A. 
After approval by the State Highway Commission where such approval is required by the Motor Vehicle Laws of Oregon, and for the best use of the streets in the public interest, the Council shall designate by resolution the following traffic controls which shall become effective upon installation of appropriate traffic signs, signals, markings or devices:
1. 
Through streets;
2. 
One-way streets;
3. 
Truck routes;
4. 
Streets where trucks, machinery or any other large or heavy vehicles exceeding specified weights are prohibited, except for delivering or picking up materials or merchandise but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route.
B. 
Except when contrary to State law, if it appears that public safety or welfare does not require the installation or maintenance of a traffic sign, signal, marking, or device, or is better served by the removal or alteration thereof, the Council may, by resolution, forbid the installation or order the removal or alteration of any traffic sign, signal, marking, or device that is proposed or installed under Section 10.20.030 of this chapter. Such traffic controls shall become inoperative only when removed or altered.
C. 
The City Council shall by resolution determine and set fees for parking.
(Ord. 1361 § 2, 1977)
A. 
In making the best use of streets and sidewalks for vehicle traffic and parking and pedestrian traffic, the City Manager is authorized to provide appropriate and reasonable regulation of the classes of traffic signs, signals, markings, and devices described in subsection B of this section of the streets, sidewalks, and other public property of the City as are found appropriate for public safety, convenience, and welfare. Subject to approval by the State Highway Commission where such approval is required by the Motor Vehicle Laws of Oregon, the City Manager shall base his or her determinations upon:
1. 
Traffic engineering principles and traffic investigations;
2. 
Standards, limitations, and rules promulgated by the State Highway Commission;
3. 
Other recognized traffic control standards;
4. 
Required needs.
B. 
Pursuant to subsection A of this section, the City Manager may establish, maintain, remove, or alter the following classes of traffic controls:
1. 
Street areas and City-owned or leased land upon which parking may be entirely prohibited or prohibited during certain hours and the angle of such parking;
2. 
The location and the time of operation of traffic control signals;
3. 
Bus loading zones, taxicab zones, and zones for other passenger common carrier vehicles;
4. 
The location of passenger loading zones for use in connection with a hotel, auditorium, theater, church, school, or public building;
5. 
Loading zones for commercial purposes;
6. 
Intersections or areas where drivers of vehicles shall not make right, left, or U-turns and the time when the prohibition applies;
7. 
Crosswalks, safety zones, parking spaces, traffic lanes, and other symbols;
8. 
Traffic control signs;
9. 
All other signs, signals, markings, and devices required to implement traffic and parking controls enacted by the Council or required by State law or regulation.
C. 
Pursuant to subsection A of this section, the City Manager may provide for the experimental or emergency traffic regulation of a temporary nature that shall not remain in effect more than 30 days. No experimental or emergency regulation is effective until adequate traffic signs, signals, markings, or devices are erected clearly indicating the regulation.
D. 
The City Manager shall not remove or alter a traffic sign, signal marking, or device if his or her act would be contrary to State law or ordinance. If a traffic sign, signal, marking, or device is installed under authority of a resolution of the Council, the Council shall first approve any change or alteration by the City Manager.
(Ord. 1361 § 3, 1977)
Pursuant to subsections C and D of Section 10.20.030, the City Manager may at his or her discretion issue a temporary parking variance, which shall remain in effect for not more than 30 days. Such variance shall be issued in the following manner:
A. 
A parking permit shall be issued stating clearly the variance which is allowed. The permit shall state that it must be posted in the windshield on the driver's side of the vehicle. The permit shall also state that acceptance of this permit is consent to abide by the limitations placed on this permit by this subsection. A copy of this subsection shall be attached to the letter issuing the permit or to the permit itself.
B. 
Variances for longer than 24 hours shall be issued by written request only. The request shall include:
1. 
The reason for needing a variance;
2. 
The duration of variance requested, for example: January 1 through and including January 5, 1978.
C. 
A variance may be extended upon written request. The request must contain the information required in subsection B. The total days a variance is allowed may not exceed 30 days.
D. 
The parking permit must be placed in the vehicle clearly visible from the outside of the car, under the windshield of the driver's side of the car. Failure to post the permit in a clearly visible spot under the windshield subjects the vehicle to liability for violation of this chapter, and may cause the vehicle to be impounded.
E. 
If the variance is to be in effect for more than 24 hours, a letter describing the variance shall be sent to the Police Department. This letter shall conform in all respects to the variance permit as issued by the City Manager.
(Ord. 1361 § 3, 1977; Ord. 1384 § 1, 1978)
A. 
