Terms used in this title are defined as provided in this chapter,
unless the context requires otherwise. Terms not defined in this chapter
shall have the definitions found in the Oregon Vehicle Code, ORS Chapters
801 to 823.
(Ord. 1360 § 1, 1977; Ord. 1592 § 5, 1986)
"Abandoned" means left unoccupied and unclaimed, or in a damaged
or dismantled condition upon the streets or alleys of a City.
(Ord. 1360 § 1(1), 1977)
"Alley" means a narrow passageway through the interior of a
block or from the interior to the street.
(Ord. 1361 § 1, 1977)
"Ambulance" means any privately- or publicly-owned motor vehicle
that is regularly provided or offered to be provided for the emergency
transportation of persons suffering from illness, injury, or disability.
Police, fire, funeral home, and other vehicles which serve a dual
purpose, one of which meets the definition of "ambulance," when actually
used for ambulance purposes, are ambulances.
(Ord. 1361 § 1, 1977)
"Bicycle" means every device propelled by human power upon which
any person may ride, having two tandem wheels, either of which is
more than 14 inches in diameter, or having three wheels, all of which
are more than 14 inches in diameter.
(Ord. 1361 § 1, 1977)
"Block" means all four sides or streets surrounding or encompassing
a plot of land including any adjacent street across from the block
originally parked in.
(Ord. 1791 § 1, 1995)
"Bus loading zone" means the space adjacent to the curb reserved
for the exclusive use of motor buses, trolley buses, and taxicabs
in the loading and unloading of passengers and merchandise and designated
by official signs or markings.
(Ord. 1360 § 1(5), 1977)
"Business district" means the territory contiguous to a street
or highway where 50% or more of the frontage thereon for a distance
of 600 feet or more on one side, or 300 feet or more on both sides
is occupied by buildings in use for business.
(Ord. 1360 § 1(6), 1977)
"City" means the City of Milwaukie.
(Ord. 1360 § 1(7), 1977)
"Commercial vehicle" means:
A.
A vehicle
of over 8,000 pounds gross weight that is designed and being used
to transport merchandise, or a vehicle of less than 8,000 pounds gross
weight with the business name of the user permanently exhibited on
one or both of its sides that is designed and being used to transport
merchandise;
B.
A station
wagon with the business name of the user permanently exhibited on
one or both of its sides, when used for transporting merchandise.
(Ord. 1361 § 1, 1977)
"Construction zone" means the space adjacent to the curb and
in immediate proximity to the premises where construction, alteration,
remodeling, repairing, or similar work is in progress, and designated
by official signs or markings.
(Ord. 1360 § 1(9), 1977)
"Controlled access highway" means every highway, street, or
roadway in respect to which owners or occupants of abutting lands
or other persons have no legal right of access to or from the same
except at such points only and in such manner as may be determined
by the public authority having jurisdiction over such highway, street,
or roadway.
(Ord. 1360 § 1(10), 1977)
"Crosswalk" means that portion of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks
on opposite sides of the street or highway measured from the curbs
or, in the absence of curbs, from the edges of the traveled roadway
to the property lines or the prolongation of the lateral lines of
a sidewalk, to the sidewalk on the opposite side of the street except
when such prolongation would not meet such sidewalk on the opposite
side of the street, or any portion of a roadway at an intersection
or elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface of such roadway conforming in design
to standards prescribed by the State Highway Commission; provided,
however, that whenever marked cross-walks have been indicated, such
crosswalks and no other shall be deemed lawful across such roadway
at that intersection.
(Ord. 1361 § 1, 1977)
"Curb" means any raised margin along lines established by ordinance
as curb lines, defining the space in the street devoted to vehicular
traffic; or if there are no raised margins, the extreme edge or shoulder
of the roadway.
(Ord. 1360 § 1(12), 1977)
"Driver" means any person in actual control of a vehicle.
(Ord. 1360 § 1(13), 1977)
"Emergency vehicles" mean vehicles of the fire department, fire
patrol, police vehicles, emergency vehicles of municipal departments
of public service corporations, and ambulances while being used for
emergency purposes and displaying the required lights and sounding
a siren or other audible warning.
