Chapter 10.20
PARKING
Sections:
10.20.020 Prohibited parking or standing.
10.20.030 Immediate custody and towing of vehicle constituting hazard or obstruction.
10.20.040 Use of loading zone.
10.20.050 Standing or parking of buses and taxicabs.
10.20.060 Restricted use of bus and taxicab stands.
10.20.070 Extension of parking time.
10.20.080 Exemption of city, county, state, or federal vehicles.
10.20.090 Citation on illegally parked vehicles.
10.20.100 Owner responsibility.
10.20.110 Registered owner presumption.
10.20.140 Recreational vehicles, boats, and trailers.
10.20.150 Electric vehicle parking.
10.20.010 Method of parking.
(1) Where parking spaces are designated on a street, no person shall stand or park a vehicle other than in the direction of the marked parking space and within a single marked space. In those parking spaces designated for back-in parking, no person shall stand or park a vehicle forward within those parking spaces. Forward-in parking in any back-in parking spaces is deemed parking against the flow of traffic. On those streets where parking is parallel to the traffic lanes, no person shall stand or park a vehicle other than in the direction of the adjacent street traffic.
(2) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to interfere.
(3) Whenever the operator of a vehicle discovers 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. [Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 14, 1976. Code 2002 § 10.20.020].
10.20.020 Prohibited parking or standing.
Notwithstanding anything contained in this chapter to the contrary, no person will stop, stand, park, and/or leave any vehicle or trailer on and/or in a sidewalk, pedestrian path, multi-use path, and/or bike lane. Except when necessary to avoid conflict with other traffic and/or in compliance with the directions of a peace officer or official traffic control device, no person will stop, park, and/or leave standing any vehicle, whether attended or unattended, in any of the following places and/or circumstances:
(1) In violation of any designated parking area where signs, pavement markings, painted curbs, and/or ramps prohibit and/or restrict parking, including, without limitation, parking in violation of any height, length, and/or time limit. It is unlawful to move and/or repark any vehicle within one city block for the purpose of avoiding any applicable time limit.
(2) In any manner that is in and/or blocking an alley, except for a stop of not more than 30 consecutive minutes for purposes of loading or unloading persons or materials while displaying emergency flashers.
(3) In violation of the Oregon Vehicle Code (ORS Chapters 801 through 823), including, without limitation, in any areas where stopping, parking, and/or leaving a vehicle is prohibited under the Oregon Vehicle Code.
(4) On any public street, city property, and/or other city right-of-way for more than seven consecutive days. Notwithstanding the immediately preceding sentence, no vehicle may be parked in any city parking lot for more than 24 consecutive hours.
(5) On any street, city property, and/or other city right-of-way for more than 24 hours if the vehicle is stalled, disabled, and/or unable to move under its own power.
(6) In any manner that obstructs and/or interferes with any planned or ongoing street construction and/or maintenance work. The city will post (or caused to be posted) appropriate signage to provide notice of any planned or ongoing street construction and/or maintenance work. In addition to any other rights and/or remedies available to the city, any vehicle that is parked in violation of this subsection is subject to towing and impoundment pursuant to SMC 10.30.010.
(7) Any vehicle in excess of 12,000 pounds between the hours of 9:00 p.m. and 7:00 a.m. in the city. Notwithstanding the immediately preceding sentence, the owner of a vehicle in excess of 12,000 pounds may park such vehicle in front of and/or contiguous to the owner’s property for a period not to exceed 72 consecutive hours, provided the vehicle does not present a hazard to traffic and/or the public health, safety, and/or welfare. The restrictions contained in this subsection do not apply to recreational vehicles (as defined in SMC 10.20.140(5)).
(8) In any manner that blocks access to a fire hydrant, whether the curb and/or hydrant is painted or not.
(9) In any manner that blocks pedestrian access to a crosswalk and/or pedestrian access ramp.
(10) In any manner that blocks a designated bus stop. A bus stop may be designated by yellow curb paint and/or by a sign. If a bus stop is designated only by a sign, then parking is prohibited within 75 feet of such sign.