Where parking space markings are placed on a street, no person shall stand or park a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible within a single marked space. For purposes of this section, vehicle shall include a bicycle and other nonself-propelled vehicle.
B. 
The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to interfere.
C. 
Whenever 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 otherwise directed by Police or Fire Officers.
D. 
No person shall permit a vehicle in his or her charge to remain backed to the curb of any street except while engaged in actually loading or unloading the same, and then only when it is absolutely necessary due to the size or weight of the object being loaded or unloaded.
E. 
No person, whether in a vehicle or not, shall intrude himself nor park his or her vehicle upon a street, or premises, where a fire is in progress in such manner as to interfere with the Fire Department in its efforts to extinguish a fire, and no persons shall congregate in the vicinity of a fire in such a manner as to hinder or interfere with the Fire Department in its efforts to extinguish a fire.
F. 
It is unlawful for the owner, driver, or person in charge of a motor vehicle, commercial vehicles excepted, to park or permit such vehicle to be parked on a public parking lot or highway within the limits of the City without first stopping the motor, locking the ignition, removing the ignition key, and locking the vehicle.
G. 
Where parallel parking is permitted a driver shall position his or her car within 12 inches of the curb or, if more, as close as possible to the edge of the shoulder. Parking shall be in the same direction as the traffic flow in the adjacent lane.
H. 
Parallel parking in residential areas shall also be in the same direction as the traffic flow in the adjacent lane and as close as practicable to the shoulder of the road or within 12 inches of any curb.
(Ord. 1361 § 4, 1977)
A. 
Use of streets in lieu of off-street parking or storage prohibited:
1. 
It is unlawful for the person in charge of a public parking business or an auto sales or repair business to permit a vehicle to be parked on a public street in excess of any time limits while that vehicle is in the custody of the business for the purpose of being parked, offered for sale, or repaired. As used in this section, "person in charge" means an owner, operator, or employee who is physically present and actually supervising operation of the business; "public parking business" means a business offering public off-street parking as a service; and "auto sales or repair business" means a business offering public off-street parking as a service; and "auto sales or repair business" means a business offering new or used vehicles for sale or offering vehicle repair service.
2. 
If a vehicle is parked on the street while in the custody or possession of a public parking business or an auto sales or repair business for the purpose of being parked, offered for sale, or repaired, it is prima facie evidence that the person in charge permitted the vehicle to be parked on the street.
B. 
In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall park a vehicle:
1. 
Upon a bridge, viaduct, or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs;
2. 
In any nonvacated alley except to load or unload persons or materials not to exceed 20 minutes for loading or unloading;
3. 
Upon a street for the principal purpose of:
a. 
Displaying the vehicle for sale,
b. 
Servicing or repairing the vehicle except repairs necessitated by an emergency. Emergency, for the purpose of this section, shall allow only minor repairs necessary to remove the vehicle from the street. If repairs necessary to make the vehicle operable require more than two hours to complete they shall not be considered minor,
c. 
Displaying advertising from the vehicle,
d. 
Selling merchandise from the vehicle except in an established market,
e. 
Storing the vehicle in violation of Chapter 10.40 of this title;
4. 
Upon any parkway except where specifically authorized;
5. 
Without the permission of the owner, lessee, or person, firm, or corporation in lawful possession of any private property used for motor vehicle parking, leave, or park any motor vehicle thereon, if there is in plain view on such private property a sign prohibiting public parking thereon or restricting parking thereon;
6. 
Within an intersection, on a crosswalk or a parking strip, on the roadway side of any vehicle stopped or parked at the edge of a street or highway;
7. 
At any place where official stops, curb paint, or markings have been installed prohibiting standing, stopping, or parking, provided, however, driver-attended private passenger motor vehicles and taxicabs may stop for not to exceed 30 seconds in such tow-away zone, for the sole purpose of loading or unloading passengers;
8. 
In violation of Chapter 10.40 of this title;
9. 
In any emergency zone;
10. 
In any truck loading zone except as to a commercial vehicle when actually engaged in loading or unloading goods, wares, merchandise, or materials, for a period not exceeding 20 minutes; and as to taxicabs when loading or unloading passengers or merchandise, for a period of time not exceeding two minutes;
11. 
In any bus loading zone except a motor bus, trolley bus, or taxicab actually engaged in loading or unloading passengers or merchandise for a period not exceeding two minutes. Taxicabs using any bus loading zone shall use only the entrance end of the zone and shall not use such zone between the hours of 7:30 a.m. and 9:00 a.m.;
12. 
