In addition to those definitions contained in the adopted sections
of the Motor Vehicle Laws of Oregon, the following words or phrases,
except where the context clearly indicates a different meaning, shall
mean:
"Bicycle"
means every device propelled by human power upon which any
person may ride, having two or more tandem wheels either of which
is over fourteen inches in diameter.
"Bus stand"
means a fixed area in the roadway adjacent to the curb to
be occupied exclusively by buses for layovers in operating schedules
or waiting for passengers.
"Curb"
means the extreme edge of the roadway.
"Fee"
means the dollar amount to be charged to park in metered
or permitted parking as outlined in the fee schedule.
"Loading zone"
means a space adjacent to a curb reserved for the exclusive
use of vehicles during the loading or unloading of passengers or materials
or freight.
"Metered parking"
means any time limited parking stall or parking area where
use of parking is limited by a posted maximum time allowance and requires
payment of a stated fee for use, to include but not limited to coin,
credit/debit card or virtual payment (on-line payment or data base
record).
"Park" or "parking"
means the standing of a vehicle, whether occupied or not,
except when a vehicle is temporarily standing for the purpose of and
while actually engaged in loading or unloading.
"Parking permit"
means a document, card, hang-tag, sticker or chip for display
in a vehicle, as well as virtual (data base record), showing the driver
of the vehicle has permission to park in a designated area for specific
periods of use (e.g., hours, day(s)).
"Stop"
means complete cessation of movement.
"Time limited parking"
means any parking stall or parking area where use of parking
is limited by a posted maximum time allowance. Time limited parking
may or may not require payment of a fee.
"Traffic lane"
means that portion of the roadway used for the movement of
a single line of vehicles.
(Ord. 2951 § 1 (part),
1996; Ord. No. 3522, § 3, 3-25-2019; Ord. No. 3556, § 1, 5-24-2021)
A. It is
the policy of the City to conform its traffic laws as closely as feasible
to the traffic laws of the State of Oregon. The provisions of ORS
Chapters 153, 801, 802, 803, 805, 806, 807, 809, 810, 811, 813, 814,
815, 816, 818, 819, 820, 821, 822 and 823 as now enacted are adopted,
and violation thereof shall constitute an offense against the City.
B. The
definitions in ORS Chapters 153 and 801 to 823 shall apply, where
the context requires, to all other Sections of this Chapter.
(Ord. 2951 § 1 (part),
1996; Ord. 3010 § 1, 1997; Ord. 3055 § 1, 1999; Ord. 3104 § 1, 2002; Ord. 3158 § 1, 2004; Ord. No. 3347, § 1, 4-26-2010; Ord. No. 3532, § 1, 12-9-2019)
Subject to State laws, the Council shall exercise all municipal
traffic authority except those powers specifically and expressly delegated
herein or by another ordinance.
(Ord. 2951 § 1 (part),
1996)
The City Manager or designee shall exercise the following duties
by administrative actions:
A. Implement
the ordinances, resolutions and motions of the Council and the Manager's
own orders by installing traffic control devices;
B. Except as limited by Section
8.02.040, restrict the use of or parking on certain streets by any class or kind of vehicle to protect the streets from damage, preserve the character of the neighborhood, require turnover in parking spaces, establish clear vision areas or reduce traffic hazards;
C. Authorize
by permit or regulation greater maximum weights or lengths for vehicles
using City streets than specified by State law where not deleterious
to City streets or public safety;
D. Impose
conditions upon which the streets and other public property may be
used for parking;
E. Establish,
maintain, remove or alter the following classes of traffic controls:
2. Crosswalks,
safety zones and traffic lanes;
3. Intersection
channelization and areas where drivers of vehicles shall not make
right, left or U-turns and the time when the prohibition applies;
4. Parking
areas and time limitations, including the form of permissible parking
and any fees therefor. This authority does not include establishing
parking meter zones or parking meter fees;
6. Yield
and stops for all vehicles.
