CHAPTER 72:  PARKING

 Section

 

Parking Regulations, Generally

 

72.001   Method of parking

72.002   Prohibited parking

72.003   Use of loading zone

72.004   Exemption

72.005   Improper parking and penalties

 

Parking Meters

 

72.020   Deposit of coins

72.021   Legal time limits

72.022   Mechanical defect

72.023   Collections

72.024   Parking permits for construction purposes

72.025   Usage of revenues

 

Parking Citations and Owner Responsibility

 

72.040   Citations on illegally parked vehicles

72.041   Failure to comply with parking violation attached to parked vehicle

72.042   Notice of, and an opportunity to, contest proposed impound

72.043   Court order

72.044   Response by defendant

72.045   No response by defendant

 

Impoundment and Penalties

 

72.060   Impoundment of vehicles

72.061   Obstructing enforcement

72.062   Damaging parking control devices

72.063   Unauthorized use of parking permits

72.064   Unauthorized parking control devices

72.065   Owner responsibility

72.066   Presumption pertaining to registered owner

72.067   Violation classified

 

72.068   Costs, disbursements, fees and penalties

72.069   City impound fee

72.070   Fines and remedies

72.071   Interest

72.072   Hearing available to contest validity of tow and impoundment

 

Downtown Parking District

 

72.105   Definitions

72.106   Parking control

72.107   Parking restrictions

72.108   Overtime parking

72.109   Citations by officer on illegally parked vehicles

72.110   Citizen complaints, their service and citizen witness required

72.111   Limited exception from applicability

 

72.999   Penalty

 

 

PARKING REGULATIONS, GENERALLY

 

 

72.001  METHOD OF PARKING.

 

(A)  On a street, highway, alley, city parking lot or city property:

 

(1)   Where parking spaces are designated, no person shall park or stand a vehicle other than in the direction of the traffic flow and in such a manner that the front vehicle tire closest to the curb is located within 12 inches of the curb and within a single marked space, unless the size or the shape of the vehicle makes compliance impossible;

 

(2)   Unless authorized by law, no person shall diagonal-park in any diagonal parking space by backing into and parking backward in that space; and

 

(3)   Where indicated by a yellow curb, no vehicle shall stand or park unless authorized by specific sign and activity, to include but not be limited to bus, taxi or loading zone(s).

 

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

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.002  PROHIBITED PARKING.

 

(A)  On a street, highway, alley, city parking lot, loading zone or city property, no person shall park or allow a vehicle to remain:

 

(1)   In violation of the State Vehicle Code or city code, in violation of a parking limitation or restriction device or sign; or

 

(2)   In an alley, for a stop of more than 30 consecutive minutes for loading and unloading persons or materials.

 

(B)  No operator shall park, and no owner shall allow a vehicle to be parked upon a street, city parking lot or city property for the purpose of:

 

(1)   Displaying the vehicle for sale, except a vehicle parked in front of a person’s residence or place of work, while at work;

 

(2)   Repairing or servicing the vehicle, except repairs necessitated by an emergency; or

 

(3)   Selling merchandise from the vehicle, except when proper permits have been obtained from the city.

 

(C)  Violation of this section is punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.003  USE OF LOADING ZONE.

 

No person shall park a vehicle in a loading zone for more than 30 minutes, to load or unload persons or materials.  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.004  EXEMPTION.

 

The provisions of this chapter shall not apply to persons operating public vehicles, while engaged in the public’s business, including without limitation:

 

(A)  A city, county, state or public utility vehicle being used for public works maintenance, construction, repair work, law enforcement or other public safety or vehicle being used for collection, transportation or delivery of mail for the United States Postal Service; and

 

(B)  Nothing in this chapter is intended to restrict a person with a state disability parking permit from operating in compliance with state law.

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

 

 

72.005  IMPROPER PARKING AND PENALTIES.

 

It shall be unlawful to park a vehicle on any street or public parking lot within the city with any part of the vehicle extending over the marked lines.  A vehicle which is longer or wider than the spaces provided will not be in violation of this section.  It shall also be a violation of this section to park in violation of any height limitations indicated by sign or markings.  Violation of this section shall be punishable by a fine set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

 

PARKING METERS

 

 

72.020  DEPOSIT OF COINS.

 

A person parking a vehicle in a metered parking space shall immediately pay a parking space usage fee by depositing United States of America coin in the appropriate parking meter sufficient for the time the vehicle is parked there.  However, a person may use remaining meter time sufficient for the person’s parking use.  Violation of this section shall be punishable by a fine to be set by resolution.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.021  LEGAL TIME LIMITS.

