A. No person, firm or corporation shall store or permit to be stored on a street or other public property without permission of the city, an inoperable or unlicensed vehicle (not lawfully equipped and capable of being driven) for a period in excess of 48 hours. It shall constitute prima facie evidence of storage of a vehicle if such vehicle is not moved for a period of 24 hours. The continuity of the time shall not be deemed broken by movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the block where it was located for not less than 24 hours before it is returned.
B. It shall be unlawful for an owner, operator or other person in charge of a recreational vehicle as defined in ORS
174.101a boat as defined in ORS
830.005(2) or a motor vehicle defined in ORS
801.360 to park or store or permit or cause such vehicle to be parked or stored upon a public right-of-way unless the owner or operator is engaged in loading or unloading, not to exceed a period of more than 24 hours. Sleeping in a recreational vehicle, boat, or motor vehicle while in the public right-of-way is prohibited.
C. When a vehicle is found in violation of subsection
A or
B of this section, the officer responsible for enforcement of this section shall:
1. Issue a citation for the violation;
2. Make routine investigation to discover the owner and request removal of the vehicle;
3. Failing to discover the owner, make a diligent inquiry with the Oregon Motor Vehicle Division as to the name and address of the owner of the vehicle, and mail notice to the owner at the address shown on the Division's records. Such notice shall be by certified mail;
4. Place a notice on the windshield, or if none exists, in another conspicuous place on the vehicle. If the vehicle does not have license plates or a current registration, then a warning sticker on the vehicle shall be the method of attempting to inform the owner of the necessity of removing the vehicle before it is towed;
5. Impound the vehicle and remove it from the public street or property as provided in this section after complying with the requirements of this section, and waiting not less than five days after the notice given in the preceding subsection (C)(4) of this section, and provide notice of impoundment as set forth in this section.
D. The notices required in subsection
C of this section shall specify:
1. The name of the city person issuing the notice and how the person may be contacted;
2. That the vehicle will be impounded as an abandoned vehicle at the owner's expense if not removed within five days;
3. That the owner's expense may include, in addition to any bail or fine, the costs of towing and storing the vehicle which must be paid before the vehicle will be released, and that failure to redeem the vehicle will result in its sale;
4. That the owner of the vehicle may request, before the expiration of five days:
a. An extension of time in which to move the vehicle, not to exceed 48 hours. The officer granting the request for an extension shall do so only if the owner has not requested a similar extension in the preceding six months,
b. A hearing before the hearings officer on the validity of the offense.
5. How and where the owner of the vehicle can get information about the opportunity for a hearing;
6. If any extension or hearing is requested and the owner fails to remove the vehicle or appear at the hearing, the vehicle will be impounded without another opportunity to be heard except for good cause shown.
E. If the owner of the vehicle requests a hearing before the vehicle is impounded and posts bail with the city within 48 hours of the request for a hearing, the vehicle shall not be impounded until after the hearing.
F. The hearing requested by a vehicle owner shall be held as soon as the hearings officer allows and, if possible, written notice of such hearing shall be given to the owner at the time the request is received at the city.
G. 1. This section shall not apply to vehicles impounded under the direction of a police officer or the city for:
a. Criminal investigative purposes; or
b. For safekeeping when the operator of the vehicle is unable to safely and lawfully park the vehicle;
c. Impeding the orderly flow of traffic or presenting a public safety hazard.
2. If the owner fails to claim the vehicle within five days after its impoundment or notice of its release from criminal investigations, it shall be impounded, redeemed or sold as provided by state law.
(Ord. 115 § 9, 1993; Ord. 569 § 1, 2022; Ord. 594, 2/18/2025)