F. Cause
a continual check to be made of traffic movement, congestion and accidents
on the streets of the City, and after appropriate study, submit from
time to time recommendations to the Council;
G. Temporarily
close to vehicular or pedestrian traffic any street, when in the Manager's
opinion, it is necessary to do so because of an emergency or for the
protection of lives, limb, public safety or property, or for the more
expeditious movement of either vehicular or pedestrian traffic, or
for special events of community interest, parades or construction
in a street right-of-way. The City Manager shall cause to be placed
and maintained during such temporary closure "No Parking," "No Walking,"
"Street Closed" or other appropriate directional signs; and
H. Enforce
parking and traffic control regulations or all regulated parking areas
or districts. Enforcement will include state laws and City ordinances
regarding motor vehicle operations and all parking and traffic control
devices where parking is regulated, including the Roseburg Regional
Airport.
I. Implement
guidelines for when an unlawfully parked vehicle may be towed.
(Ord. 2951 § 1 (part),
1996; Ord. 3053 § 1, 1999; Ord. No. 3556, § 2, 5-24-2021)
The administrative actions of the City Manager and the decision
of the City Council upon review of such actions shall be based upon
consideration of:
A. Traffic
engineering principles and traffic investigations;
B. Standards,
limitations and rules promulgated by the Oregon Transportation Commission
or its successor;
C. Other
recognized traffic control standards;
D. When
establishing conditions for the use of streets and other public property
as parking:
1. The
relative, seasonal and special event demands for parking spaces within
the area of the requested parking;
2. The
other public uses for the property;
3. The
location and physical characteristics of the property to be used for
parking;
4. The
demand for operating revenues, the cost of operation and enforcement
of the parking regulations;
5. The
ease of enforcing the provisions of this Chapter; and
6. The
availability of other parking spaces.
E. When
establishing conditions for the use or prohibition of use of any street:
1. The
impact of seasonal or special events or weather;
2. The
use of abutting property;
3. The
intensity of use of the street by vehicles and pedestrians; and
4. The
physical condition and characteristics of the street and abutting
property; and
F. Other
factors affecting the public health, safety and welfare.
(Ord. 2951 § 1 (part),
1996)
A. It shall
be the duty of the Police Department or the City's agent to enforce
the provisions of this Chapter.
B. In the
event of a fire or other emergency or to expedite traffic or to safeguard
pedestrians, officers of the Police Department may direct traffic
as conditions may require notwithstanding the provisions of this Chapter.
C. Members
of the Fire Department, when at the scene of a fire, may direct or
assist the police in directing traffic at the scene or in the immediate
vicinity.
(Ord. 2951 § 1 (part),
1996; Ord. No. 3530, § 1, 11-25-2019)
Any person aggrieved by administration action taken under Sections
8.02.030 or
8.02.040 may appeal the action to the Council by filing a written objection with the City Manager for transmittal to the Council within twenty days after the administrative action has occurred. The Council shall hear the appeal promptly and affirm, modify or repeal the administration action of the City Manager.
(Ord. 2951 § 1 (part),
1996)
Editor's note(s)—Ord. No. 3556, § 3, adopted
May 24, 2021, repealed § 8.02.070, which pertained to limitation
for historic structures and derived from Ord. 2951 § 1 (part),
adopted 1996; Ord. No. 3522, § 4, adopted March 25, 2019.
A. No person
shall disobey the instructions of any traffic sign, signal, marker,
barrier or parking meter placed in accordance with the Motor Vehicle
Laws of Oregon or this Chapter, including those erected by any authorized
utility, department of this City or other authorized person, unless
it is necessary to avoid conflict with other traffic or otherwise
directed by a police officer or the City's agent.
B. No unauthorized
person shall move, remove or alter the position of, or deface or tamper
with any such sign, signal, marker, barrier or parking meter.
