CHAPTER 71:  TRAFFIC CONTROL

 

Section

General Provisions

 

71.001   Short title

71.002   Definitions, interpretation and conflict of laws

71.003   Penalties, fees set by resolution

 

Administration

 

71.015   Powers of the Council

71.016   Duties of the City Manager

71.017   Authority of police

 

General Regulations

 

71.030   Crossing private property

71.031   Unlawful riding

71.032   Roller skates, roller blades, skateboards, scooters, bicycles, sleds

71.033   Damaging sidewalks and curbs

71.034   Removing glass and debris

71.035   Storage of motor vehicles, personal property on streets, city parking lots or city property

 

Bicycles, Skateboards, Roller-skates, Scooters

 

71.050   Operating rules

71.051   Impounding of bicycles

71.052   Bicycle licensing

71.053   Renting of bicycles

 

Pedestrians

 

71.065   Pedestrians must use crosswalks

 

Parades and Processions

 

71.080   Prohibited activity

71.081   Parade permit

 

71.082   Appeal to Council

71.083   Offenses against parade

71.084   Permit revocable

71.085   Funeral procession

 

71.999   Penalty

 

 

GENERAL PROVISIONS

 

 

71.001  SHORT TITLE.

 

This chapter may be cited as “Tillamook City Uniform Traffic Ordinance” or “this chapter.”

(Ord. 1249a, passed 6-7-2010)

 

 

71.002  DEFINITIONS, INTERPRETATION AND CONFLICT OF LAWS.

 

BUS STOP means a space on the edge of a roadway designated by sign for use for bus loading or unloading of passengers.

 

BUSINESS means any and all businesses that provide a service, merchandise or goods and collect fees for that service, merchandise or goods; clubs and organizations with restricted       memberships that receive payment for food and drink served to members and non-members; providers of professional services, and collecting fees for services provided.

 

CITY means the City of Tillamook, Oregon, a Municipal Corporation. “City” also means the geographic area within the jurisdictional boundaries of the City of Tillamook.

 

CITY PROPERTY means, for the purposes of this and other section(s), property owned and/or controlled by the city as described in this or other section(s). For example, city property  include, but is not  limited to, highways, roadways, public rights of way, sidewalks, alleys, parking lots, parks, open spaces and any other city owned property. (This does not include private parking lots or private property; either open to the public or controlled access).

 

COMPACT  VEHICLE  means a motor vehicle, the overall length (bumper to bumper) of which is less than 165 inches.

  

DOWNTOWN PARKING DISTRICT means the parking district to include all commercial and public properties enclosed within and fronting on the below streets:

 

                  WEST BOUNDARY – Stillwell Ave. from 1st St. to 5th St.

                  SOUTH BOUNDARY – 5th St. from Stillwell Ave. to Madrona Ave.

                  EAST BOUNDARY – Madrona Ave. from 5th St. to 1st St. (Hwy. 6).

                  NORTH BOUNDARY – First St. (Hwy. 6) from Madrona Ave to Stillwell Ave

 

EMPLOYER/EMPLOYEE means any owner, operator, sales person, agent or worker whether paid by salary, bonus, commission, piece work or hourly wage and associated with or working for any commercial, professional, fraternal or public establishment within the Tillamook City Parking District unless excluded through franchise agreement or federal or state laws.

 

  1. Those days set by resolution, as well as other days designated by city council.

 

IMPROPER PARKING. Where marked parking spaces are provided, a vehicle shall be positioned within the parallel lines provided or within the lines marked perpendicular to curb for parallel parking.

 

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.

 

MUNICIPAL COURT means the Municipal Court Judge or the Violations Bureau Clerk(s).

 

OFFICER means any City of Tillamook police officer or any other City of Tillamook police employee, full time, part time or temporary, approved by the chief of police to enforce Code of the City of Tillamook, or Oregon Revised Statutes, enforceable as violations, within the city limits of Tillamook.

 

OUT OF STATE VEHICLE means a vehicle registered in a state other than Oregon and owned by a person, firm or corporation not working or residing within Tillamook County, Oregon.

 

PARK means to stand, stop or otherwise cause a motor vehicle to cease motion. “Park” does not include vehicle movement interrupted by a traffic control device.

 

PARKING LANE means that portion of any roadway designated for or normally used to park      vehicles.

 

PERSON means a natural person, firm, partnership, association, corporation, police officer, or city. Includes a member of the police of a city, municipal or quasi-municipal corporation.

 

PROOF OF LIABILITY INSURANCE must include insurance company name, a currently valid policy, its number and date of policy expiration, the vehicle(s) insured and the driver(s) insured.

