Code Table of Contents
VEHICLES AND TRAFFIC
CHAPTERS
10.04 Traffic Code
10.08 Trucks
10.12 Parking
Chapter 10.04 TRAFFIC CODE
Sections:
10.04.010 Short title.
10.04.020 Definitions.
10.04.030 Powers of the governing body.
10.04.040 Duties of the public works supervisor.
10.04.050 Public danger.
10.04.060 Standards.
10.04.070 Authority of law enforcement and fire officers.
10.04.080 Crossing private or public property.
10.04.090 Unlawful riding.
10.04.100 Roller skates/blades, skateboards and bicycles.
10.04.110 Damaging sidewalks and curbs.
10.04.120 Storing motor vehicles on streets.
10.04.130 Method of parking.
10.04.140 Prohibited parking or standing.
10.04.150 Prohibited practices.
10.04.160 Use of loading zone.
10.04.170 Authorized emergency vehicles.
10.04.180 Lights on parked vehicle.
10.04.190 Exemptions.
10.04.200 Citation on illegally parked vehicles.
10.04.210 Failure to comply with parking citation.
10.04.220 Owner responsibility.
10.04.230 Registered owner presumption.
10.04.240 Impoundment of vehicles.
10.04.245 Vehicles declared nuisancesþSeizure and impoundment.
10.04.250 ViolationþPenalty.
10.04.260 Collection of fines and costs.
10.04.010 Short title.
This code may be cited as the Elgin vehicle traffic code. (Ord. 101 2 (Art.
1), 1996)
10.04.020 Definitions.
In addition to definitions in the Oregon Vehicle Code, the following mean:
þLoading zoneþ means a roadway space designated by sign for loading or
unloading passengers or materials during specified hours of specified days.
þMotor truck or truckþ means, as defined in Chapter 10.08, restricting
truck traffic.
þPersonþ means a natural person, firm, partnership, association or
corporation.
þStreetþ means a highway, road or street as defined in ORS 801.110,
801.305, 801.450 and 801.535, including the entire width of the right-of-way.
þTraffic laneþ means that area of the roadway used for a single line of
traffic movement. (Ord. 101 2 (Art. 2), 1996)
10.04.030 Powers of the governing body.
A. Subject to state laws, the governing body shall exercise all local
traffic authority for the city except those powers expressly delegated by this
chapter or another ordinance.
B. The powers of the governing body include, but are not limited to:
1. Designation of through streets;
2. Designation of one-way streets;
3. Designation of truck routes;
4. Designation of parking meter zones;
5. Restriction of the use of certain streets by any class or kind of
vehicle to protect the streets from damage or excess traffic;
6. Authorization, by resolution, of greater maximum weights or lengths
than specified by state law for vehicles using city streets;
7. Initiation of proceedings to change speed zones;
8. Revision of speed limits in parks;
9. Temporary closure or blocking of streets. (Ord. 101 2 (Art. 3),
1996)
10.04.040 Duties of the public works supervisor.
The public works supervisor shall implement the traffic control ordinances,
resolutions and motions of the governing body by:
A. Installing, maintaining, removing and altering traffic control devices.
Installation shall be based on standards contained in the Manual on Uniform
Traffic Control Devices for Streets and Highways and the Oregon Supplements;
B. Establish, remove or alter the following classes of traffic controls:
1. Crosswalks, safety zones and traffic lanes,
2. Intersection channelization and areas where vehicle drivers shall not
make left or U-turns and the time when the prohibition applies,
3. Parking areas and time limitations, including the form of permissible
parking (e.g., parallel or diagonal);
C. Issue oversize or overweight vehicle permits;
D. Temporarily close or block streets. (Ord. 101 2 (Art. 4), 1996)
10.04.050 Public danger.
A. Under conditions constituting a danger to the public, the police chief
or the police chief's designee may install temporary traffic control devices.
B. Nonfunctioning traffic control devices shall be treated as an þall-
wayþ stop by vehicle operators on all affected streets. (Ord. 101 2 (Art. 5),
1996)
10.04.060 Standards.
The regulations of traffic control shall be based on:
A. Traffic engineering principles and traffic investigations;
B. Standards, limitations and rules promulgated by the Oregon
Transportation Commission;
C. Other recognized standards for traffic control. (Ord. 101 2 (Art. 6),
1996)
10.04.070 Authority of law enforcement and fire officers.
If a fire or other public emergency occurs, police officers and fire
department personnel may direct traffic as conditions require. (Ord. 101 2 (Art.