(Ord. 2951 § 1 (part),
1996; Ord. No. 3530, § 2, 11-25-2019)
A. Private
Marking Unlawful. It is unlawful for any person to letter, mark or
paint in any manner, any letters, marks or signs on any sidewalk,
curb, street or alley, or to post on a parking strip, anything designed
or intended to prohibit or restrict parking in front of any sidewalk,
private residence, business or in any alley, except in compliance
with the provisions of this Chapter.
B. Required
Methods of Parking.
1. Unless
permitted by the Public Works Director, Police Chief or their designee,
no person shall stand or park a 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 twelve
inches of the edge of the curb, except where the street is marked
or signed for angle parking.
2. No
person shall stand or park a vehicle other than at the indicated direction.
3. Whenever
the owner or driver of a vehicle discovers that such vehicle is parked
immediately in front of, or too close to a building to which the Fire
Department has been summoned, such person shall immediately remove
such vehicle from the area unless otherwise directed by police or
fire officers.
C. Parking
Prohibited in Certain Places. In addition to provisions of the Motor
Vehicle Laws of Oregon prohibiting parking, no person shall park:
1. A
vehicle upon any bridge, viaduct or other elevated structure used
as a street or within a street tunnel in this City, unless marked
or indicated otherwise;
2. A
vehicle in any alley except to load or unload persons or materials,
such time not to exceed twenty consecutive minutes in any two-hour
period;
3. A
vehicle upon any street for the principal purpose of:
a. Displaying such vehicle for sale,
b. Washing, greasing or repairing such vehicle except repairs necessitated
by an emergency,
c. Selling merchandise from such vehicle except in a duly established
market place or when so authorized or licensed under the ordinances
of this City, or
d. Storage or as junkage or dead storage for more than fifteen hours;
4. A
vehicle upon any parkway except where specifically authorized;
5. A
vehicle on private property not his own, without the express or implied
consent of the person in charge of the private property. When any
express or implied consent has been given, the posting, in a conspicuous
place on the property by the person in charge of the property, of
a printed or written notice signed by such person in charge, and specifying
the parking limitations, shall be prima facie evidence of the withdrawal
of such consent under the terms of the limitations;
6. A
vehicle in the parking area of a park or other public place for the
purpose of displaying the vehicle or its contents for sale. It shall
be an affirmative defense to a violation of this Subsection if the
owner or operator of the vehicle is present in the park or other public
place where the vehicle is parked for an event or purpose for which
the park or other public is then open during the time the vehicle
is so parked; or
7. A
vehicle upon any street which is marked by a painted yellow curb,
unless otherwise designated as a special parking area by adjacent
signage.
D. Loading
Zones. No person shall stop, stand or park a vehicle in a designated
loading zone for any purpose or length of time other than for the
expeditious loading and unloading of passengers, or the unloading
and delivery, or pickup and loading of materials, during the hours
when the provisions applicable to the type of loading zone being used
are in effect. In no case shall the stop in an unmetered loading zone,
for loading and unloading of passengers and personal baggage, exceed
five minutes, nor the loading or unloading of materials exceed fifteen
minutes.
E. Bus
Stops.
1. Buses.
The driver of a bus shall not stand or park such vehicle upon any
street in any business district at any place other than at a bus stop.
2. Vehicles
other than Buses. No person shall stop, stand or park a vehicle, other
than a bus in a bus stand except that the driver of a passenger vehicle
may temporarily stop for the purpose of, and while actually engaged
in, loading or unloading passengers, when such stopping does not interfere
with any bus waiting to enter or about to enter such zone.
F. Moving
Vehicle to Extend Parking Time Prohibited. The moving of any vehicle
within the block shall not be deemed to extend the time of parking.
G. Commercial Trucks and Trailers Prohibited in Certain Areas. No person owning or controlling any commercial truck or trailer more than eighteen feet in length, including any load thereon, shall cause or permit it to be parked or maintained within the right-of-way of any public street in any area of the City excepting those areas zoned commercial or industrial which are not used for residential use. For purposes of this Section, the PO (professional office) zone shall not be considered a commercial zone. This Section shall not apply to any vehicle described herein for such reasonable period of time as such vehicle is being actively used for loading and unloading persons or property. Any person who violates any provision hereof shall, upon conviction thereof, be punished as is provided in Title
1 of this Code.