(11) For the purpose of displaying the vehicle for sale.
(12) For the purpose of displaying advertising from the vehicle.
(13) For purposes of repairing or servicing the vehicle, except repairs necessitated by an emergency.
(14) For purposes of selling merchandise from the vehicle, except as authorized by the city. [Ord. 512 § 4, 2021; Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 271 § 4, 1995; Ord. 89 § 15, 1976. Code 2002 § 10.20.030].
10.20.030 Immediate custody and towing of vehicle constituting hazard or obstruction.
No person will park any vehicle in violation of ORS 819.120 and/or in such a manner which interferes with the safe flow of traffic and/or creates a safety hazard by obstructing the view of other drivers. For purposes of this section, a vehicle parked in a manner that obstructs and/or interferes with the city’s snow removal operations, which includes a vehicle parked within six feet of the paved surface obstructing snow storage, constitutes a hazard and obstruction to motor vehicle traffic using the right-of-way. Any vehicle parked in violation of this section may be towed pursuant to ORS 819.120. [Ord. 512 § 5, 2021; Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 16, 1976. Code 2002 § 10.20.040].
10.20.040 Use of loading zone.
No person shall 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 when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed 30 minutes. [Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 17, 1976. Code 2002 § 10.20.050].
10.20.050 Standing or parking of buses and taxicabs.
The operator of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than 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. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 19, 1976. Code 2002 § 10.20.070].
10.20.060 Restricted use of bus and taxicab stands.
No person shall 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 for the purpose of and 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. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 20, 1976. Code 2002 § 10.20.080].
10.20.070 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. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 22, 1976. Code 2002 § 10.20.100].
10.20.080 Exemption of city, county, state, or federal vehicles.
The provisions of this title regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county, or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation, or delivery of mail. [Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 23, 1976. Code 2002 § 10.20.110].
10.20.090 Citation on illegally parked vehicles.
(1) Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the registered owner or operator to answer to the charges in the court of jurisdiction.
(2) The parking regulations contained in this chapter may be enforced by any police officer (as defined in ORS 801.395) and/or the city manager (or his or her designee). [Ord. 512 § 6, 2021; Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 29, 1976. Code 2002 § 10.20.120].
10.20.100 Owner responsibility.
The owner, operator, or lessee of a vehicle placed in violation of a parking restriction shall be responsible for the offense except when the use of the vehicle was secured by the operator without the owner’s consent. [Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 31, 1976. Code 2002 § 10.20.140].
10.20.110 Registered owner presumption.
In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. [Ord. 416 § 1, 2012; Ord. 309 § 1, 2000; Ord. 89 § 32, 1976. Code 2002 § 10.20.150].
10.20.120 Penalty.
Violation of this chapter shall be a parking violation and shall be subject to a parking citation in such amounts as set by council resolution. [Ord. 416 § 1, 2012; Ord. 309 § 1, 2000. Code 2002 § 10.20.160].
10.20.130 Parking district.
(1) Commercial Parking District. There is hereby established a commercial parking district and a parking development fee.
The commercial parking district shall include all business located in the downtown district as indicated on the city of Sisters zoning map which is established pursuant to the city of Sisters zoning ordinance. Businesses include any regular activity pursued for profit or not for profit and occupying premises within the commercial parking district. Such activities may include the furnishing of services or other sales of goods, wares, merchandise or a combination of either, and shall include all gainful pursuits, whether they are termed “professional” or otherwise and whether they are otherwise regulated or taxed. Government buildings, including schools, and churches located in the district shall be exempt from the obligation to pay the parking development fee.
(2) Parking Development Fee. The parking development fee is hereby imposed, and shall be based on $0.05 per square foot of gross floor area occupied by the business, plus a pro rata share of any common area. The city shall determine square footage per business/building no later than May 1st annually. The fee is due and payable to the city no later than July 1st annually. The fee shall be paid in conjunction with the business license fee.
