responding to a fire or medical emergency. [Ord. 2807 § 2, 7-18-16.]

10.10.310 Operation of ATVs permitted on city highways and property.

Operation of a city operated ATV or fire ATV shall be allowed upon public roadways, streets, highways, parks, park trails, pathways, city property and other related areas within the City of Newberg. [Ord. 2807 § 2, 7-18-16.]

10.10.320 Signage required.

The city administration will determine what signage is appropriate and post appropriate signage on city streets, highways, roadways or other points within the city limits, as now constituted or hereafter changed, to give notice to all persons that the operation of city operated ATV or fire ATV is permitted. [Ord. 2807 § 2, 7-18-16.]

Article VII. Penalty

10.10.400 Penalty.

A. Violation of any provision of this chapter for which no other specific penalty is provided shall be 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.

B. Violation of any provision of NMC 10.10.100 is a city Class 2 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.

C. Violation of any provision of NMC 10.10.140 through 10.10.180 is a city Class 5 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. [Ord. 2807 § 1, 7-8-16; Ord. 2163, 4-1-85; Ord. 2073, 12-2-81; Ord. 2035, 10-6-80; Ord. 1712, 9-17-73. Code 2001 § 71.99. Formerly 10.10.230.]