H. Lights
on Parked Vehicles. No lights need be displayed upon any vehicle parked
in accordance with this Chapter and upon a street where there is sufficient
light to reveal any person or object within a distance of five hundred
feet upon such street.
I. Certain
Vehicles Exempted. The provisions of this Chapter regulating the parking
or standing of vehicles shall not apply to any vehicle of a City department
or public utility while necessarily in use for construction, repair,
or work on the street; vehicles operated by government employees or
officials on government business; vehicles owned and operated by law
enforcement agencies in the course of official law enforcement activities;
vehicles owned and operated by Fire Departments in the course of official
Fire Department activities; and ambulances and emergency medical vehicles
operated in response to medical emergencies; or any vehicle owned
by the United States while in use for the collection, transportation
or delivery of United States mail.
(Ord. 2951 § 1 (part),
1996; Ord. 3006 § 1, 1997; Ord. 3292, § 1, 10-13-2008; Ord. No. 3556, § 4, 5-24-2021)
A. Payment
for parking. No person shall park any vehicle in any metered parking
space, except as otherwise permitted by this Chapter, without immediately
depositing in the parking meter assigned to such space, such lawful
payment methods (to include but not limited to coin, credit/debit
or virtual payment) as are required by such meter and as designated
by directions on the meter, and when required by the directions of
the meter unless the parking meter indicates at the time such vehicle
is parked that an unexpired portion of the period for which a payment
has been previously deposited remains.
B. Legal
Time Limit. Except as otherwise permitted by this Chapter, no person
shall park a vehicle or allow a vehicle to remain parked in any time
limited parking space beyond the maximum time limit for parking in
such space.
Continued parking beyond the single time limit for any meter
parking space shall constitute a separate offense for each period
or portion of a single time limit for any such meter parking space
during which the vehicle remains so parked.
C. Owner
Responsibility. The registered owner on the records of the Department
of Motor Vehicles is responsible for all parking violations issued
by the City.
D. Mechanical
Defect. Any unintentional violation of any provision of this Chapter
by reason of a mechanical failure of a parking meter is not an offense
within the meaning of this Chapter.
E. Collection
Authority. It shall be the duty of the Finance Director to direct
the collecting of all payment methods from parking meters.
F. Parking
Exemption Permits.
1. Issuance.
The Police Chief or the City's agent may issue parking exemption permits
to contractors engaged in the construction, reconstruction or repair
of a building or installation of equipment in a building adjacent
to a street where time limited parking is in place. Such exemption
permits shall be issued only where available, including alleys which
might be used or blocked off without interference with commerce, are
not found reasonably close to the place where such persons are engaged
and may be issued for use of each particular construction job. The
fees for a parking exemption permit shall be set by Council resolution.
At termination of use, the exemption permit shall be returned to the
Police Chief or the City's agent.
2. Use.
Persons with a properly issued parking exemption permit shall have
the permit visibly displayed. Display of such permit reserves such
parking space while occupied for use by such person while actually
engaged in the task for which the parking exemption permit was issued.
3. Violation
Prohibited. No person shall use a parking exemption permit except
for the purpose and period of time for which such permit was issued.
Editor's note(s)—Ord. No. 3556, § 5, 5-24-2021, changed the title of § 8.02.100 from "parking meter regulations" to read as herein set out.
|
(Ord. 2951 § 1 (part),
1996; Ord. No. 3530, § 3, 11-25-2019; Ord. No. 3556, § 5, 5-24-2021)
A. Disabled
Person Parking Permit.
