Chapter 10.04 VEHICLE CODE AND TRAFFIC REGULATIONS

A. State Motor Vehicle Code Adopted – Exceptions. The 2003 Motor Vehicle Code of the State of Oregon, as printed and published by the Legislative Counsel Committee, including selective laws relating to infraction procedures, administrative procedures for state agencies, and motor vehicle and aircraft fuel taxes, including the penalties therefor, is hereby adopted in its entirety, save and except any sections thereof pertaining to felonies. In addition, any amendments and/or additions to the Vehicle Code adopted and made laws by the 2001 and 2003 Legislature are also adopted and made a part of the ordinance codified in this section. (Ord. 03-121 § 1, 2003; Ord. 01-121 § 1, 2001; Ord. 99-118 § 1, 1999; Ord. 97-119 § 1, 1997)

10.04.020 Definitions.

In addition to those definitions contained in the adopted sections of the Motor Vehicle Laws of Oregon, the following words or phrases, except where the context clearly indicates a different meaning, shall mean:

A. “Alley” means a narrow street through the interior of a block.

B. “Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 15 inches in diameter.

C. “Bus stand” means a fixed area in the roadway adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers.

D. “City manager” means the city manager or the city manager’s representative.

E. “Curb” means the extreme edge of the roadway.

F. “Holidays,” where used in this chapter or on signs or other devices erected in accordance with this chapter, means Sundays and legal holidays.

G. “Loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of materials or freight.

H. “Park” or “parking” means the standing of a vehicle, whether occupied or not, except when a vehicle is temporarily standing for the purpose of and while actually engaged in loading or unloading.

I. “Parkway” means that portion of a street not used as a roadway or as a sidewalk.

J. “Passenger loading zone” means a loading zone reserved only for the loading or unloading of passengers and their luggage.

K. “Pedestrian” means any person afoot.

L. “Stop” means complete cessation of movement.

M. “Taxicab stand” means a fixed area in the roadway adjacent to the curb set aside for taxicabs to stand or wait for passengers.

N. “Traffic lane” means that portion of the roadway used for the movement of a single line of vehicles. (Ord. 860 § 2, 1987)

10.04.030 Traffic controls designated by council.

A. After approval by the State Highway Commission, where such approval is required by the Motor Vehicle Laws of Oregon and for the best use of the streets in the public interest, the council shall designate by resolution the following traffic controls which shall become effective upon installation of appropriate traffic signs, signals, markings or devices:

1. Parking meter zones, denomination of coins for deposit in parking meters, the parking time permitted for the deposit of the coin, and the hours during which the coin is required;

2. Through streets;

3. One-way streets;

4. Truck routes;

5. Streets where trucks, machinery or any other large or heavy vehicles exceeding specified weights are prohibited, except for delivering or picking up materials or merchandise, but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route.

B. Except when contrary to state law, if it appears that public safety or welfare does not require the installation or maintenance of a traffic sign, signal, marking or device, or will be better served by the removal or alteration thereof, the council may, by resolution, forbid the installation or order the removal or alteration of any traffic sign, signal, marking or device that is proposed or installed under SMC 10.04.040. Such traffic controls shall become inoperative only when removed or altered. (Ord. 860 § 3, 1987)

10.04.040 Local traffic regulations authorized when.

A. The city manager is authorized to provide appropriate and reasonable regulation of the classes of traffic signs, signals, markings and devices for the streets, sidewalks and other public property of the city as are found appropriate for public safety, convenience and welfare. Subject to approval by the State Highway Commission where such approval is required by the Motor Vehicle Laws of Oregon, the city manager shall base his or her determination only upon:

1. Traffic engineering principles and traffic investigations;

2. Standards, limitations and rules promulgated by the State Highway Commission; and

3. Other recognized traffic-control standards.

B. The city manager may establish, remove or alter the following classes of traffic controls:

1. Street areas and city-owned or city-leased land upon which parking may be entirely prohibited or prohibited during certain hours, and the angle of such parking;

2. Parking meters, with the zone provided for parking meters;

3. The location and the time of operation of traffic-control signals;

4. Bus stops, bus stands, taxicab stands and stands for other passenger common carrier vehicles;

5. The location of passenger loading zones for use in connection with a hotel, auditorium, theater, church, school or public building;

6. Loading zones for commercial purposes;

7. Intersections or areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies;

8. Crosswalks, safety zones, parking spaces, traffic lanes and other symbols;

9. Traffic-control signs;

10. All other signs, signals, markings and devices required to implement traffic and parking controls enacted by the council or required by state law or regulations.

C. The city manager may provide for experimental or emergency traffic regulation of a temporary nature that shall not remain in effect more than 30 days. No experimental or emergency regulation is effective until adequate traffic signs, signals, markings or devices are erected clearly indicating the regulation.