 

(A)  (1)   No person shall permit his or her vehicle to remain parked at a metered space after the time on that parking space’s meter has expired.

 

(2)   Parking meter fees are required for use of the metered parking spaces every day between 9:00 a.m. and 5:00 p.m., except on Sundays and holidays.

 

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

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.022  MECHANICAL DEFECT.

 

An unintentional violation of ” 72.020 and 72.021 due to a mechanical failure of a parking meter is a defense to a violation under either section.

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

 

72.023  COLLECTIONS.

 

The Chief of Police or his or her designee shall be responsible for the collection of all coins deposited in parking meters.

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

 

 

72.024  PARKING PERMITS FOR CONSTRUCTION PURPOSES.

 

The city may issue a parking permit to a person engaged in the construction, reconstruction or repair of a building or installation of equipment in a building adjacent to a street within the Parking District.  A permit shall be issued only in non‑metered areas, including alleys, which might be used or blocked off without interference with commerce, or found reasonably close to the place where the person is engaged and shall be issued for use for each particular construction job.  A person with a properly issued permit shall display it upon the permittee’s vehicle, easily visible from outside the vehicle.  This will reserve the parking space for the use of the permittee’s vehicle during the period when he or she is actually engaged in the task for which the permit was issued.  Violation of this section shall be punishable by a fine to be set by resolution.  Violation of this section may also result in the parking permit being revoked.

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

 

 

72.025  USAGE OF REVENUES.

 

Not less than 10% of all annual parking meter receipts may be budgeted yearly for parking improvements.

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

 

 

 

PARKING CITATIONS AND OWNER RESPONSIBILITY

 

 

72.040  CITATIONS ON ILLEGALLY PARKED VEHICLES.

 

Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter, the officer finding the vehicle shall take its license number, and other information displayed on the vehicle, which may identify its owner, and shall conspicuously affix to the vehicle a parking citation for the operator to answer to the charge or pay the penalty.  A subsequent violation occurs if the vehicle remains in the same space after the issuance of a citation for a period which exceeds the time designated as the parking time limitation for the space.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.041  FAILURE TO COMPLY WITH PARKING VIOLATION ATTACHED TO PARKED VEHICLE.

 

Upon order of the Municipal Court, vehicles used in the commission of a parking violation may be impounded according to the provisions of this chapter and following due process.  A person’s or owner’s vehicle is subject to impound if the person or owner has two unpaid city parking convictions issued to the same vehicle license plate or registration.  A PARKING CONVICTION is a parking citation that has been adjudicated by either a no contest or guilty plea or finding, or a finding of guilty by failure to appear.  An UNPAID, CITY PARKING CONVICTION does not include any unpaid conviction for which an existing, court‑authorized installment repayment plan for fines and other assessments is not otherwise delinquent or in default.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.042  NOTICE OF, AND AN OPPORTUNITY TO, CONTEST PROPOSED IMPOUND.

 

Notice of a proposed vehicle impound shall be served upon the vehicle’s registered owner, the citation’s defendant (if different from owner), if known, and any person known to have a perfected or recorded security interest in the vehicle as based on information on the registration from DMV.  Notice shall be served not less than 14 days in advance of any impound order.  Service of notice shall be by any means under state law reasonably calculated to convey actual notice to those person(s) entitled to notice, including but not limited to personal service or first‑class, certified, return receipt requested United  States mail.  The defendant shall respond, if at all, in writing within 14 days from the date of mailing and shall specify any affirmative defenses and explanations against the proposed impound.

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

 

72.043  COURT ORDER.

 

The Court may order the vehicle impounded and assess any cost, disbursement or fee when defendant has:

 

(A)  Two unpaid city parking convictions, on the same vehicle license plate or registration;

 

(B)  Been properly served notice of the pending vehicle impound proceeding; and

 

(C)  Failed to respond, has waived his or her rights to contest the proposed impound and/or when the Court finds the defendant failed to carry his or her burden of proof of any affirmative defense, excuse or other explanation.