1. Privileges
Granted. All of the following apply to the parking privileges granted
to disabled persons under a disabled person parking permit other than
a program placard described in ORS 811.607:
a. Subject to the limitations under the following Paragraph (b), the
permit allows its holder, or another person while transporting its
holder to or from the parking location, to exercise the following
privileges:
(i) Park a motor vehicle in any public parking zone restricted as to
the length of time permitted therein without incurring penalties imposed
for overtime parking in such zones; and
(ii)
Park a motor vehicle in any public parking zone with metered
parking without being required to pay any parking meter fee.
B. Delivery
or Service Permits.
1. The
Police Chief or the City's agent may issue delivery or service permits
to persons regularly using passenger-type vehicles for the delivery
of service or delivery or pickup of merchandise. Upon proof of necessity,
the Police Chief or the City's agent may also issue such permits for
commercial-type vehicles, if such vehicles are performing an essential
service. The fees for such a permit shall be set by Council resolution.
No time limited parking space shall be used by any permit holder for
any continuous period of time longer than the time provided on the
space in question. No person shall use a delivery or service permit
for any purpose other than that authorized by the permit. Willful
violation of these provisions will result in forfeiture of the permit
and denial of future permits.
C. Courtesy
Visitor Permits. The City Manager may, at their discretion, make courtesy
permits available to visitors of the City. Such permits shall be free
and limited to specific periods of use (e.g., hours, day(s)). These
permits, if properly displayed in accordance with the direction prescribed
by the City Manager, shall authorize the permittee to park their vehicle
without regard to time limits and without having to pay the fees in
any parking space.
D. Parade
Permits. No procession or parade, except a funeral procession, the
forces of the United States Armed Forces and the military forces of
this State, shall occupy, march or proceed along any street except
in accordance with a permit issued by the Police Chief and approved
by the City Manager. The fees for such a permit shall be set by Council
resolution. Such permit shall be granted where it is found that such
parade is not to be held for an unlawful purpose and will not in any
manner tend to a breach of the peace, cause damage or unreasonably
interfere with the public use of the streets or the peace and quiet
of the inhabitants of the City. It is unlawful for any person to sponsor,
assist in sponsoring or to participate in, any procession or parade
for which no permit has been issued and which otherwise is not herein
authorized.
(Ord. 2951 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999; Ord. No. 3522, § 5, 3-25-2019; Ord. No. 3530, § 4, 11-25-2019; Ord. No. 3556, § 6, 5-24-2021)
No pedestrian shall:
A. Use
any roadway for travel when sidewalks abutting the same are available;
or
B. Cross
a street at any place other than in a marked crosswalk or by the shortest
route to the opposite curb if no crosswalks are located within the
block of the street being crossed.
(Ord. 2951 § 1 (part),
1996)
A. Speed
Limit in Public Parks. No person shall drive a vehicle upon any street
in any public park of the City at a speed exceeding fifteen miles
per hour unless signs erected indicate otherwise.
B. Control
of Vehicles on School Property. No person shall violate any rule or
regulation promulgated by the School Board of School District No.
4, Douglas County, Oregon, pursuant to ORS 332.445, prohibiting, restricting
or regulating the operation and parking of vehicles, or particular
classes or kinds of vehicles, upon property controlled by said School
District and located within the corporate limits of the City. This
provision shall be effective only during such times as there may be
in effect an agreement or contract between the City and School District
for the purpose of providing a uniform system of enforcement of the
rules and regulations.
(Ord. 2951 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999)
A. Roller
Skates, In-Line Skates, Skateboards, Bicycles and Other Devices. Excepting
Police employees operating their bicycles in the course and scope
of their duties, no person shall operate or ride upon, in or by means
of, a bicycle, scooter, roller skates, in-line skates, skateboard,
coaster, toy vehicle or other similar device in or upon any if the
following areas:
1. Any
public street or sidewalk in a manner dangerous to persons or property;
2. The
off-street parking facility located at 555 SE Rose Street; or
3. Any
public or private property, driveway or parking area that is posted
with a "No (name of prohibited device)" sign. Signs posted pursuant
to this Subsection shall be posted at or near the boundaries of the
area restricted in a visible location. Signs must be no smaller than
6" × 8" in dimension and must contain the words "No (name of
prohibited device)".