(Ord. 1361 § 1, 1977)
"Emergency zones" means places designated with official signs,
barricades, or other markings by the Department of Public Works or
Bureau of Police where during emergencies or because of contingent
emergencies no parking shall be allowed.
(Ord. 1360 § 1(15), 1977)
"Highway," "road," or "street" means every public way, thoroughfare,
and place, including bridges, viaducts, and other structures within
the boundaries of this municipality, used or intended for the use
of the general public for vehicles except that:
A.
The
terms do not include any way, thoroughfare, or place owned by a district
formed under ORS Chapters 545, 547 and 551 or a corporation formed
under ORS Chapter 554; and
B.
As
used in those provisions relating to size and weight restrictions
vehicles, the terms do not include any road or thoroughfare or property
in private ownership or any road or thoroughfare, other than a State
highway or County road, used pursuant to any agreement with any agency
of the United States or with a license of such agency, or both.
(Ord. 1361 § 1, 1977)
"Holiday," as used in this title or on signs or other devices
erected in accordance with this title, means and includes Sundays,
New Years, either Independence Day, either Labor Day, Thanksgiving,
Christmas, and all other legal holidays.
(Ord. 1360 § 1(17), 1977)
"Intersection" means the area embraced within the prolongation
or connection of the lateral curblines, or, if none, then of the lateral
boundary lines of two or more streets or highways which join another
at an angle, whether or not one street or highway crosses the other.
(Ord. 1361 § 1, 1977)
"Loading zone" means the space adjacent to the curb reserved
for the exclusive use of vehicles actually engaged in the loading
or unloading of passengers, goods, wares, merchandise, or materials,
and designated by official signs or markings.
(Ord. 1360 § 1(19), 1977)
"Motor vehicle" means any vehicle which is self-propelled, including
but not limited to tractors, forklift trucks, motorcycles, road building
equipment, street cleaning equipment, and any other vehicle capable
of moving under its own power, notwithstanding that the vehicle may
be exempt from licensing under the Motor Vehicle Laws of Oregon.
(Ord. 1361 § 1, 1977)
"Motorcycle" means every motor vehicle, except tractors, designed
to travel on not more than three wheels in contact with the ground.
(Ord. 1360 § 1(21), 1977)
"Official car zone" means the space adjacent to the curb reserved
for the exclusive use of official cars and designated by official
signs or markings.
(Ord. 1360 § 1(22), 1977)
"Operator" means any person who is in actual physical control
of a motor vehicle upon the highways or streets of the City.
(Ord. 1360 § 1(23), 1977)
"Owner" means the person having all the incidents of ownership
in a vehicle or where the incidents of ownership are in different
persons, the person, other than a security interest holder or lessor,
entitled to possession of a vehicle under a security agreement, or
a lease for a term of 10 or more successive days.
(Ord. 1361 § 1, 1977)
"Park," "parking," or "parked" means the stopping or standing
of any vehicle upon any street or highway within the City, whether
such vehicle is occupied or not, otherwise than temporarily for the
purpose of and while actually engaged in loading or unloading passengers
or freight, or in obedience to traffic regulations or traffic signs
or signals.
(Ord. 1361 § 1, 1977)
"Parkway" means that portion of the street not used as a roadway
or sidewalk.
(Ord. 1360 § 1(26), 1977)
"Pedestrian" means a person afoot; a person operating a pushcart;
a person riding on, or pulling a coaster wagon, sled, scooter, tricycle,
sidewalk bicycle, or a similar conveyance, or on roller skates; a
baby in a carriage; or a person confined to a wheelchair or a similar
apparatus.
(Ord. 1361 § 1, 1977)
"Person" means any natural person, firm, partnership, association,
or corporation.
(Ord. 1360 § 1(29), 1977)
"Playground zone" means the space adjacent to or in the immediate
proximity of any public playground and designated by official signs
or markings.
(Ord. 1360 § 1(28), 1977)
"Premises open to the public" means and includes any premises
owned or maintained by the City and open to the general public for
the use of motor vehicles, whether or not a fee is charged for the
use of the premises.
(Ord. 1680 § 1, 1990)
"Private road or driveway" means every way or place in private
ownership and used for vehicular travel by the owner and those having
express or implied permission from the owner, but not by other persons.
(Ord. 1360 § 1(30), 1977)
A.