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

 

 

72.044  RESPONSE BY DEFENDANT.

 

If defendant responds as required, the Court shall notify the defendant of the hearing date, time and location on whether or not to order the proposed impound of the vehicle.  The Court shall decide whether or not to order impoundment of the vehicle in due course.

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

 

 

72.045  NO RESPONSE BY DEFENDANT.

 

If the defendant does not timely respond, then the defendant shall be conclusively presumed to have waived the defendant’s right to contest the proposed impound.  The Court or its designee shall then issue the order of impound.

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

 

 

 

IMPOUNDMENT AND PENALTIES

 

 

72.060  IMPOUNDMENT OF VEHICLES.

 

(A)  Impoundment.  A vehicle is subject to impoundment whenever the vehicle is:

 

(1)   Operated by a person who is driving while suspended or revoked, driving uninsured, driving under the influence of intoxicants (DUII), or operating a vehicle without driving privileges or in violation of driving restrictions;

 

(2)   There is a court order for impoundment for unpaid parking violations; or

 

(3)   In violation of ‘ 71.35 or ‘ 72.002 while on properly posted city property, streets or city parking lot.  A police officer may, without prior notice, order the vehicle to be impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer or judge.

 

(B)  Notice of towing/impoundment.  In the event a police officer impounds a vehicle pursuant to the provisions of division (A) above, notice consistent with the provisions of O.R.S. 819.180(2) shall be sent within 48 hours of the impoundment (excluding weekends and holidays) to any owner(s), lessors or security interest holder(s) as shown by the records of the appropriate Department of Motor Vehicles.

 

(C)  Release of vehicle.  Any person seeking the release of a vehicle impounded pursuant to the provisions of division (A) above shall provide the city with proof of liability insurance, proof of ownership and a valid operator’s license.  In addition, any person lawfully entitled to the release of the vehicle shall first pay, prior to the release of the vehicle, an administrative fee to the city.  The administrative fee shall be established by city resolution and the fee shall cover the administrative costs of the impoundment.  The person shall then be responsible to the towing company for all charges incurred due to the impoundment of the vehicle.

 

(D)  Inventory of contents.  A vehicle that has been impounded, seized as evidence in a criminal investigation or seized for forfeiture by the City Police Department, shall be inventoried for condition and property contents to identify damage and to list all valuables in the vehicle to avoid civil liability.  The search and inventory shall be conducted pursuant to current City Police Department policies and procedures.

 

(E)  Release.  A vehicle impounded for unpaid parking violations shall not be released until all outstanding fines, towing and impoundment fees have been paid.

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

 

 

72.061  OBSTRUCTING ENFORCEMENT.

 

(A)  No person shall:

 

(1)   Cover, erase or otherwise render indistinguishable any mark placed on the tires of a vehicle by any officer having enforcement responsibility as provided by this chapter;

 

(2)   Resist, interfere with or in any way hinder an officer who is actively in the discharge or apparent discharge of the officer’s duties under this chapter;

 

(3)   Give any false, untrue or misleading information to an officer; or

 

(4)   Hinder, delay, mislead or impede an officer in the performance of his or her lawful duty.

 

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

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.062  DAMAGING PARKING CONTROL DEVICES.

 

No person shall destroy, damage, deface, alter, tamper with or in any way impair the usefulness, either temporarily or permanently, of any parking device or sign.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.063  UNAUTHORIZED USE OF PARKING PERMITS.

 

(A)  No person shall copy, reproduce or alter any parking decal, form, sticker or other device issued by the city pursuant to the provision of this chapter.

 

 

(B)  It shall be unlawful for any person to use any altered, forged or expired permit on any vehicle for the purpose of representing that the vehicle is in compliance with any section of this chapter, which motor vehicle requires a sticker, form, decal or other device, when that vehicle and the owner or operator thereof are not so entitled to use the same.

 

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

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.064  UNAUTHORIZED PARKING CONTROL DEVICES.

 

(A)  It shall be unlawful for any person to place, erect, paint, inscribe or otherwise establish any parking control device which purpose is to restrict or control parking, except any parking control devices as may be authorized by the city and/or the state.

