Chapter 10.05 TRAFFIC

ORS Chapter 153 and the Oregon Vehicle Code, ORS Chapters 801 through 822, are adopted by reference. Violation of an adopted provision of those chapters is an offense against this city. [Ord. 454 § 2, 1996].

10.05.030 Definitions.

In addition to the definitions contained in the Oregon Vehicle Code, the following mean:

“Bus stop” means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.

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

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

“Personal property” means any property not belonging to the city of Pilot Rock.

Street. The terms “highway,” “road,” and “street” shall be considered synonymous, unless the context precludes such construction. “Street” includes alleys.

“Taxicab stand” means a space on the edge of a roadway designated by sign for use by taxicabs.

“Traffic lane” means that area of the roadway used for the movement of a single line of traffic. [Ord. 584, 2017; Ord. 454 § 3, 1996].

10.05.040 Powers of the council.

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

(2) The powers of the 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) Designation of certain streets as bridle paths and prohibition of horses and animals on other streets.

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

(g) Initiation of proceedings to change speed zones.

(h) Revision of speed limits in parks.

(i) Temporary blocking or closing of streets.

(j) Establishment of bicycle lanes and paths and traffic controls for such facilities.

(k) Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage.

(l) Issuance of oversize or overweight vehicle permits.

(m) Establishment, removal, or alteration of the following classes of traffic controls:

(i) Crosswalks, safety zones, and traffic lanes.

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

(iii) Parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal).

(iv) Loading zones and stops for vehicles.

(v) Traffic control signals. [Ord. 454 § 4, 1996].

10.05.050 Implementation of regulations.

The city of Pilot Rock shall implement the ordinances, resolutions and motions of the council by installing, maintaining, removing, and altering traffic control devices. The installation shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways. [Amended during 2011 codification; Ord. 454 § 5, 1996].

10.05.060 Public danger.

Under conditions constituting a danger to the public, the chief of police or his or her designee may install temporary traffic control devices. [Ord. 454 § 6, 1996].

10.05.070 Standards.

The regulations of the chief of police or his or her designee shall be based on:

(1) Traffic engineering principles and traffic investigations.

(2) Standards, limitations, and rules promulgated by the Oregon Transportation Commission.

(3) Other recognized traffic control standards. [Ord. 454 § 7, 1996].

10.05.080 Authority of police and fire officers.

(1) It is the duty of police officers to enforce the provisions of this chapter.

(2) In the event of a fire or other public emergency, officers of the police and fire departments may direct traffic as conditions require, notwithstanding the provisions of this chapter. [Ord. 454 § 8, 1996].

10.05.090 Existing control devices and markings.

Parking and traffic control devices and markings installed prior to the adoption of the ordinance codified in this chapter are lawfully authorized. [Ord. 454 § 69, 1996].

Article II. General Regulations

10.05.100 Crossing private property.

No operator of a motor vehicle shall proceed from one street to an intersecting street by crossing private property or premises open to the public. This provision does not apply to the operator of a motor vehicle who stops on the property to procure or provide goods or services. [Ord. 454 § 11, 1996].

10.05.110 Unlawful riding.

(1) No operator of a motor vehicle shall permit a passenger to, and no passenger shall, ride on a motor vehicle on a street except on a portion of the vehicle designed or intended for the use of passengers. This provision does 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.

(2) No person shall board or get down from a motor vehicle while the vehicle is in motion on a street. [Ord. 454 § 12, 1996].

10.05.120 Roller skates, sleds, etc.

(1) No person upon roller skates or a skateboard or riding in or by means of a coaster, toy vehicle or similar device shall use the sidewalk in an unsafe manner.

(2) No person shall use the streets for traveling on skis, toboggans, sleds, or similar devices, except where authorized. [Amended during 2011 codification; Ord. 454 § 13, 1996].

10.05.130 Damaging sidewalks and curbs.

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

(2) 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.

(3) 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 from the city and posting bond if required. A person who causes damage shall be responsible for the cost of repair. [Ord. 454 § 14, 1996].

10.05.140 Removing glass and debris.

A person causing broken glass or other debris to be on a street shall remove the glass or other debris from the street. [Amended during 2011 codification; Ord. 454 § 15, 1996].

10.05.150 Storage of motor vehicles on streets.

No person shall store or permit to be stored on a street or other public property, without permission of the council, a motor vehicle or personal property for a period in excess of 24 hours. Failure to move a motor vehicle or other personal property for a period of 24 hours constitutes prima facie evidence of storage of a motor vehicle. [Ord. 454 § 16, 1996].

10.05.160 Obstructing streets.

No person shall park or leave on a street, including an alley, parking strip, sidewalk or curb, a vehicle part, trailer, box, ware, merchandise of any description, or any other thing that impedes traffic or obstructs the view, except as is allowed by this chapter or other ordinances of the city. [Ord. 454 § 17, 1996].

