Chapter 10.25
PROHIBITING TRUCK TRAFFIC AND PARKING ON DESIGNATED STREETS

Sections:

10.25.010    Definitions.

10.25.020    General prohibitions.

10.25.030    Exceptions.

10.25.040    Authorization to sign.

10.25.050    Violation.

10.25.060    Prima facie evidence.

10.25.070    Removal of vehicle.

10.25.080    Violation – Penalty.

10.25.010 Definitions.

A. “Motor truck” means any commercial vehicle, or combination of motor vehicles, designed, used or maintained primarily for the transportation of property and said vehicles are regulated under the PUC authority.

B. “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. (Ord. 950 § 1, 1993)

10.25.020 General prohibitions.

Except as hereinafter specifically permitted, no person shall drive or move and no owner shall cause or permit to be driven or moved a motor truck as defined in RMC 10.25.010 on any city street with the exception of the following streets:

West B Street from West 6th to 13th

Fernhill Road

Highway 30

Old Highway 30

Washington Way

Dike Road

Rockcrest Road

(Ord. 950 § 2, 1993)

10.25.030 Exceptions.

The provisions of this chapter do not apply to any of the following situations:

A. To any motor truck being used by the Federal government, the state of Oregon, Columbia County or the city of Rainier in the construction, maintenance or repair of said street, and at the immediate location or site of such construction, maintenance and repair.

B. To any motor truck being used for general merchandise delivery, mail delivery, lumber or masonry material or product delivery to a location within the area of prohibited motor truck traffic.

C. To any motor truck being driven to the driver’s residence for the purpose of overnight parking.

D. To any motor truck being used for the specific purpose of picking up or discharging goods at any business establishment or residence located within the area of prohibited motor truck traffic.

E. To any motor truck traffic operating on any city street not provided for in RMC 10.25.020 when permit applications have been considered and approved by the mayor and/or his/her designee. Such permits shall:

1. Expire at the end of 12 months;

2. May be renewed for 12-month extentions;

3. Include an application fee set by city council;

4. Identify a notification process and related information when motor truck traffic will use otherwise prohibited streets.

F. To any motor truck being driven upon such streets because of an emergency. An emergency shall be an injury or immediate threat of injury to human or animal life and where the urgency of the circumstances make it necessary to drive such motor truck upon said street. (Ord. 1001, 2002; Ord. 950 § 3, 1993)

10.25.040 Authorization to sign.

The superintendent of public works is hereby authorized and directed to erect and maintain signs prohibiting “No Through Truck Traffic” and “No Parking” at each end of the above-named streets. (Ord. 950 § 4, 1993)

10.25.050 Violation.

Any owner and driver or chauffeur of any motor truck using a street in violation of this chapter shall be jointly and severally liable to the city of Rainier for all damage done to said street or street facilities as a result of the violation. (Ord. 950 § 5, 1993)

10.25.060 Prima facie evidence.

The operation of any motor truck in violation of this chapter is prima facie evidence that the owner of such motor truck caused or permitted it to be so operated. (Ord. 950 § 6, 1993)

10.25.070 Removal of vehicle.

If a police officer finds a motor truck or motor vehicle parked or standing in the area prohibited by this chapter, the officer may move the vehicle, cause it to be moved, or require the driver or person in charge to move it to a lawful position. Failure to move the vehicle on request of a police officer is a violation of this chapter in addition to RMC 10.25.020. (Ord. 950 § 7, 1993)

10.25.080 Violation – Penalty.

Violation of this chapter shall be punishable by a fine not exceeding $500.00. (Ord. 950 § 8, 1993)