 

PROOF OF OWNERSHIP means the title or registration in the claimant’s name (or signed off in case of a Motor Vehicles title). The vehicle must have valid plates and tags.

 

ROADWAY means the portion of a highway/street that is improved, designed or ordinarily used for vehicular traffic exclusive of the shoulder.

 

STREET means highway, road or street as defined in ORS, including the entire width of the right-of -way.

 

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.

 

TRAILER means every vehicle, without motive power designated or designed to be drawn or towed by another vehicle.

 

TRASH CONTAINER means an A.N.S.I. (American National Standards Institute), approved, 1 to 40 cubic yard, metal drop box.

 

VEHICLE means every vehicle that is self-propelled, including without limitation tractors, forklift 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. Vehicle also means any trailer, whether or not required to be licensed or registered by Oregon Revised Statutes. Vehicle also includes bicycles.

 

 

As used in this section, the singular includes the plural, and the masculine includes the        feminine.

 

The definitions of words and phrases used in this section and found in the Oregon Vehicle Code are incorporated here by reference to supplement this section. However words and phrases specifically defined herein shall control over conflicts with the Oregon Vehicle Code.

 

 

Except where the context clearly indicates a different meaning, the definitions contained in the Oregon Revised Statutes, as now or hereafter constituted, are adopted by reference and made a part of this chapter. In any conflict of laws, the city’s definitions and interpretation shall control. The City Council expressly retains the exclusive authority to define and interpret the meaning and application of the city’s ordinances, orders, rules, resolutions and/or other city law, even those laws borrowed from any other jurisdiction and incorporated as city law, such as, the Oregon Revised Statutes. The City Council reaffirms and adopts current O.R.S. and O.A.R. in effect and referenced in this chapter.

(Ord. 1249a, passed 6-7-2010; Ord. 1263, passed 1-3-2012)  Penalty, see ‘ 71.999

 

 

71.003  PENALTIES, FEES SET BY RESOLUTION.

 

(A)  Unless otherwise specified, violations of this chapter are punishable by fine, to be set by resolution.

 

(B)  Each day or distinct time period of a violation, as described in this chapter, shall be considered a separate violation, subject to a separate penalty as described in this chapter and by resolution.

 

(C)  Fees identified in this chapter shall be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

 

ADMINISTRATION

 

 

71.015  POWERS OF THE COUNCIL.

 

(A)  Subject to state laws, the City Council, on all highways, streets, roadways, alleys, city property, parks and city parking lots, shall exercise all road traffic and parking authority for the city except those powers expressly delegated by this chapter or another section.

 

(B)  The powers of the Council include but are not limited to:

 

(1)   Designation of city-controlled through streets and directions of travel;

 

(2)   Designation of truck routes;

 

(3)   Designation of parking meter zones, spaces, rates and space leases;

 

(4)   Designation of the type of vehicle traffic allowed;

 

(5)   Authorization of greater maximum weights, heights or lengths for vehicles using city streets than specified by state law;

 

(6)   Revision of speed zones;

 

(7)   Revision of speed limits in parks, city property and city parking lots;

 

(8)   Temporary or permanent closure of any public roadway, street or other public way in the city, not subject to state or federal control; and

 

(9)   The regulation of all other vehicle and pedestrian uses of city property as reasonably necessary for the public’s general health, safety and welfare, whether temporary or permanent.

 

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

 

(1)   Crosswalks, safety zones and traffic lanes, intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies; and

 

(2)   Parking areas, parking restrictions and time limitations, including the form of permissible parking.

 

(D)  All vehicle and pedestrian regulations apply 24 hours a day, seven days a week, uninterrupted, unless otherwise specified.

 

 

(E)  All vehicle and pedestrian traffic control shall be posted by signs reasonably calculated to inform the public of the regulation and of the time and place to which it applies.  Signs conforming to federal and state highway standards meet this standard.

(Ord. 1249a, passed 6-7-2010)

 

 

71.016  DUTIES OF THE CITY MANAGER.

 

The City Manager or his or her designee shall exercise the following duties: implement the Code of the City of Tillamook, resolutions and motions of the Council.

(Ord. 1249a, passed 6-7-2010)

 

 

71.017  AUTHORITY OF POLICE.

 

The Police Chief or his or her designee shall enforce the provisions of this chapter.

(Ord. 1249a, passed 6-7-2010)

 

 

GENERAL REGULATIONS

 

 

71.030  CROSSING PRIVATE PROPERTY.

 

No operator of a vehicle shall proceed from one street to another street by crossing private property without the permission of the private property owner.  This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services.  Violation of this section shall be punishable by a fine set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.031  UNLAWFUL RIDING.