In any construction zone, except by vehicles actually necessary to the construction being carried on;
13. 
On premises open to the public if there is in plain view on such premises a sign prohibiting or restricting parking thereon;
14. 
In any manner or in any place prohibited by ORS 811.550;
15. 
In any place prohibited by ORS 811.615;
16. 
In any place prohibited by ORS 811.617;
17. 
On or within a public right-of-way when the vehicle registration as indicated by registration stickers or registration card has been expired for 30 days or more.
C. 
It is unlawful for the driver or any person owning or in control of a truck to leave the truck standing or parked continuously upon the streets of the City as follows:
1. 
For more than eight hours, between the hours of 6:00 a.m. and 9:00 p.m. in commercial and industrial zones, except where specifically posted otherwise;
2. 
For more than two hours, between the hours of 9:00 p.m. and 6:00 a.m. in commercial and industrial zones, except where specifically posted otherwise;
3. 
For more than two hours in residential zones, except where specifically posted with a more restrictive time limit, or where the City Manager gives specific permission to leave the truck standing or parked for a longer period of time.
D. 
It shall be unlawful for an owner, operator or other person in charge of a recreational vehicle or a private pleasure craft, as defined in Section 19.201, to park or store or permit or cause such vehicle to be parked or stored upon a public right-of-way within a residential zone.
(Ord. 1361 § 5, 1977; Ord. 1384 §§ 1, 2, 1978; Ord. 1584 § 2, 1956; Ord. 1589, 1986; Ord. 1680 § 2, 1990; Ord. 1751, 1993; Ord. 1791 § 3, 1995; Ord. 2021 § 1, 2010; Ord. 2070 §§ 2, 3, 2013; Ord. 2088 § 1, 2014)
A. 
The City Manager may issue without charge a special parking permit for any vehicle. This permit shall allow parking without charge in any area.
B. 
All special parking permits issued under this section shall expire on the last day of the calendar year in which issued. A new permit may be issued for ensuing years by the City Manager if a new application is filed and approved in the same manner as was the original application.
C. 
These permits may be revoked by the City Manager and will in no event be valid for longer than one year's time.
(Ord. 1361 § 6, 1977)
A. 
No lights need be displayed upon a vehicle that is parked in accordance with this chapter upon a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle.
B. 
It is unlawful for any person to park, stop, or leave standing any vehicle for a longer period of time than designated by official signs, except on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Such parking time limits shall be effective only between the hours of 8:00 a.m. and 5:00 p.m., unless designated "No Parking At Any Time," or otherwise designated by official signs or markings. Limitations on parking apply within "blocks" as established and designated by official signs.
C. 
Where maximum parking time limits are designated by sign a vehicle will be deemed to have been stopped, parked, or left standing for longer than the time allowed if a vehicle has not been moved at least out of the "block" after the expiration of the designated time zone. A vehicle may not be returned to the same block within the same day following the expiration of the initial time period. Movement of a vehicle within a block shall not extend the time limits for parking.
1. 
The time to be considered shall begin when the vehicle is parked in a particular limited time zone on a particular square block; and
2. 
The time shall continue whether or not the vehicle is moved into another limited time zone on the same square block.
D. 
Any vehicle which because of its size or shape cannot be parked as provided by ordinance may be parked outside the restricted or limited parking area in a manner which will not impede or interfere with vehicular traffic.
E. 
The driver of a bus or taxicab shall not stand or park such vehicle upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers.
F. 
Except as provided by this chapter, no person shall letter, mark, or paint in any manner any letters, marks, or signs on any sidewalk, curb, or other portion of any street, or post anything designed or intended to prohibit or restrict parking on any street.
G. 
It is unlawful for any person to deface, injure, tamper with, wilfully break, destroy, or impair any traffic regulating sign.
H. 
Whenever a Police Officer shall find a motor vehicle parked or standing unattended with the ignition key in the vehicle, the officer is authorized to remove the key from the vehicle. After removing the key, the officer shall make a routine investigation to discover the owner. If upon completion of this investigation, the owner cannot be located, the officer may deliver the key to the Police Chief or designated appointee. Notification of the location of the keys shall be posted upon such vehicle. The notification shall state the location of the keys and the procedures for reclaiming the keys.
(Ord. 1361 § 8, 1977; Ord. 2005 § 1, 2009)
A. 
Whenever 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 conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge against him or her or pay the penalty imposed by the court date stated in the citation, at a place specified in the citation. If bail is not posted by the court date the fine will be doubled.
B. 