(3) In-Lieu Parking Development Fee.
(a) There is hereby established an in-lieu parking development fee. The in-lieu parking development fee may be paid by those developers of property in the general commercial district, who have elected to do so under SDC 3.3.300. The in-lieu parking development fee shall reflect the actual costs of providing parking spaces, as determined by the public works director and adopted by resolution by the council. The council shall review the in-lieu parking development fee from time to time, but at least on an annual basis. The in-lieu parking development fee shall be paid prior to the issue of a building permit.
(b) Where the city has used in-lieu parking development fees or parking development fees received under this section for parking improvements made pursuant to the city’s parking master plan, said improvements shall be recovered by the city from the developer or owner of the property located within the parking district or a local improvement district to be established by the city to recover the costs of said improvements.
(4) Effective Date. The parking district, parking development fee and in-lieu parking development fee shall go into effect July 1, 1992.
(5) Penalty and Interest. A penalty of 10 percent shall be imposed on all delinquent accounts. In addition, interest of one percent per month shall be charged from the date of delinquency until paid.
(6) Authorized Expenditures – Application of Parking Development Funds. All funds received under this chapter, including funds received pursuant to the in-lieu parking development fees pursuant to subsection (3) of this section, shall be used for the purpose identified by a parking master plan and shall be applied only to development and provision of parking in the general commercial district, or the development of city owned parking lots located in nonresidential zones. The parking master plan shall be developed by the public works director and the planning director and adopted by the council. Funds allocated pursuant to the parking master plan, as specified herein, shall be used for parking improvements, including but not limited to paving, striping, sidewalks, acquisition of real property, payment of administrative costs including but not limited to payment of professional fees incurred in developing additional parking, development of curbing and the development of storm water drainage and catch basins. Revisions to the plan may be made annually.
(7) Business Activities Affected by the Parking Development Fee. The parking development fee is imposed on the particular business activity and not the premises. If the business moves from the original location to another location within the parking district, the development fee for the new location shall be deemed paid for the year. This is a nonrefundable fee and it shall not be prorated.
(8) Parking Development Fee Payment Required. No person, agent or employee shall transact business in the parking district as defined in subsection (1) of this section unless the annual charge for the operation of the business has been paid in advance as required by subsection (2) of this section.
(9) Violation – Penalty.
(a) Any person violating any provisions of this chapter is, upon conviction thereof, punishable as provided in SMC 5.05.130 through 5.05.140.
(b) Every full business day during which any business activity continues to be conducted in violation of this chapter is a separate offense and every day during which any person conducts or transacts business in the course of an activity for which the parking development fee herein required has not been paid is a separate offense by such person.
The remedies specified in subsection (9)(b) of this section shall not be deemed exclusive and, at the option of the city, amounts due and payable may be collected as prescribed by statute from the owner or owners of the business involved, or by action at law in any court of competent jurisdiction in this state. The city may also seek an injunction in any court of competent jurisdiction in the state to enjoin any business activity which has failed to pay the parking development fee as required in this chapter. Interest shall accrue as specified in subsection (5) of this section.
(10) Recording. The city administrator shall cause notice of the parking district improvements and any agreements to reimburse the parking district to be filed in the office of the county clerk so as to provide notice to potential purchasers of affected property within the parking district. The notice and any attached agreements shall not create a lien. Failure to make the recording shall not affect either the lawfulness of the resolution nor the obligation to pay any reimbursement to the parking district. [Ord. 433, 2013; Ord. 315 § 1, 2001; Ord. 254B §§ 1, 2, 1996; Ord. 254A § 1, 1996; Ord. 254 §§ 1 – 8, 1992. Code 2002 § 10.20.170].
10.20.140 Recreational vehicles, boats, and trailers.
(1) No person may park a recreational vehicle, bus, boat, and/or any trailer on any street or public roadway for a continuous period in excess of 24 hours. Except as expressly authorized under this section, no person may park and/or leave a recreational vehicle in any city right-of-way and/or street for purposes of overnight accommodation. It is unlawful to move and/or repark any such vehicle within a block for the purposes of avoiding the time limitation contained herein.
