TITLE VII:
TRAFFIC CODE
CHAPTER 70: GENERAL PROVISIONS
Section
70.01 Short
title
70.02 Applicability
of state traffic laws
70.03 Definitions
70.04 Powers
of the Council
70.05 Implementation
of regulations
70.06 Public
danger
70.07 Standards
70.08 Authority
of police and fire officers
70.09 Crossing
private property
70.10 Unlawful
riding
70.11 Roller
skates, sleds, and the like
70.12 Damaging
sidewalks and curbs
70.13 Removing
glass and debris
70.14 Storage
of motor vehicles on streets
70.15 Obstructing
streets
70.16 Speed
limits in public parks
70.17 Unnecessary
noise
70.18 Method
of parking
70.19 Prohibited
parking or standing
70.20 Prohibited
parking
70.21 Use
of loading zone
70.22 Passenger
loading zone
70.23 Standing
or parking of buses and taxicabs
70.24 Restricted
use of bus and taxicab stands
70.25 Lights
on parked vehicle
70.26 Extension
of parking time
70.27 Unattended
vehicles
70.28 Exemption
70.29 Bicycle
operating rules
70.30 Impounding
of bicycles
70.31 Pedestrians
must use crosswalks
70.32 Right
angles
70.33 Prohibited
activity
70.34 Parade
permit
70.35 Appeal
to Council
70.36 Offenses
against parade
70.37 Permit
revocable
70.38 Funeral
procession
70.39 Offense
against funeral
70.40 Citation
on illegally parked vehicle
70.41 Failure
to comply with parking citation attached to parked vehicle
70.42 Cancellation
of parking citation
70.43 Owner
responsibility
70.44 Registered
owner presumption
70.45 Impoundment
of vehicles
70.46 Existing
control devices and markings
70.99 Penalty
§ 70.01 SHORT TITLE.
This
chapter may be cited as the Banks Uniform Traffic Ordinance.
(Ord. 80.01, passed 1-8-1991)
§ 70.02 APPLICABILITY OF STATE TRAFFIC LAWS.
O.R.S.
Chapter 153 and the Oregon Vehicle Code, O.R.S. Chapters 801 through 822, are
adopted by reference. Violation of an
adopted provision of those chapters is an offense against this city.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.03 DEFINITIONS.
In
addition to the definitions contained in the Oregon Vehicle Code, and for the
purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
BUS
STOP. A space on the edge of a
roadway designated by sign for use by buses loading or unloading passengers.
LOADING
ZONE. 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. A natural person, firm, partnership,
association, or corporation.
STREET. The terms HIGHWAY, ROAD,
and STREET
shall be considered synonymous, unless the context precludes the
construction. STREET includes alleys.
TAXICAB. A space on the edge of a roadway designated
by sign for use by taxicabs.
TRAFFIC
LANE. The area of the roadway
used for the movement of a single line of traffic.
(Ord. 80.01, passed 1-8-1991)
§ 70.04 POWERS OF THE COUNCIL.
(A) 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.
(B) The powers of the Council include, but are
not limited to:
(1) Designation of through streets;
(2) Designation of 1-way streets;
(3) Designation of truck routes;
(4) Designation of parking meter zone;
(5) Designation of certain streets as bridle
paths and prohibition of horses and animals on other streets;
(6) Authorization of greater maximum weights or
lengths for vehicles using city streets than specified by state law;
(7) Initiation of proceedings to change speed
zones;
(8) Revision of speed limits in parks;
(9) Temporary blocking or closing of streets;
(10) Establishment of bicycle lanes and paths and
traffic controls for the facilities;
(11) Restriction of the use of certain streets by any class or kind of
vehicle to protect the streets from damage;
(12) Issuance of overweight vehicle permits; and
(13) Establishment, removal, or alteration of the following classes of
traffic controls:
(a) Crosswalks, safety zones, and traffic lanes;
(b) Intersection channelization and areas where
drivers of vehicles shall not make right, left, or U-turns, and the time when
the prohibition applies;
(c) Parking areas and time limitations, including
the form of permissible parking (e.g. parallel or diagonal);
(d) Loading zones and stops for vehicles; and
(e) Traffic-control signs.
(Ord.
80.01, passed 1-8-1991)
§ 70.05 IMPLEMENTATION OF REGULATIONS.
The City
Administrator or his or her designee 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.
(Ord. 80.01, passed 1-8-1991)
§ 70.06 PUBLIC DANGER.
Under
conditions constituting a danger to the public, the Administrator or his or her
designee may install temporary traffic-control devices.
(Ord. 80.01, passed 1-8-1991)
§ 70.07 STANDARDS.
The
regulations of the Administrator or his or her designee shall be based on:
(A) Traffic engineering principles and traffic
investigations;
(B) Standards, limitations, and rules promulgated
by the Oregon Transportation Commission; and
(C) Other recognized traffic-control standards.
(Ord. 80.01, passed 1-8-1991)
§ 70.08 AUTHORITY OF POLICE AND FIRE OFFICERS.
(A) It is the duty of police officers to enforce
the provisions of this chapter.
(B) 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. 80.01, passed 1-8-1991)
§ 70.09 CROSSING PRIVATE PROPERTY.
No
operator of a motor vehicle shall proceed from 1 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. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.10 UNLAWFUL RIDING.
(A) 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.
(B) No person shall board or alight from a motor
vehicle while the vehicle is in motion on a street.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.11 ROLLER SKATES, SLEDS, AND THE LIKE.
(A) 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 streets except while crossing at a crosswalk, or in an authorized area.
(B) No person shall use the streets for traveling
on skis, toboggans, sleds, or similar devices, except where authorized.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.12 DAMAGING SIDEWALKS AND CURBS.
(A) 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.
(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 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 caused damage
shall be responsible for the cost repair.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.13 REMOVING GLASS AND DEBRIS.
A party to
a vehicle accident or a person causing broken glass or other debris to be on a
street shall remove the glass or other debris from the street.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.14 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. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.15 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. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.16 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 mph unless signs erected indicate otherwise.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.17 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 “Jacob” brakes, in a manner that creates
unnecessary noise is prohibited.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.18 METHOD OF PARKING.
(A) 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.
(B) 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.
(C) The operator who first begins maneuvering a
motor vehicle into a vacant parking space on a street has priority to park in
that space and no other vehicle operator shall attempt to interfere.
(D) 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.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.19 PROHIBITED PARKING OR STANDING.
No person
shall park or stand:
(A) A vehicle in violation of state motor vehicle
laws or in violation of a lawfully erected parking limitation sign or marking;
and/or
(B) 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 2-hour period.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.20 PROHIBITED PARKING.
No
operator shall park and no owner shall allow a vehicle to be parked on a street
for the principal purpose of:
(A) Displaying the vehicle for sale;
(B) Repairing or servicing the vehicle, except
repairs necessitated by an emergency;
(C) Displaying advertising from the vehicle;
and/or
(D) Selling merchandise from the vehicle, except
when authorized.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.21 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 one when the hours applicable to that loading
zone are in effect. When the hours
applicable to the loading zone are in effect, the load and unloading shall not
exceed the time limits posted. If not
time limits are posted, then the use of the zone shall not exceed 5 minutes for
loading or unloading of passengers and personal baggage and 15 minutes for
loading or unloading materials.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.22 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. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.23 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 taxicab
from temporarily stopping the taxicab outside a traffic lane while loading or
unloading passengers.
(Ord. 80.01, passed 1-8-1991) Penalty, see § 70.99
§ 70.24 RESTRICTED USE OF BUS AND TAXICAB STANDS.