 

(A)  (1)   The operator of a vehicle shall not permit a passenger to, and no passenger shall, ride on a vehicle on a street, premises open to the public or other city-owned property except within a part of the vehicle designed or intended for the use of passengers.

 

(2)   No person shall board or alight from a vehicle while the vehicle is in motion upon any premises open to the public, street or other city-owned property.

 

(B)  Violation of this section shall be punishable by a fine set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

 

71.032  ROLLER SKATES, ROLLER BLADES, SKATEBOARDS, SCOOTERS, SLEDS.

 

(A)  No person shall:

 

(1)   Use roller blades, roller skates, skateboards, scooters or sleds on sidewalks in public owned parking lots in a designated parking district; or

 

(2)   Use streets for traveling on sleds or similar devices except to cross at a crosswalk.  When crossing at a crosswalk, that person shall be subject to all duties applicable to pedestrians.

 

(B)  Violation of this section shall be punishable by a fine set by resolution.

(Ord. 1249a, passed 6-7-2010, Ord 1279, passed 8-19-2013)  Penalty, see ‘ 71.999

 

 

71.033  DAMAGING SIDEWALKS AND CURBS.

 

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

 

(B)  No person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of creating a driveway.

 

(C)  No person shall remove a portion of a curb, or move a motor vehicle or any device moved by a motor vehicle upon a curb or sidewalk, without first obtaining city authorization and posting bond if required.  Violation of this section shall be punishable by a fine to be set by resolution.  A person who causes damage to a curb shall be responsible for the cost of repair, in addition to any fine.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.034  REMOVING GLASS AND DEBRIS.

 

A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street at his or her own expense.  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.035  STORAGE OF MOTOR VEHICLES, PERSONAL PROPERTY ON STREETS, CITY PARKING LOTS OR CITY PROPERTY.

 

 

(A)  (1)   No person shall store or permit to be stored on a street, city right-of-way, city parking lot or city property, without permission of the City Manager, a vehicle or trailer, approved personal property, trash containers, construction equipment or construction supplies for a period in excess of 24 hours.  Failure to move on a street (a minimum distance of 250 feet) a motor vehicle, trailer, trash container, construction equipment or construction supplies for a period of 24 hours shall constitute prima facie evidence of violation of this section.

 

(2)   Vehicles directly in front of the owner’s residence shall be considered parked and not stored, for purposes of this section, if the motor vehicle is currently registered to a resident at that address and the vehicle is operational and currently insured; except that no vehicle, even in front of one’s residence or business, shall be allowed to be parked for over 30 cumulative days in any six-month period.  Any vehicle(s) parked for over 30 cumulative days in a six-month period shall be in violation.

 

(B)  When parked or stored on any city property, city right-of-way or street, any personal property, trash containers, construction equipment or construction materials shall have safety, sight or warning devices as to protect pedestrians or vehicles approaching.  Trash containers, in addition to any warning devices required by Public Works or the City Manager, shall have reflective devices or material placed on them.

 

(C)  The minimum requirements for reflectors shall be as follows.

 

(1)   All trash containers shall be equipped with two front and two rear reflectors, as well as forward and rearward side reflectors.

 

(2)   Rear and rearward side reflectors shall be red.

 

(3)   Front and forward side reflectors shall be amber.

 

(4)   Rear reflectors shall be placed one on each side of the rear portion of the container, at the corners.

 

(5)   Front reflectors shall be placed one on each side of the front portion of the container, at the corners.

 

(6)   Forward side reflectors shall be mounted on each side, near the front of the container.

 

(7)   Rearward side reflectors shall be mounted on each side, near the rear of the container.

 

(8)   Reflectors shall be mounted on the container at a height not less than 15 inches and not more than 60 inches above the ground on which the container sits.

 

(9)   Reflectors shall be of a size or characteristics and so mounted and maintained as to be readily visible at night.

 

(10)  Reflectors required to be mounted on the sides of the container shall reflect the required color of light to the sides and those mounted to the front and rear shall reflect the required color light to the front or rear.

 

 

(11)  No trash container shall be placed on any street, city property or city right-of-way without first obtaining a permit from the City Hall.  A fee shall also be paid.  The fee shall be set by resolution.

 

(D)  A violation of this section shall be punishable by a fine set by resolution.  In addition, any cost incurred by the city for removal of any vehicle, trailer, property, trash container, construction equipment, construction material or any other property, vehicle or material shall also be recovered from the responsible person(s).

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

 BICYCLES, SKATEBOARDS, ROLLER SKATES, SCOOTERS

 

 

71.050  OPERATING RULES.

 

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

 

(A)  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.  A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles; and

 

(B)  Not ride a bicycle, skateboard, roller skates or scooter upon a sidewalk within the Downtown Parking District.  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.051  IMPOUNDING OF BICYCLES.

