[Ord. No. 2165, Enacted, 2-17-1998; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2727, Amended, 11-1-2016]
1. Definition
of Motor Truck. "Motor Truck" means a motor vehicle that is primarily
designed or used for carrying loads other than passengers and has
a gross weight in excess of 8,000 pounds.
2. Truck
Operation on Designated Routes. Except as provided in Section (3),
no person shall operate any motor truck upon any street within the
City except of a state highway or county road unless designated as
a truck route under Section (4). A state highway or county road within
the City limits may be designated as a truck route or restricted upon
written approval of the Oregon Department of Transportation (ODOT)
or the Board of County Commissioners of the affected County.
3. Exemptions.
a. Motor
trucks may be operated on streets not designated as truck routes under
subsections (4) or (5) of this section as follows.
i. Emergency vehicles may be operated off a truck route.
ii. Utility vehicles may be operated off a truck route when responding
to an emergency or when installing, repairing or maintaining a public
utility on or accessed by a street not designated as a truck route.
iii. Motor trucks may operate off a truck route when picking up or discharging
goods at any business establishment or residence in the City accessed
from a non-designated street.
iv. Motor trucks may operate off a truck route when delivering fuel,
services and repairs at any business establishment or residence in
the City accessed from a non-designated street.
v. Motor trucks may operate off a truck route to service construction
sites accessed from a non-designated street.
vi. Garbage and recycling collection motor trucks may operate off a truck
route when providing services to premises accessed from a non-designated
street.
vii. Motor trucks may operate off a truck route when re-routed by the
City or pursuant to the City’s approval as a result of an emergency
situation, construction on or along a truck route, or other circumstance
requiring a detour.
viii.
Motor trucks may be operated off a truck route in the following
circumstances:
A. The motor truck is owned by a resident of property not accessible
by a truck route; and
B. The motor truck is stored on the property in a garage or area screened
from view of the public street or right-of-way.
b. Except
in an emergency as described in subsections 3(a)(i) and (ii) of this
section or when directed to use a specific route as described in subsection
3(a)(viii) of this section, a motor truck lawfully operating off a
truck route pursuant to subsection 3(a) of this section shall use
the most direct route to and from the closest designated truck route.
4. Truck
Routes. The following streets are hereby designated as truck routes:
a. Streets
classified as freeways, major arterials and minor arterials in the
Lake Oswego Comprehensive Plan (Connected Communities chapter).
b. Streets
or portions of streets classified as major collectors, neighborhood
collectors or local streets in the Lake Oswego Comprehensive Plan
(Connected Communities chapter) when located within a commercial or
industrial zone as designated on the Lake Oswego Zoning Map.
5. Adding
or Removal of Truck Routes. After the effective date of this ordinance,
the City Council may by council order add a street to or remove a
street from the list of designated truck routes in the following manner:
a. The
City Council shall first hold a public hearing on the proposed addition
or closure of a truck route. Notice of the hearing shall be published
once a week for two consecutive weeks in a newspaper of general circulation
in the City. The second publication of the notice shall occur not
later than the fifth day before the date of the hearing. In addition,
notice of the hearing shall be mailed at least 15 days in advance
of the hearing to the Chair of any neighborhood association in which
the road or portion of the road proposed for designation or removal
is located. The notice shall state the date, time and place of the
public hearing and contain a concise statement of the proposed action,
including a descriptions of the road and streets affected.
b. The
Council shall only designate or remove a truck route based upon one
or more of the following findings:
i. Doing so is necessary or convenient to providing vehicular access.
In making a determination under this section, the Council shall balance
the need for motor truck access, including a consideration of the
availability of reasonable alternative routes, against negative impacts
on the properties surrounding the proposed route.
ii. Prohibiting or permitting motor truck access is necessary to protect
the public infrastructure on the subject route or on alternative routes.
iii. Designation or removal of a truck route is necessary to provide for
public safety or the quiet enjoyment of property. Considerations under
this section shall include the functional classification of the subject
street or streets, whether the subject street or streets are adequately
designed or in a condition to support truck traffic, and whether the
street or streets abut schools or travel through residential neighborhoods.
6. Signage.
Pursuant to ORS
810.040(3) and (4), the City shall erect and maintain
signs in a conspicuous manner and place at each end of a street or
section of street where a designation or prohibition is imposed to
give notice of the prohibitions or the designations imposed, and shall
erect signs at such other places as may be necessary to inform the
public. A prohibition or designation imposed under this section is
effective when signs giving notice thereof are posted as required
by this subsection.
7. Penalty.
A violation of this Article is a Class B traffic violation under the
Lake Oswego City Code.