10.05.170 Speed limits in public parks.

No person shall drive a vehicle on a street in a public park of this city at a speed exceeding 15 miles per hour unless signs erected indicate otherwise. [Ord. 454 § 18, 1996].

10.05.180 Unnecessary noise.

No person shall operate a motor vehicle in the city in such a manner as to create or cause excessive noise. The operation of compression brakes, commonly known as exhaust brakes, in a manner that creates unnecessary noise is prohibited. [Amended during 2011 codification; Ord. 454 § 19, 1996].

Article III. Parking, Stopping or Standing

10.05.190 Method of parking.

(1) No person shall stand or park a motor vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking.

(2) Where parking spaces are designated on a street, no person shall stand or park a vehicle other than in the indicated direction and within a single marked space, unless the size or shape of the vehicle makes compliance impossible.

(3) Deleted during 2011 codification.

(4) When the operator of a vehicle discovers that 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 otherwise directed by police or fire officers. [Amended during 2011 codification; Ord. 454 § 21, 1996].

10.05.200 Prohibited parking or standing.

No person shall park or stand:

(1) A vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign or marking.

(2) A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of 20 consecutive minutes in any two-hour period. [Ord. 454 § 22, 1996].

10.05.210 Prohibited parking.

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

(1) Displaying the vehicle for sale.

(2) Repairing or servicing the vehicle, except repairs necessitated by an emergency.

(3) Displaying advertising from the vehicle.

(4) Selling merchandise from the vehicle, except when authorized. [Ord. 454 § 23, 1996].

10.05.220 Use of loading zone.

No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone where the hours applicable to that loading zone are in effect. When the hours applicable to the loading zone are in effect, the loading and unloading shall not exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed five minutes for loading or unloading passengers and personal baggage and 15 minutes for loading or unloading materials. [Ord. 454 § 24, 1996].

10.05.230 Passenger loading zone.

No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in a place designated as a passenger loading zone when the hours applicable to that zone are in effect. [Ord. 454 § 25, 1996].

10.05.240 Standing or parking of buses and taxicabs.

The operator of a bus or taxicab shall not stop, stand, or park the vehicle on a street in a business district other than at a bus stop or taxicab stand, respectively, except that this provision shall not prevent the operator of a taxicab from temporarily stopping the taxicab outside a traffic lane while loading or unloading passengers. [Ord. 454 § 26, 1996].

10.05.250 Restricted use of bus and taxicab stands.

No person shall stop, stand, or park a vehicle other than a taxicab in a taxicab stand, or a bus in a bus stop, except that the operator of a passenger vehicle may temporarily stop while actually engaged in loading or unloading passengers when stopping does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. [Ord. 454 § 27, 1996].

10.05.260 Lights on parked vehicle.

Deleted during 2011 codification. [Ord. 454 § 28, 1996].

10.05.270 Extension of parking time.

Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking. [Ord. 454 § 29, 1996].

10.05.280 Exemption.

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

(1) A vehicle of the city, county, state, or a public utility while necessarily in use for construction or repair work on a street.

(2) A vehicle owned by the United States while in use for the collection, transportation, or delivery of mail.

(3) A vehicle of a disabled person who complies with the provisions of ORS 811.615 through 811.630. [Amended during 2011 codification; Ord. 454 § 30, 1996].

Article IV. Bicycles

10.05.290 Operating rules.

In addition to observing all other applicable provisions of this chapter and state law pertaining to bicycles, a person shall:

(1) Not leave a bicycle, except in a bicycle rack. If no rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance.

(2) Not ride a bicycle on any sidewalk within the city in an unsafe manner. [Amended during 2011 codification; Ord. 454 § 36, 1996].

10.05.300 Impounding of bicycles.

(1) No person shall leave a bicycle on private property without the consent of the owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited.

(2) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department.

(3) In addition to any citation issued, a bicycle parked in violation of this chapter, that obstructs or impedes the free flow of pedestrian or vehicular traffic or otherwise endangers the public, may be immediately impounded by the police department.

(4) If the owner of a bicycle impounded under this chapter can be readily determined, the police shall make reasonable efforts to notify the owner.

(5) A bicycle impounded under this chapter that remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property. [Ord. 454 § 37, 1996].

Article V. Pedestrians

10.05.310 Pedestrians must use crosswalks.

No person shall cross a street other than within a crosswalk in blocks with marked crosswalks, except where there is no marked crosswalk within 200 feet from the point of crossing. [Ord. 454 § 41, 1996].

10.05.320 Right angles.

Deleted during 2011 codification. [Ord. 454 § 42, 1996].

Article VI. Parades

10.05.330 Prohibited activity.

No person shall organize or participate in a parade that may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people using the public right-of-way and consisting of 100 or more persons or 10 or more vehicles. [Ord. 454 § 46, 1996].