 

(B)  Violation of this section shall be punishable by a fine to be set by resolution.  In addition, the city may impound any device and hold until disposition is decided by the Municipal Court or other court of venue.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.065  OWNER RESPONSIBILITY.

 

The owner, including the registered owner of a vehicle, who is parking in violation of a parking restriction contained in this chapter, is responsible for any violation and fine, which may be assessed for any violation of this chapter, except where the owner and/or registered owner proves that the possession or use of the vehicle was secured by another without the consent of the owner and/or registered owner of the motor vehicle.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.066  PRESUMPTION PERTAINING TO REGISTERED OWNER.

 

In a prosecution involving a parking violation under this chapter, proof that the vehicle that was parked in violation of this chapter was registered to the defendant upon the records of the Department of Motor Vehicles of this state shall constitute a presumption that the registered owner was the owner of the vehicle at the time of the violation.

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

 

 

72.067  VIOLATION CLASSIFIED.

 

Any offense described in this chapter is a violation punishable by fine.  However other legal and/or equitable remedies, costs, disbursements and/or fees may be assessed by the Court.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.068  COSTS, DISBURSEMENTS, FEES AND PENALTIES.

 

Upon a conviction of a violation of this chapter, the Court shall order that defendant pays any cost, disbursement, fee or penalty authorized by this chapter.  In addition, upon conviction by the Court, all costs of removal and disposition of personal property, trash containers, construction equipment, construction supplies, trash, vehicles or other property may also be levied as part of the fine.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.069  CITY IMPOUND FEE.

 

Defendant shall pay an administration fee, as set by resolution, for city staff arranging the tow and impound of the vehicle.  This fee expressly shall not include any private vendor charges for tow or impound services.

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

 

 

72.070  FINES AND REMEDIES.

 

(A)  Defendant shall pay all fines assessed by the Court.  Maximum fines shall be those currently existing for the various infractions or offenses in this chapter or state law, unless otherwise modified by this chapter or as set by Council resolution or subsequent amendment.

 

(B)  The Court may award city restitution, damages and/or injunction.

(Ord. 1249a, passed 6-7-2010)  Penalty, see ‘ 72.999

 

 

72.071  INTEREST.

 

Defendant shall pay interest at not less than the legal rate of interest on all amounts owed to city which are 30 days or more past due originating from Court judgments or convictions.

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

 

 

72.072  HEARING AVAILABLE TO CONTEST VALIDITY OF TOW AND IMPOUNDMENT.

 

 

In the event a person wishes to contest the validity of the impoundment of a vehicle seized pursuant to this chapter, the person(s) must file a request to the city for a hearing within five calendar days of the impoundment.  When a timely request for a hearing is made, a hearing shall be held before a hearings officer designated by the city.  The hearing shall be set for four calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person requesting the hearing.  The city shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of O.R.S. 806.010, 807.010, 811.175, 811.182 or 813.010 or any provision of this chapter for which towing and impoundment are city remedies.  The police officer or parking enforcement officer who ordered the vehicle impounded may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.  If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order affirming the removal and shall find that the owner or person entitled to possession of the vehicle is liable for the administrative fee and for usual and customary towing and storage charges.  The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing.  If the hearings officer finds that reasonable grounds for the impoundment of the vehicle was not supported by a preponderance of the evidence, then the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for the administrative fee and any towing or storage costs resulting from the impoundment.  If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the city.

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

 

 

DOWNTOWN PARKING DISTRICT

 

 

72.105  DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

  1.   The area on both sides of a street between nearest cross‑streets or intersection.

 

  1.   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.

 

DAYS AND HOURS OF CODE ENFORCEMENT.  Monday through Saturday, 9:00 a.m. to 5:00 p.m., excluding Sundays and holidays.

 

DOWNTOWN PARKING DISTRICT.  The downtown area of the city, defined by the boundaries in the definition of DOWNTOWN PARKING DISTRICT BOUNDARIES below, where there is the desire to control or restrict parking of employees, employers, residents, students, volunteers and resident visitors, where indicated by approved sign(s), to provide customer parking and better access to businesses in the District.