"Right-of-way"
means the right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other;
or
B.
An
area that allows for the passage of people or goods. Right-of-way
includes passageways such as freeways, pedestrian connections, alleys
and all streets. A right-of-way may be dedicated or deeded to the
public for public use and under the control of a public agency or
it may be privately owned. A right-of-way that is not dedicated or
deeded to the public is usually in a tract or easement. See also "street."
(Ord. 1360 § 1(31), 1977; Ord. 2021 § 2, 2010)
"School bus" means every motor vehicle owned by a public or
governmental agency and operated for the transportation of children
to or from school, or privately owned and operated for compensation
for the transportation of children to or from school. "School bus"
does not include vehicles commonly known and used as private passenger
vehicles and not operated for compensation except in the transportation
of children to or from school.
(Ord. 1361 § 1, 1977)
"School zone" means the space adjacent to or in the proximity
of a school building or the grounds thereof, or a school crossing
and designated by official signs or markings.
(Ord. 1360 § 1(33), 1977)
"Shoulder" means that portion of the highway, whether paved
or unpaved, contiguous to the roadway primarily for use by pedestrians
for the accommodation of stopped vehicles, for emergency use, and
for lateral support of base and surface courses.
(Ord. 1360 § 1(34), 1977)
"Sidewalk" means that portion of a street between the curblines,
or the lateral lines of a roadway, and the adjacent property line
intended for the use of pedestrians.
(Ord. 1361 § 1, 1977)
"Stop," when required, means a complete cessation of movement.
When prohibited, "stop" means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a Police Officer
or traffic control sign or signal.
(Ord. 1360 § 1(37), 1977)
"Street" or "highway" means the entire width between the right-of-way
lines for vehicular, bicycle, and pedestrian traffic and includes
the terms "road," "roadway," "highway," "lane," "place," "avenue,"
"alley," and other similar designations.
(Ord. 1361 § 1, 1977; Ord. 2021 § 3, 2010)
"Taxicab" means every motor vehicle equipped with a taximeter
which is used as a basis for determining rates.
(Ord. 1360 § 1(38), 1977)
"Taxicab zone" means the space adjacent to the curb reserved
for the exclusive use of taxicabs, and designated by official signs
or markings.
(Ord. 1360 § 1(39), 1977)
"Towaway zone" means the space adjacent to the curb on any street
or avenue, or portion thereof, on which stopping or parking has been
prohibited for specific hours of the day, or otherwise, and which
is designated as a towaway zone by official signs or markings.
(Ord. 1361 § 1, 1977)
"Traffic control signal" means any device, whether manually,
electrically, or mechanically operated, by which traffic is directed.
(Ord. 1361 § 1, 1977)
"Traffic lane" means that area of the roadway used for the movement
of a single line of traffic.
(Ord. 1360 § 1(41), 1977)
"Truck," as used in this chapter, means and applies to any vehicle
licensed as a motor truck, or any vehicle 72 inches or more in width,
or any vehicle, including but not limited to a motor truck trailer,
designed or operated for the transportation of property, or any piece
of movable equipment operable on the City streets, and whose body
weight or whose combined body and load weight exceeds 6,000 pounds.
"Truck" shall not, for the purpose of this chapter, be applied to
automobile passenger vehicles nor to that form of truck commonly referred
to as a "pickup," nor to those vehicles commonly referred to as recreation
vehicles.
(Ord. 1361 § 1, 1977; Ord. 1824 § 1, 1997)
"Vehicle" means every device in, upon, or by which any person
or property is or may be transported or drawn upon any public street
or highway including the following:
1.
"Camper"
as defined in ORS 801.180;
2.
"Mobile
home" as defined in ORS 801.340;
3.
"Motor
bus" as defined in ORS 801.200;
4.
"Motorhome"
as defined in ORS 801.350;
5.
"Motor
truck" as defined in ORS 801.355;
6.
"Recreational
vehicle" as defined in ORS 446.003;
7.
"Trailer"
as defined in ORS 801.560;
8.
"Travel
trailer" as defined in ORS 801.565; and "Truck tractor" as defined
in ORS 801.575.
(Ord. 1361 § 1, 1977; Ord. 1791 § 2, 1995)