7), 1996)
10.04.080 Crossing private or public property.
The operator of a vehicle shall not proceed from one street to an
intersecting street by leaving the roadway and crossing private or public
property. This provision does not apply to the operator of a vehicle who stops
on the property for a legitimate purpose. (Ord. 101 2 (Art. 8), 1996)
10.04.090 Unlawful riding.
A. The operator of a vehicle shall not permit a passenger to, and no
passenger shall, ride on a vehicle on a street except within that part of the
vehicle designed and intended for the use of passengers. This provision does not
apply to an employee engaged in the discharge of a duty requiring an exception
to this provision.
B. No person shall board or disembark from a vehicle while it is in
motion. (Ord. 101 2 (Art. 9), 1996)
10.04.100 Roller skates/blades, skateboards and bicycles.
A. No person shall use roller skates/blades, skateboards or bicycles on
the sidewalks in the central business zone contrary to pedestrian rules, or in
any unsafe manner.
B. Persons using roller skates/blades, skateboards shall have all rights
and duties applicable to pedestrians.
C. Persons using bicycles on streets are subject to the traffic
regulations applicable to the use of motor vehicles. (Ord. 101 2 (Art. 10), 1996)
10.04.110 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 an authorized permanent or temporary
driveway.
B. 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 and posting bond, if required by ordinance. A person who
causes damage shall be responsible for the cost of repair. (Ord. 101 2 (Art. 11),
1996)
10.04.120 Storing motor vehicles on streets.
No person shall store, or permit to be stored, a vehicle or personal
property on a street or other public property where temporary vehicle parking
is authorized in excess of ninety-six (96) hours without permission of the
governing body. Failure to move a vehicle or other personal property for ninety-
six (96) hours constitutes prima facie evidence of storage. (Ord. 101 2 (Art. 12),
1996)
10.04.130 Method of parking.
A. When parking spaces are designated on a street or public lot, 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 twelve (12) inches of the curb and within a single marked space,
unless the size or shape of the vehicle makes compliance impossible.
B. The operator who first begins maneuvering a motor vehicle into a
vacant parking space on a street or public lot has priority to park in that space,
and no other vehicle operator shall attempt to interfere.
C. When 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 directed otherwise by police
or fire officers. (Ord. 101 2 (Art. 13), 1996)
10.04.140 Prohibited parking or standing.
No person shall park or stand:
A. A vehicle in violation of the Oregon Vehicle Code or in violation of
a parking limitation device;
B. A vehicle in an alley, except for a stop of not more than thirty (30)
consecutive minutes for loading or unloading persons or material;
C. A motor truck on a street in front of, or adjacent to, a residence,
motel, apartment house, hotel, or other sleeping accommodation in a residential
zone between the hours of nine p.m. and seven a.m., or a retail business while
it is open to the public. (Ord. 101 2 (Art. 14), 1996)
10.04.150 Prohibited practices.
No operator shall park a vehicle and no owner shall allow a vehicle to be
parked, on a street or other public property for the principal purpose of:
A. Displaying the vehicle for sale;
B. Repairing or servicing the vehicle, except while making repairs
necessitated by an emergency;
C. Displaying temporary advertising from the vehicle;
D. Selling merchandise from the vehicle, except when authorized. (Ord.
101 2 (Art. 15), 1996)
10.04.160 Use of loading zone.
No person shall park or stand a vehicle in a place designated as a loading
zone when the hours applicable to that loading zone are in effect for any
purpose other than loading or unloading persons or materials. Such a stop shall
not exceed the time limits posted. If no time limits are posted, use of the zone
shall not exceed thirty (30) minutes. (Ord. 101 2 (Art. 16), 1996)
10.04.170 Authorized emergency vehicles.
A. The driver of an authorized emergency vehicle, when responding to
an emergency call or when in pursuit of an actual or suspected violator of the
law or when responding to, but not returning from, a fire alarm, may park or
stand irrespective of the provisions of this chapter.
B. This section shall not relieve drivers of authorized emergency
vehicles from the duty to park or stand with regard for the safety of all
persons. (Ord. 101 2 (Art. 17), 1996)
10.04.180 Lights on parked vehicle.
No lights need be displayed on a vehicle that is parked in accordance with
this chapter on a street where there is sufficient light to reveal a person or
object at a distance of at least five hundred (500) feet from the vehicle. (Ord.
101 2 (Art. 18), 1996)
10.04.190 Exemptions.
The provisions of this chapter that regulate the parking or standing of
vehicles do not apply to:
A. A city, county, state or public utility vehicle being used for public
works maintenance, construction or repair work;
B. A vehicle owned by the United States being used for collection,
transportation or delivery of mail;
C. A vehicle of a disabled person who complies with the provisions of
ORS 801.235 and ORS 811.600 to 811.640. (Ord. 101 2 (Art. 19), 1996)
10.04.200 Citation on illegally parked vehicles.
When 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 note the license number and any other information displayed on the vehicle
that may identify the owner and shall attach a parking citation to the vehicle.