D. The city manager shall not remove or alter a traffic sign, signal, marking or device if that act would be contrary to state law or ordinance. If a traffic sign, signal, marking or device is installed under authority of a resolution of the council, the council shall first approve any change or alteration by the city manager. (Ord. 860 § 4, 1987)

10.04.050 Existing signs and regulations.

All official traffic signs and signals existing on October 6, 1987, the time of the adoption of the ordinance codified in this chapter, such as stop signs, caution signs, slow signs, no U-turn signs, signs designating time limits for parking or prohibiting parking, lines painted or marked on street or curb designating parking areas or spaces, markers designating loading zones, parking meters, and all other official traffic signs or signals erected, installed or painted for the purpose of directing, controlling and regulating traffic, are hereby approved. (Ord. 860 § 45, 1987)

10.04.060 Signs and markings prohibited when.

Except as provided by this chapter, no person shall letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb or other portion of any street, or post anything designed or intended to prohibit or restrict parking on any street. (Ord. 860 § 5, 1987)

10.04.210 Pedestrians to use sidewalks.

Pedestrians shall not use any roadway for travel when abutting sidewalks are available. (Ord. 860 § 20, 1987)

10.04.220 Parades and processions – Permit requirements.

A. No procession or parade, except a funeral procession, the forces of the United States armed forces and the military forces of this state, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to be a breach of the peace, cause damage, or unreasonably interfere with the public use of the streets, or the peace and quiet of the inhabitants of the city.

B. Requests for permits will be in writing to the chief of police, and will indicate date, time, route, purpose and makeup of the parade. The request will also identify the group or organization responsible for the parade, and state the name of the individual responsible for parade arrangements. Requests will be submitted as early as possible but not later than 24 hours prior to the parade date.

C. While permits will not be issued for funerals or military units of the federal or state forces, it is required that the chief of police be notified as early as possible, but not later than 24 hours prior to the parade or funeral date, except when emergency conditions preclude such notice, in which case notice will be made as soon as possible prior to the parade or funeral. (Ord. 860 § 21, 1987)

10.04.230 Funeral processions.

Vehicles in a funeral procession may be escorted by at least one person authorized by the chief of police to direct traffic for such purposes, and shall follow routes established by the chief of police. (Ord. 860 § 22, 1987)

10.04.240 Processions – Driver procedures.

Except when approaching a left turn, each driver in a funeral or other procession shall drive along the right-hand traffic lane, and shall follow the vehicle ahead as closely as is practical and safe. (Ord. 860 § 23, 1987)

10.04.250 Processions – Driving through prohibited.

No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic-control signals, or when so directed by a police officer. This provision shall not apply to authorized emergency vehicles. (Ord. 860 § 24, 1987)

10.04.260 Trucks prohibited on certain streets.

When the use of certain streets is prohibited to trucks exceeding a specified weight, no person shall operate a truck on such streets contrary to such prohibition, except for the purpose of delivering or picking up materials or merchandise, but then only by entering such streets at the intersection nearest the destination of the vehicle, and leaving by the shortest route. (Ord. 860 § 26, 1987)

10.04.270 Oversize vehicle permit requirements.

When written application is made therefor, the city manager, in accordance with applicable provisions of the Motor Vehicle Laws of Oregon, may grant permits for the use of the streets by vehicles, combinations of vehicles, or other property, which are prohibited by state law from using the streets because of excessive weight, length or width, and may set out in such permit such conditions, regulations and restrictions as the public interest may require, and which shall be sufficient to prevent injury or damage to streets, sidewalks and all other improvements or private property, and to protect the public. Such permit may be canceled at any time by the city manager upon satisfactory proof that the permittee has violated any of the terms of the permit, or when in the judgment of the city manager the public interest requires cancellation. (Ord. 860 § 27, 1987)

10.04.280 Damaging sidewalks and curbs.

A. The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent driveway.

B. Any person who damages or causes to be damaged any public improvement within the street by driving a vehicle upon or within any sidewalk or parkway area shall be liable for such damage. (Ord. 860 § 28, 1987)

10.04.290 Obstructing streets or signs.

Except as provided by this chapter or any other ordinance of the city, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb, any article or thing or material which in any way prevents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver’s view of traffic or official traffic signs and signals. (Ord. 860 § 29, 1987)

10.04.300 Accidents – Removal of debris.

Any party to a collision or other vehicle accident, or any other person causing glass or other materials or substances likely to injure any person, animal or vehicle to be upon any street in the city shall, as soon as possible, remove or cause to be removed from such street all such glass or other material or substance. (Ord. 860 § 30, 1987)

10.04.310 Skateboards, rollerskates and toy vehicles.

No person upon rollerskates, skateboards, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any street except to cross at a crosswalk. (Ord. 860 § 25, 1987)

10.04.320 Bicycles – Rules of operation – Responsibility.

A. No parent of any minor child, and no guardian of any minor ward shall authorize or knowingly permit any such minor child or ward to violate any of the provisions of this chapter.