B. Skis.
No person shall use the streets for playing or traveling on skis,
toboggans, sleds or similar devices.
C. Violations.
Violations of this Section may upon conviction thereof, be punished
by a fine not to exceed $100.00. In addition thereto, the Municipal
Judge may prohibit the operation of the device used in the violation
for a period not to exceed 30 days. In such event, the Chief of Police
shall be directed to impound the device, and retain it for the period
that the operation is prohibited. An officer who issues a citation
to a person for operating a device during a period of prohibited operation
as ordered by the Municipal Judge, or to a person previously convicted
of a violation of this Section during the preceding twelve-month period,
may impound the subject device and dispose of it in accordance with
the procedures in this Code for disposal of personal property, if
the person is found guilty of the second offense.
(Ord. 2951 § 1 (part),
1996; Ord. 3098 § 1, 2001; Ord. No. 3522, § 6, 3-25-2019; Ord. No. 3530, § 5, 11-25-2019; Ord. No. 3556, § 6, 5-24-2021)
A. Damaging
Sidewalks and Curbs Prohibited.
1. The
driver of a vehicle shall not drive upon or within any sidewalk or
parkway area except to cross at a permanent or temporary driveway.
2. No
person shall place any dirt, wood or other material in the gutter
or space next to the curb of any street with the intention of using
the same as a driveway.
3. No
person shall remove, or damage in any way, any portion of any curb,
or move any heavy vehicle or thing over or upon a curb or sidewalk,
without first notifying the Public Works Director, and such person
shall be held responsible for any and all damage.
B. Obstructing
Streets Prohibited. No person shall park or leave any vehicle or any
part thereof, trailer, box, ware or merchandise of any description,
or any other thing that in any way impedes traffic, or obstructs the
view, upon any street, including any alley, parking strip, sidewalk
or curb, except by such lawful use and parking of vehicles upon streets
and alleys as is allowed by this or other Chapters of the Code; and
also excepting that trees, shrubs and flowers may be maintained in
locations approved by the City Manager, provided they are maintained
in a sightly manner and are limited to a size which shall not create
a nuisance.
C. Removing
Glass and Debris Required. Any person causing glass to be broken upon
any street, or any party to a collision or other vehicle accident
upon any street in the City shall immediately remove, or cause to
be removed from such street, all glass and other foreign objects or
substances.
D. Unlawful
Transfer on a Highway.
1. A
person commits the offense of unlawful transfer on a highway if the
person:
a. While a driver or passenger in a vehicle on a highway, road or street
within the boundaries of the City of Roseburg, gives or relinquishes
possession or control of, or allows another person in the vehicle
to give or relinquish possession or control of any money or tangible
personal property to a pedestrian; or
b. While a pedestrian, accepts, receives or retains possession or control
of any money or tangible personal property from a driver or passenger
in a vehicle on a highway, road or street within the boundaries of
the City of Roseburg.
2. This
subsection does not apply if the vehicle is legally parked. This subsection
also does not apply to persons participating in a "Pedestrian Activity,"
as defined in OAR 734 Division 58, for which a permit has been issued
by the Oregon Department of Transportation, so long as all terms of
such permit are being met.
3. Any
person found violating this subsection shall be guilty of committing
a traffic violation punishable by a fine not to exceed $75.00.
(Ord. 2951 § 1 (part),
1996; Ord. 3275 § 1, 2007; Ord. 3295, § 1, 12-8-2008)
No motor assisted scooters may be operated on any City owned
off-street bicycle or pedestrian path or trail, unless exempt. A motor
assisted scooter is exempt from this provision if it is used as a
mobility aid by a person with a mobility impairment.
(Ord. 3172 § 1, 2004)