The citation shall instruct the operator to answer to the charge or pay the
penalty imposed within ten (10) days, during specific hours, and at a specific
place. (Ord. 101 2 (Art. 20), 1996)
10.04.210 Failure to comply with parking citation.
If the operator does not respond to a parking citation attached to the
vehicle within ten (10) working days, the municipal court clerk shall send a
letter to the owner of the vehicle informing the owner of the violation and giving
notice that if the citation is disregarded for a period of thirty (30) days:
A. The fine will be doubled; and
B. If the vehicle has two or more outstanding citations or fifteen dollars
($15.00) or more in unpaid fines, it may be impounded, and an impounded vehicle
shall not be released until all outstanding fines and charges are paid. (Ord. 101
2 (Art. 21), 1996)
10.04.220 Owner responsibility.
The owner of a vehicle that is in violation of a parking restriction shall
be responsible for the offense unless the operator used the vehicle without the
owner's consent. (Ord. 101 2 (Art. 22), 1996)
10.04.230 Registered owner presumption.
In a proceeding charging violation of a parking restriction against a
vehicle owner, proof that the vehicle was registered to the defendant at the time
of the violation constitutes a presumption that the defendant was the owner.
(Ord. 101 2 (Art. 23), 1996)
10.04.240 Impoundment of vehicles.
A. Disposition of a vehicle towed and stored under provisions of state
law for the removal of hazardous vehicles shall be in accordance with provisions
of state law on impoundment and disposition of abandoned vehicles.
B. Impoundment of a vehicle does not preclude issuance of a citation for
violation of a provision of this chapter.
C. Stolen vehicles may be towed from public or private property and
stored at the expense of the vehicle owner. (Ord. 101 2 (Art. 24), 1996)
index
10.04.245 Vehicles Declared Nuisances - Seizure and Impoundment.
A. The following vehicles are declared to be nuisances and subject to
seizure and impoundment:
1. A motor vehicle being operated by an operator whose operator's
license is suspended or revoked under the terms of the Oregon Motor Vehicle
Code;
2. A motor vehicle operated by a person who has been determined to
be an habitual traffic offender under the terms of the Oregon Motor Vehicle Code;
3. A motor vehicle from which a firearm has been discharged;
4. A motor vehicle which does not have evidence of insurance or is
operated by a person who does not have evidence of insurance as required by
the Oregon Motor Vehicle Code;
5. A motor vehicle in which the operator is arrested and charged with
driving under the influence of intoxicants in violation of the provisions of the
Oregon Motor Vehicle Code;
6. A motor vehicle in which the operator is driving without driving
privileges in accordance of the Oregon Motor Vehicle Code, except where the
operator's license is invalid for the sole reason of being expired for less than
one year.
B. Impoundment Proceedings. All impoundment proceedings pursuant to
this section shall be done in accordance with Oregon Revised Statutes except as
supplemented below:
1. All vehicles towed and impounded shall be by a licensed tow company
under contract with the city to a storage site operated by the towing company.
2. The owner of the impounded vehicle, or the owner's authorized agent,
except as provided in subdivision 3 of this subsection, may reclaim such vehicle
upon providing proof of ownership, proof of compliance with the financial
responsibility laws of the Oregon Motor Vehicle Code and the payment of a towing
bill, not to exceed one hundred dollars ($100.00), an impound fee of fifty dollars
($50.00) and storage fees of ten dollars ($10.00) per day commencing with the
date of impoundment.
3. If the vehicle is not reclaimed within thirty (30) days from the date
of impoundment, then such vehicle shall be disposed of by the towing/storage
company under contract with the city as authorized by Oregon State Law for the
disposition of unclaimed vehicles.
4. The city administrator shall adopt a procedure for a hearing to be
held before the city municipal judge (or his/her designee), as hearings officer,
and the person entitled to lawful possession of such vehicle, within ten (10) days
following the date a written request for a hearing is served upon the city by the
person.