B. Except as otherwise provided herein, every person riding or operating a bicycle upon any street or other public place shall be subject to all the provisions of this chapter and the laws of the state applicable to the drivers of vehicles, except those provisions which by their very nature can have no application. (Ord. 860 § 31, 1987)

10.04.330 Bicycles – Equipment.

A bicycle operated within the city shall be equipped as required by Oregon Revised Statutes, Chapter 815. No bicycle shall be equipped with a siren or whistle. (Ord. 860 § 32, 1987)

10.04.340 Bicycles – Rental agency requirements.

A rental agency shall not rent or offer any bicycle for rent unless the bicycle is equipped as required by the Motor Vehicle Laws of Oregon and this chapter. (Ord. 860 § 33, 1987)

10.04.350 Bicycles – Method of operation.

A. A person propelling a bicycle shall not ride other than with his or her feet on the pedals, and facing the front of the bicycle.

B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, and no person shall be permitted to operate a bicycle with a passenger in front of the operator. (Ord. 860 § 34, 1987)

10.04.360 Bicycles – Riding on streets and bicycle paths.

A. Every person operating a bicycle upon a street or other public place shall ride as near to the right-hand side of the street as practicable, exercising due care when passing a pedestrian or a standing vehicle or one proceeding in the same direction.

B. Persons riding bicycles on a street or other public place shall not ride two abreast. (Ord. 860 § 36, 1987)

10.04.370 Bicycles – Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars and in full control of such bicycle. (Ord. 860 § 39, 1987)

10.04.380 Bicycles – Speed.

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing, but in no event more than the posted speed limit. (Ord. 860 § 37, 1987)

10.04.390 Bicycles – Racing prohibited except by special permit.

Bicycle racing shall be allowed for special events upon application for and approval of a permit to be obtained from the police department. The department shall be authorized to prepare forms for obtaining the permit. (Ord. 98-113 § 1, 1998)

10.04.400 Bicycles – Parking.

No person shall park a bicycle upon a street or sidewalk except in a rack to support it or against a building or at the curb so as not to obstruct pedestrian traffic. (Ord. 860 § 41, 1987)

10.04.410 Clinging to vehicles prohibited.

No person riding any bicycle, motorcycle, coaster, rollerskates, sled, skateboard, toy vehicle or any similar device shall attach the same or the rider to any moving vehicle upon the streets. (Ord. 860 § 35, 1987)

10.04.420 Bicycles, skateboards, scooters – On downtown sidewalks, in designated parks, and in Town Square Park.

No person shall ride or operate a bicycle, skateboard, scooter, roller device such as in-line skates, roller skates, roller skis, or similar device upon a sidewalk in the Central Downtown Area. As used in this section, “Central Downtown Area” means the sidewalks on both sides of 1st Street between the north curb line of Lewis Street and south curb line of Park Street; the sidewalks on the east side of Water Street beginning at 309 S Water Street to the south curb line of Park Street; the sidewalks on the west side of Water Street beginning at 306 S Water Street to the south curb line of Park Street; the sidewalks on both sides of High Street, Oak Street, and E Main Street between Water Street and 1st Street; the sidewalk on the south side of Park Street between Water Street and 1st Street; and the sidewalk on the north side of Lewis Street between Water Street and 1st Street. Furthermore, this prohibition shall also apply to the sidewalks on both sides of the West Main Street bridge; to the grass, railings, picnic tables, and paths in Town Square Park; to the grass, railings, picnic tables, and paths in Coolidge-McClaine Park; as well as to any area in city parks or on other city property where posted by the city manager. This prohibition does not apply to the parking lot in Town Square Park, to the Old Mill Park area between the Library and the swimming pool, or to the foot bridge and the extension of Coolidge Street adjacent to Coolidge-McClaine Park. During special events, for which a permit has been issued by the city, the city manager may temporarily suspend the right to ride such devices in places where it would otherwise be legal to ride them during the event on any property or street included in the permit for the event. Any person riding such devices upon sidewalks outside the restricted areas in this section shall yield the right-of-way to any pedestrian. (Ord. 20-10 § 1 (Exh. A), 2020; Ord. 16-12 § 1, 2016; Ord. 08-09 § 1, 2008; Ord. 98-111, 1998; Ord. 95-119 § 1, 1995; Ord. 860 § 40, 1987)

10.04.430 Bicycles, skateboards, scooters – Confiscation when.

Any device described in SMC 10.04.420, which is used to violate SMC 10.04.420, may be taken into custody for a period not to exceed 30 days for the first offense, 60 days for any second offense, 90 days for any third offense, and 180 days for any subsequent offense. (Ord. 95-119 § 2, 1995; Ord. 860 § 43, 1987)

10.04.431 Police officer taking custody under ordinance.

If a police officer proposes to take custody of a device under ORS 819.110, the officer shall provide written notice to the person in possession of the device and any persons claiming ownership of such device and shall provide an explanation of procedures available for obtaining a hearing under SMC 10.04.432. Except as otherwise provided hereunder, notice required under this section shall comply with all of the following:

A. Notice shall be given by the following methods:

1. By personally providing a notice concerning the device to the person in possession of the device with the required information.