 

DOWNTOWN PARKING DISTRICT BOUNDARIES.  The following street(s); both sides of each street are within the district unless specifically indicated otherwise in this section:

Stillwell Avenue, First Street to Fifth Street; Ivy Avenue, First Street to Third Street; Main Avenue, First Street to Fifth Street; Pacific Avenue, First Street to Fifth Street; Laurel Avenue, First Street to Fifth Street; Madrona Avenue, First Street to Fourth Street; First Street, Stillwell Avenue to Madrona Avenue; Second Street, Stillwell Avenue to Laurel Avenue; Third Street, Stillwell Avenue to Nestucca Avenue; Fourth Street, mid‑block of Grove [Stillwell] Avenue to Madrona Avenue; Fifth Street, Stillwell Avenue to Main Avenue on the North Side; and Fifth Street, Main Avenue to Laurel Avenue.

 

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

 

EMPLOYEE/EMPLOYER VOLUNTEER.  Any person, who not for compensation, acting or serving willingly and with no constraint or guarantee of reward, performs any function(s) normally done by an employee/employer in any commercial, professional, fraternal or public establishment within the City Parking District, unless excluded through franchise agreement or federal or state laws.

 

  1.   Any city police officer, reserve police officer or other city employee, full-time, part-time or temporary, approved by the Chief of Police to enforce city code or state statutes in regards to any parking or code violations within the city limits.

 

PARKING DISTRICT.  Includes all public streets and all off-street public parking facilities in the boundaries of the Downtown Parking District.

 

  1.   A permit or pass, provided by the city, either for or not for a fee, set by resolution, allowing parking in a parking space or area otherwise not allowed by this subchapter.

 

PERMIT(S).  Include a daily construction permit as well as a delivery permit.

 

(1)   DELIVERY PERMIT(S).  Allow the permit holder(s) to park in any parking space in the Downtown Parking District for up to 15 minutes at a time for the purpose of loading, unloading, delivering or picking up items from his or her place of business or employment, providing a temporary exemption from zone restriction(s) indicated for that space.

 

(2)   DELIVERY AND CONSTRUCTION PERMITS.  Shall be requested and provided through the Police Department.

 

  1.   Regularly staying at an apartment or dwelling, a place where a person regularly stays or lives, one’s legal domicile.

 

  1.   A student of any college, training center or school that receives payments from students as tuition and accepts members of the public as customers who receive services for which payments are made for those services, shall be classified as an employee/employer while attending the college, training center or school.

 

 

  1.   Visiting, for any period of time, a resident or resident’s other visitor.  This may include other family member(s) who do not normally reside at the same residence as the resident.

 

  1.   All its common meanings, including activities as a volunteer or student.

 

ZONE(S).  A specific number of connected parking space(s), either on a public street, or in a public-owned parking lot, signed the same, to control duration of parking allowed and/or types of person(s) allowed to park in those identified spaces.

 

(1)   The goal of this section is to easily identify a specific area or number of spaces to have consistent parking control for easier use and for easier enforcement.  A specific number of parking spaces could include but not be limited to a block, one side of a block, a row of parking spaces in a lot or even an entire lot.  Signs would all be consistent in the District and also be consistent with signs of similar control, throughout the city.

 

(2)   ZONE designation(s) for specific parking space(s) in city parking lot(s), on city street(s) and other city-controlled parking area(s) or space(s) within the Downtown Parking District shall be approved by the City Council by resolution.

 

(a)   ZONE (A).  Fifteen-minute parking, a maximum of 15 minutes at any one time in spaces in this zone.

 

(b)   ZONE (B).  Thirty-minute parking, a maximum of 30 minutes at any one time in spaces in this zone.

 

(c)   ZONE (C).  One-hour parking, a maximum of one hour at any one time in spaces in this zone.

 

(d)   ZONE (D).  Two-hour parking, a maximum of two hours at any one time in spaces in this zone.

 

(e)   ZONE (E).  Three-hour parking, a maximum of three hours at any one time in spaces in this zone.

 

(f)   ZONE (F).  Four-hour parking, a maximum of four hours at any one time in spaces in this zone.

 

(g)   ZONE (G).  Eight-hour parking, a maximum of eight hours at any one time in spaces in this zone.

 

(h)   ZONE (H).  Permit parking only, permits provided by the city, by process, with or without fee.

 

(i)    ZONE (I).  No employee, employer parking in this zone without permit.

 

 

(j)    ZONE (J).  No resident parking in this zone, without permit.