(2) Recreational vehicles may be parked and used for accommodation on the public street and/or within the public right-of-way for up to 72 hours pursuant to a permit issued by the city in accordance with this section.
(3) Notwithstanding anything contained in this chapter to the contrary, any application for a permit under subsection (2) of this section will include such information and/or documentation as the city determines necessary and appropriate. The application will be accompanied by a site plan depicting the proposed recreational vehicle parking location, adjacent property lines, and adjacent driveways. An overnight permit issued to a property owner under this section will be subject to the following:
(a) Issuance of any overnight parking permit does not constitute any assurance that a parking space is available to the permittee. Vehicles may be parked only within spaces designated for parking in a site plan approved by the city.
(b) Upon completion of the city’s review of the application and payment of all applicable fees, the city will issue to the applicant an overnight parking permit subject to the provisions of this chapter. The permit must be displayed on the inside window visible from the outside of the vehicle for which such permit applies.
(c) This section has no application to those zones or areas in which stopping, parking, and/or standing of all vehicles is prohibited, bus zones, bike or fire lanes, disabled zones, and/or areas where signs prohibit parking.
(d) In no event may any recreational vehicle and/or any person obstruct or hinder vehicular and/or pedestrian travel in the right-of-way. Without otherwise limiting the generality of the immediately preceding sentence, no person will create a fire, use a barbeque, set up a tent, and/or otherwise block or obstruct the right-of-way in connection with the use of a recreational vehicle.
(e) Upon issuance of the overnight parking permit, the permittee releases the city from being and agrees that the city is not (and will not be construed as) responsible for injury to any person or property, damage to any property and/or vehicle, and/or theft of personal property. The city may include such conditions, restrictions, and/or additional obligations in a permit as the city determines necessary and/or appropriate to protect the city and/or the public health, safety, and/or welfare.
(f) No more than four permits may be issued to any property owner in a calendar year. Notwithstanding anything contained in this chapter to the contrary, issuance of a permit under this section will not convey any right, title, and/or interest in the public right-of-way, but will be deemed revocable permission to use the public right-of-way for the limited purposes contained in this chapter. City expressly reserves the right to (i) impose such conditions, limitations, and/or restrictions on the use of the right-of-way as city determines necessary and appropriate, and (ii) regulate the right to use the right-of-way for similar or different purposes. Notwithstanding anything contained in this chapter to the contrary, an overnight permit is nonassignable and nontransferable.
(4) Parking recreational vehicles is prohibited in and/or on any right-of-way less than 50 feet in width notwithstanding anything contained in this chapter to the contrary. A parked recreational vehicle will not block any adjacent property’s driveway ingress/egress.
(5) For purposes of this section, the term “recreational vehicle” includes, without limitation, any motor home, vacation trailer, camping trailer, camper, conversion, and/or van capable of movement on a roadway, which will afford a degree of shelter for humans. [Ord. 512 § 7, 2021].
10.20.150 Electric vehicle parking.
(1) Electric vehicle charging stations are reserved for charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in such space.
(2) Where a sign designates a space as a public electric vehicle charging station, no person will park or stand any nonelectric vehicle in that space.
(3) It is unlawful to park an electric vehicle in a designated public electric vehicle charging station space while the vehicle is not charging and/or in violation of any prescribed time limitations. Without otherwise limiting the generality of the immediately preceding sentence, a vehicle parked in a space designated for electric vehicle charging must be charging during any period the vehicle is parked in such space. For purposes of this subsection, “charging” means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
(4) Where public electric vehicle charging stations are constructed and installed, the city will cause appropriate signs and marking to be placed in and around the parking spaces of the stations. The signs will include time limits and hours of operation, as applicable, and will state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes.
(5) Any vehicle parked in violation of this section is subject to the imposition of fines and/or removal in accordance with this chapter. [Ord. 512 § 8, 2021].