2. If the person in possession of the device at the time of the taking does not claim to be the owner of the device, the officer shall transmit a notice by first class within not more than three days after taking the device into custody, with the required information to the known owners at the address as shown by the records of the police department, or by the address given by the person in possession. The three-day period under this subsection does not include holidays, Saturdays or Sundays.

B. Notice shall state all of the following:

1. That the device was subject to being taken into custody and removed by the appropriate officer.

2. The statute, ordinance or rule violated by the device and under which the device was removed.

3. That the owner, possessor or person having an interest in the device is entitled to a hearing, after the device is impounded, to contest the removal if a hearing is timely requested.

4. The appeal costs and time within which a hearing must be requested and the method for requesting a hearing. The appeal fee shall be $20.00, and must accompany the request for a hearing. (Ord. 95-119 § 3, 1995)

10.04.432 Validity of removal and custody – Hearing to contest validity of removal and custody.

A person provided notice under this chapter or any other person who reasonably appears to have an interest in the device may request a hearing under this section to contest the validity of the removal by submitting a request for hearing with the appropriate officer not more than three days from the mailing date of the notice. The three-day period in this section does not include holidays, Saturdays or Sundays. A hearing under this section shall comply with all of the following:

A. A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes that the custody and removal of the device is not justified.

B. Upon receipt of a request for a hearing under this section, the city manager, or designee, shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owners of the device shown in the records of the police department, if not the same as the person requesting the hearing. The 72-hour period in this subsection does not include holidays, Saturdays or Sundays.

C. If the city manager or designee finds, after hearing and by substantial evidence on the record, that the custody and removal of a device was:

1. Invalid, the city manager shall order the immediate release of the device to the owner or person with right of possession. If the device is released under this subsection, the person to whom the device is released is not liable for any appeal charges.

2. Valid, the city manager shall order the device to be held in custody until the term appropriate to the frequency of the violation specified in this chapter shall have been met.

D. A person who fails to appear at a hearing under this section is not entitled to another hearing unless the person provides reasons satisfactory to the city manager for the person’s failure to appear.

E. The city manager is only required to provide one hearing under this section for each time the city manager takes a device into custody.

F. The manager shall provide a written statement of the results of a hearing held under this section to the person requesting the hearing.

G. Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases under the administrative procedures act of Oregon.

H. The hearings officer at a hearing under this section may be an officer, official or employee of the city manager but shall not have participated in any determination or investigation related to taking into custody and removing the device that is the subject of the hearing.

I. The determination of a hearings officer at a hearing under this section is final and is subject to appeal to the municipal court upon filing written notice thereof, accompanied by a fee of $100.00. (Ord. 95-119 § 4, 1995)

10.04.433 Exemption for device held for investigation.

A device that is being held as part of any criminal investigation is not subject to any requirements under this chapter unless the criminal investigation relates to the theft of the device. (Ord. 95-119 § 5, 1995)

10.04.434 Sale of device not reclaimed.

A. If a device taken into custody under this chapter is not reclaimed within 30 days after it is to be released from custody, the officer with custody of the device shall either:

1. Sell the device and its contents at public auction in the manner provided in state law, or

2. Dispose of the device in a manner provided by ordinance.

B. Funds received from the sale of a device or its contents under this section shall be used for sidewalk maintenance. (Ord. 95-119 § 6, 1995)

10.04.450 Traffic violations – Impoundment and disposal conditions.

A. Whenever a traffic citation is issued, or a physical arrest made for a violation of Oregon’s Vehicle Code, or local traffic regulations, and the driver of such motor vehicle is charged with Driving Under the Influence of Intoxicants, or does not possess a valid operator’s license, or is driving on a suspended or revoked license or is without liability insurance required by the Oregon Vehicle Code, the vehicle shall, pursuant to city policy, be towed by a licensed towing company to the city impound lot, garage or other suitable storage place.

B. The owner of the impounded vehicle, or the owner’s authorized agent, may redeem such vehicle upon payment of the towing bill and a release fee set by resolution. (Ord. 20-04 § 1 (Exh. A), 2020; Ord. 00-101, 2000; Ord. 89-101 § 1, 1989; Ord. 870 § 1, 1988; Ord. 860, 1987)