 

(k)   ZONE (K).  No volunteer, student parking in this zone, without permit.

 

(l)    ZONE (L).  No visitor parking in this zone, without permit.

(Ord. 1216, passed 12-4-2006; Ord. 1264, passed 1-3-2012)

Cross-reference:

Downtown Parking District defined, see also 71.004

 

 

72.106  PARKING CONTROL.

 

A person parking within the Parking District shall comply with this subchapter and with the posted times on signs marking individual spaces or areas.

(Ord. 1216, passed 12-4-2006)  Penalty, see ‘ 72.999

 

 

72.107  PARKING RESTRICTIONS.

 

No person shall cause any motor vehicle operated by that person to be parked upon a public street or public-owned parking facility within the Downtown Parking District, in violation of any Zone (I), (J), (K) or (L) restriction defined in this subchapter, identified by sign, between the hours of 9:00 a.m. and 5:00 p.m. daily, excepting holidays and Sundays.

(Ord. 1216, passed 12-4-2006)  Penalty, see ‘ 72.999

 

 

72.108  OVERTIME PARKING.

 

No person shall park a vehicle on the same block for longer than the time designated for the parking space or area.  Where a sign designates maximum parking time limits, movement of a vehicle within that block or parking lot shall not extend the time limits for parking.  A subsequent violation occurs if the vehicle remains after issuance of a citation for an additional time period which exceeds the time designated for the space.

(Ord. 1216, passed 12-4-2006)  Penalty, see ‘ 72.999

 

 

72.109  CITATIONS BY OFFICER ON ILLEGALLY PARKED VEHICLES.

 

Upon violation of this subchapter, an officer shall record on the citation the information necessary to identify the vehicle, its owner or operator, and to prove the violation.  The citation shall include a summons notifying the owner or operator of the date, time and place to appear and answer the citation in Municipal Court.  The officer shall next serve the citation on the owner or operator personally or by affixing the citation to the vehicle if the operator cannot be readily located.  If contested, a citation alleging a beginning and ending date and time shall be construed as alleging the maximum number of separate offenses possible for person or subject vehicle for the parking space or area identified.

(Ord. 1216, passed 12-4-2006)

 

 

72.110  CITIZEN COMPLAINTS, THEIR SERVICE AND CITIZEN WITNESS REQUIRED.

 

A parking violation citation may also be served by an officer upon a person alleged to be in violation of this subchapter following receipt of a sworn parking complaint from a citizen.  A citizen swearing out a parking complaint agrees to appear as a witness for the prosecution in Municipal Court.  If a citizen is unwilling to appear as a witness, then the citation shall not be served.

(Ord. 1216, passed 12-4-2006)

72.111  LIMITED EXCEPTION FROM APPLICABILITY.

(1)Any person, group, or business may apply to the City for a limited exemption from certain

restrictions imposed by this section, within the Downtown Parking District. All other laws

and or ordinances shall remain in full force and effect. Exemption may be requested in writing,

to the City Manager, who, upon review of the requested, approve the request in full or part, or

present the request to the appropriate committee, to then be presented to the Council for

 

(2) Vehicles with appropriately displayed current handicap placards or license shall be exempt from

timed parking as indicated in Oregon Revised Statutes. Ln addition, employees, employers and

residents in the Downtown Parking District are also exempt from employee, employer, resident

parking restrictions when appropriately displaying current handicap placards or license and are

parked in a signed, marked handicap parking space in the Downtown Parking District.

(Ord 1280, passed 8-19-2013)

 

 

 

72.999  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 ” 72.001 through 72.005, 72.020 through 72.025, 72.040 through 72.045 and 72.060 through 72.073 shall be punishable by a fine to be set by resolution.

 

 

(C)  Violations of ‘ 72.105 through 72.111:

 

(1)   A person found in violation of ‘ 72.107 shall, for the first violation, be issued a written warning. For all subsequent violations, the violation is punishable by a fine not less than $50 and not to exceed $100.

 

(2)   Each violation of ‘ 72.108 shall be punishable by a fine of $5.

 

(3)   Each day or distinct time period of an offense described by ” 72.105 through 72.111 shall be considered a separate violation subject to a separate penalty as described by that subchapter.

(Ord. 1216, passed 12-4-2006; Ord. 1249a, passed 6-7-2010)

 

 

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