10.05.340 Parade permit.

(1) Application for a parade permit shall be made to the chief of police at least 14 days prior to the intended date of the parade, unless the time is waived by him or her.

(2) Applications shall include the following information:

(a) The name and address of the person responsible for the proposed parade.

(b) The date of the proposed parade.

(d) The number of persons, vehicles, and animals that will be participating in the parade.

(e) The proposed starting and ending time.

(3) The application shall be signed by the person designated as chairperson.

(4) The chief of police shall issue a parade permit conditioned on the applicant’s written agreement to comply with the terms of their permit unless the chief of police finds that:

(a) The time, route, and size of the parade will unreasonably disrupt the movement of other traffic.

(b) The parade is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and contiguous areas that allowing the parade would deny reasonable police protection to the city.

(d) Information contained in the application is found to be false or a material detail is omitted.

(e) The applicant refuses to agree to abide by or comply with all conditions of the permit.

(5) If one or more of the conditions listed in subsection (4) of this section, other than subsection (4)(c) of this section, exists, the chief of police may impose reasonable conditions in the permit, including but not limited to:

(a) Requiring an alternate date.

(b) Requiring an alternate route.

(6) The chief of police shall notify the applicant of the decision within seven days after receipt of the application.

(7) If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the council. [Amended during 2011 codification; Ord. 454 § 47, 1996].

10.05.350 Appeal to council.

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

(2) The council shall schedule a hearing date, which shall not be later than three business days following the filing of the written appeal with the recorder, and shall notify the applicant of the date and time that he or she may appear either in person or by a representative. [Amended during 2011 codification; Ord. 454 § 48, 1996].

10.05.360 Offenses against parade.

(1) No person shall unreasonably interfere with a parade or parade participants.

(2) No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. [Ord. 454 § 49, 1996].

10.05.370 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. 454 § 50, 1996].

Article VII. Funerals

10.05.380 Funeral procession.

(1) No permit is required for a funeral procession.

(2) A funeral procession shall proceed to the place of interment by the most direct route that is both legal and practical.

(3) The procession shall be accompanied by adequate escort vehicles for traffic control.

(4) All motor vehicles in the funeral procession shall be operated with their lights on.

(5) No person shall unreasonably interfere with a funeral procession.

(6) No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession.

(7) Each driver in the procession shall follow the vehicle ahead as closely as is practical and safe. [Ord. 454 § 51, 1996].

10.05.390 Offenses against funeral.

No person shall operate a vehicle that is not part of a funeral procession between the vehicles comprising the procession. [Ord. 454 § 52, 1996].

Article VIII. Parking Citations and Owner Responsibility

10.05.400 Citation on illegally parked vehicle.

When a vehicle, without an operator, is found parked in violation of a restriction imposed by this chapter, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle that may identify its owner, and shall conspicuously affix to the vehicle a parking citation instructing the operator to answer to the charge or pay the penalty imposed within five days during specific hours and at a specific place. [Ord. 454 § 56, 1996].

10.05.410 Failure to comply with parking citation attached to parked vehicle.

If the operator does not respond to a parking citation affixed to a vehicle within five working days, the municipal court may send a letter to the owner of the vehicle informing the owner of the violation and giving notice that if the citation is disregarded for a period of 10 days:

(1) The fine will be doubled; and

(2) The vehicle is subject to impoundment and may be sold if not redeemed. [Ord. 454 § 57, 1996].

10.05.420 Cancellation of parking citation.

No person shall cancel or solicit the cancellation of a parking citation in any manner, except when approved by the municipal judge. [Ord. 454 § 58, 1996].

10.05.430 Owner responsibility.

The owner of a vehicle in violation of a parking restriction shall be responsible for the offense, unless the use of the vehicle was secured by the operator without the owner’s consent. [Ord. 454 § 59, 1996].

10.05.440 Registered owner presumption.

In a proceeding against a vehicle owner charging a violation of a restriction on parking, proof that the vehicle was registered to the defendant at the time of the violation shall constitute a presumption that the defendant was the owner. [Ord. 454 § 60, 1996].

Article IX. Impoundment and Penalties

10.05.450 Impoundment of vehicles.

(1) When a vehicle is placed in a manner or location that constitutes an obstruction to traffic or a hazard to public safety, a police officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner’s expense. The owner shall be liable for the costs of towing and storing, even if the vehicle was parked by another or if the vehicle was initially parked in a safe manner, but subsequently became an obstruction or hazard.

(2) The disposition of a vehicle towed and stored under authority of this section shall be in accordance with provisions for vehicles abandoned on the city streets.

(3) The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this chapter.

(4) Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. [Amended during 2011 codification; Ord. 454 § 66, 1996].

10.05.460 Penalties.

Violation of this chapter is punishable by fine not to exceed $100.00. [Amended during 2011 codification; Ord. 454 § 67, 1996].