C. Forfeiture Proceedings for Certain Flagrant Offenders.
1. The following described vehicles are declared to be nuisances and
subject to seizure, impoundment and forfeiture:
A motor vehicle operated by a person whose operator's license is
suspended or revoked or in violation of a hardship or probationary permit in
violation of the provisions of ORS 811.182; and, the person is under the influence
of intoxicants in violation of ORS 813.010, and where the person has:
a. Participated in a driving under the influence of intoxicants diversion
program as provided for by the Oregon Revised Statutes, or its statutory
counterparts in any jurisdiction within ten years prior to arrest or citation; or
b. Been convicted or forfeited bail or security within the previous ten
years of:
i. Driving under the influence of intoxicants under ORS 813.010 or its
statutory counterpart in any jurisdiction, or
ii. Any degree of murder, manslaughter, criminally negligent homicide
or assault resulting from the operation of a motor vehicle, or statutory
counterparts in any jurisdiction, or
iii. Any crime punishable as a felony with proof of a material element
involving the operation of a motor vehicle, or statutory counterparts in any
jurisdiction, or
iv. Failure to perform the duties of a driver under ORS 811.705 or its
statutory counterpart in any jurisdiction, or
v. Reckless driving under ORS 811.140 or its statutory counterpart in
any jurisdiction, or
vi. Fleeing or attempting to elude a police officer under ORS 811.540 or
its statutory counterpart in any jurisdiction, or
vii. Any degree of recklessly endangering another person, menacing or
criminal mischief resulting from the operation of a motor vehicle, or statutory
counterparts in any jurisdiction, or
viii. Failure to perform the duties of a driver under ORS 811.700 while
driving a commercial motor vehicle or its statutory counterpart in any
jurisdiction; or
c. Habitual offender status under ORS 809.640 or its statutory
counterpart in any jurisdiction.
2. The above described vehicles shall be seized, impounded and
forfeited to the city of Elgin. All forfeiture proceedings pursuant to this chapter
shall be conducted in accordance with Sections 1 through 14 and 22, Chapter 791
of Oregon Laws, 1989, as amended by Chapters 218, 237, 276, 291, 791, 800 and
924 of Oregon Laws, 1991. (Ord. 116 par 1 & 3, 1997)
10.04.250 Violation-Penalty.
A. Violation of Sections 10.04.080 to 10.04.120 is punishable by fine not
to exceed one hundred dollars ($100.00).
B. Violation of Sections 10.04.130 to 10.04.190 is punishable by fine not
to exceed fifty dollars ($50.00). (Ord. 101 2 (Art. 25), 1996)
10.04.260 Collection of fines and costs.
All fines and costs imposed by convictions and bails assessed by citations
are civil debts owed to the city of Elgin. Collection of unpaid fines and costs may
be made by lawsuit and levy on wages, bank accounts and personal property, or
by referral to a commercial collection agency, whichever is determined by the
city council to be appropriate. (Ord. 101 2 (Art. 26), 1996)
index
Chapter 10.08 TRUCKS
Sections:
10.08.010 Definitions.
10.08.020 Trucks restricted.
10.08.030 Exceptions.
10.08.040 ViolationþPenalty.
10.08.010 Definitions.
As used in this chapter:
"Fixed load vehicle", "motor truck", "truck trailer", "truck tractor" and
"unloaded weight" are as defined in the Oregon Vehicle Code.
"Loaded truck" means a truck (combination or single vehicle) with a gross
vehicle weight that exceeds its unloaded weight by at least ten (10) percent,
or a fixed load vehicle.
"Truck" means a motor truck with or without a truck trailer, a combination
truck tractor and truck trailer(s), or a fixed load vehicle. (Ord. 100, 1996;
Ord. 1-1992 par 2 (part))
10.08.020 Trucks restricted.
A. Loaded trucks are restricted from traveling on paved streets which
are the city's maintenance responsibility,
B. Trucks are restricted from parking on city streets within thirty (30)
feet of the right-of-way of a street intersection. (Ord. 1-1992 2 (part))
10.08.030 Exceptions.
A. Trucks are allowed within thirty (30) feet of an intersection if
loading or unloading necessitates, while the truck is loading or unloading.
B. Loaded trucks are permitted on paved streets while making a
delivery or pickup, or if the route to a destination requires travel on a paved street.
C. Loaded trucks are permitted on paved streets when necessary to
make emergency repairs to the truck if the route to the repair destination
requires travel on a paved street.
D. Regarding subsections B and C of this section, travel on a paved
street is permitted only on the route that provides the least amount of travel on
paved streets, necessary to reach the destination. (Ord. 1-1992 3)
10.08.040 Violation-Penalty.
Violation of any provision of this chapter is punishable by a fine not to
exceed five hundred dollars ($500.00). (Ord. 1-1992 4)
index
Chapter 10.12 PARKING
Sections:
10.12.010 Two-hour parking zone established.
10.12.020 Hours of no parking.
10.12.010 Two-hour parking zone established.
There is established a maximum two-hour parking zone in the area
extending on Eighth Street from Albany to Birch and on Division from Eighth
Street to the railroad tracks excluding the south side of Division from the alley
to the railroad tracks. This time limit to be effective between the hours of nine
a.m. and five p.m. (Ord. 6A-1984 1)
10.12.020 Hours of no parking.
There shall be no parking in the areas stated in Section 10.12.010 between
the hours of three a.m. and five a.m. to facilitate street maintenance. (Ord. 6A-
1984 par 2)