 

(A)  No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof.

 

(B)  A bicycle left unattended on city property for a period in excess of 24 hours may be impounded by the Police Department.

 

(C)  If a bicycle impounded under this chapter is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner.  No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded.

 

(D)  A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property (see Chapter 34).

 

 

(E)  Violation of this section shall be punishable by a fine set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.052  BICYCLE LICENSING.

 

(A)  No person who lives or works within the city limits shall operate a bicycle upon the streets within the city limits of this city, which has not been licensed as provided by this chapter.

 

(1)   A number shall be assigned to each bicycle by the Police Chief or other official as directed by him or her, and a record of the license issued shall be maintained as part of the police records.  The name of the city and license number assigned shall be affixed to the frame of the bicycle.  The Police Chief shall issue licenses and obtain the name and address of each person purchasing a license and record the make, model and serial number (if any) of the bicycle.

 

(2)   A person buying or otherwise obtaining a bicycle shall obtain a license from the Police Chief.

 

(3)   Bicycle licenses shall become invalid upon change of ownership.

 

(4)   The fee for a bicycle license shall be set by resolution.

 

(5)   A bicycle, whether or not licensed under the regulations of any other governmental unit, if brought into this city, shall be licensed in accordance with this chapter within 30 days.

 

(6)   No bicycle shall be licensed which is not equipped in accordance with this chapter.

 

(B)  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.053  RENTING OF BICYCLES.

 

No person shall rent to another a bicycle not licensed and equipped as required by this chapter.  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

PEDESTRIANS

 

 

71.065  PEDESTRIANS MUST USE CROSSWALKS.

 

(A)  No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk.  However, this section shall not excuse a motorist from exercising reasonable care, in addition to any other duty required under local, state and/or federal law.

 

(B)  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

  

 

PARADES AND PROCESSIONS

 

 

71.080  PROHIBITED ACTIVITY.

 

No person shall organize or participate in a parade which may disrupt or interfere with traffic, without first obtaining a city permit.  A permit shall always be required of a procession of people utilizing the public right‑of‑way and consisting of ten or more persons or five or more vehicles.  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

71.081  PARADE PERMIT.

 

(A)  Application for parade permits shall be made to the City Manager at least 30 calendar days prior to the intended date of the parade, unless for good cause the time is waived by the City Manager.

 

(B)  Applications shall include the following information:

 

(1)   The name and address of the person responsible for the proposed parade;

 

(2)   The date of the proposed parade;

 

(3)   The desired route, including assembling points;

 

(4)   The number of persons, vehicles and animals which will be participating in the parade;

 

(5)   The proposed starting and ending time; and

 

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

 

(C)  If the City Manager, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, he or she shall approve the route and issue the permit.

 

(D)  If the City Manager determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, the City Manager may:

 

(1)   Propose an alternate route;

 

(2)   Propose an alternate date; or

 

(3)   Refuse to issue a parade permit.

 

(E)  The City Manager shall notify the applicant of his or her decision within five calendar days of receipt of the application.

 

(F)   If the City Manager proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal his or her decision to the City Council.

(Ord. 1249a, passed 6-7-2010)

 

 

71.082  APPEAL TO COUNCIL.

 

(A)  An applicant may appeal the decision of the City Manager by filing a written request of appeal with the City Recorder within five business days after the City Manager has proposed alternatives or refused to issue a permit.

 

(B)  The Council shall schedule a hearing date, which shall not be later than the second regular session following the filing of the written appeal with the City Recorder, and shall notify the applicant of the date and time that he or she may appear either in person or by a representative.

(Ord. 1249a, passed 6-7-2010)

 

 

71.083  OFFENSES AGAINST PARADE.

 

(A)  (1)   No person shall interfere with a parade or parade participant.

 

(2)   No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade while the parade is en route.

 

(B)  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

 

71.084  PERMIT REVOCABLE.

 

The City Manager may revoke a parade permit if circumstances show that the parade can no longer be conducted consistent with public safely.

(Ord. 1249a, passed 6-7-2010)

 

 

71.085  FUNERAL PROCESSION.

 

(A)  (1)   A permit shall not be required to conduct a funeral procession.

 

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

 

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

 

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

 

(5)   No person shall 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, when practical.

 

(B)  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 71.999

 

 

 

‘ 71.999  PENALTY.

 

(A)  Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ‘ 10.99.

 

(B)  Violation of this chapter, unless otherwise specified, shall be punishable by a fine to be set by resolution.

 

\(Ord. 1249a, passed 6-7-2010)

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