Whenever an operator accumulates five or more traffic citations affixed to a vehicle and the bail or fines remain unpaid, a certified letter may be sent to the registered owner of the vehicle, return receipt requested, informing the owner that the bail or fines must be paid within 10 days from the date of mailing of the certified letter or the vehicle may not be parked or allowed to stand on a street and may be impounded in accordance with Section 10.20.095 of the Milwaukie Municipal Code.
C. 
The owner of a vehicle parked in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner's consent.
D. 
In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact.
E. 
The bail amount for a parking citation(s) may increase whenever a registered vehicle owner has received four issued citations for the same parking offense for the registered vehicle within a rolling 365-day timeframe. Each citation thereafter, beginning with the fifth (5th) citation in a rolling 365-day timeframe, will be at a higher bail amount.
(Ord. 1361 § 7, 1977; Ord. 1728 § 1, 1993; Ord. 1997 § 1, 2009; Ord. 2005 § 2, 2009; Ord. 2114 § 1, 2016)
A. 
1. 
No operator shall stand or park a vehicle and no owner shall allow a vehicle to stand or park on a street, City property, property controlled by the City or property for which the City is contracted to enforce parking regulations when there are five or more currently outstanding parking citations on which:
a. 
There is unpaid bail, fines, costs, or a combination of bail, fines, and costs for parking violation(s) in this code;
b. 
The time for appearing or posting bail in Municipal Court specified on the citation(s) or the time for payment of the fine has passed; and
c. 
The Clerk of the Municipal Court has notified the registered owner of the outstanding parking citations under Section 10.20.090.B of the Milwaukie Municipal Code.
2. 
When a vehicle is standing or parked in violation of this section, a Police Officer may issue a citation and may immobilize the vehicle as provided in subsection B.
B. 
When an operator, owner, or person in charge of a vehicle is cited for violation of subsection A of this section, the officer issuing the citation may:
1. 
Immobilize the vehicle temporarily for a period of 24 hours by installing on or attaching to the vehicle a device designed to restrict the normal movement of the vehicle;
2. 
Conspicuously affix to the vehicle the written notice prescribed in subsection C of this section; and
3. 
Using the records of the Oregon Motor Vehicles Division or other record readily available, mail the notice prescribed in subsection C of this section to the owner.
C. 
1. 
The notice required by subsection B of this section shall contain:
a. 
The name of the City employee ordering the temporary immobilization;
b. 
A description of the vehicle and its location;
c. 
A statement of the reason for the temporary immobilization of the vehicle, including a reference to the code section which was violated;
d. 
Where to go and how to obtain release of the vehicle;
e. 
The statement that attempting to remove the immobilization device or removing it, or attempting to remove or removing the vehicle before it is released as authorized by this Code is an offense.
2. 
The parking restrictions of the City shall not apply to a vehicle that has been temporarily immobilized as provided in this section.
D. 
No person other than a City Police Officer shall remove or attempt to remove a temporary immobilization device, or move or attempt to move the vehicle, before it is released by the Police Department or the Clerk of the Municipal Court in accordance with this section. A vehicle shall be released and the temporary immobilization device removed when the owner, operator, or person in charge of the vehicle:
1. 
Posts bail and pays all fines and bail for parking citations issued against the vehicle, its operator or owner; or
2. 
Presents clear and convincing information to an employee of the City designated by the Municipal Judge to receive such information that the present owner of the vehicle did not own the immobilized vehicle at the time the parking citations were issued that established the violation of subsection A of this section, or that the bail and fines for parking citations that establish the violation of subsection A have been paid before the vehicle was temporarily immobilized.
E. 
Unless release of the vehicle is arranged within 24 hours of immobilization of the vehicle, the Police Department may remove the vehicle from the street or other public property as provided in Chapter 10.40.
F. 
The City employee designated by the Municipal Judge, as provided in subsection D of this section, may for good cause extend the time limit the temporary immobilization device is left attached to a vehicle before it is towed and stored. The extension of time limit shall not exceed an additional 24 hours, excluding Sundays and holidays.
G. 
The City shall be exempt from all liability, including but not limited to, common law liability that it might incur as a result of immobilizing the vehicle. The owner of the vehicle is fully liable for any damage to the vehicle and injury to others while the vehicle is immobilized.
(Ord. 1728 § 2, 1993)
Violation of this chapter shall be punishable by fine, or impoundment, or both. Fines shall be levied as fixed by the City Council.
(Ord. 1361 § 9, 1977)
A. 
When a vehicle is in the possession of a person taken into custody by a law enforcement officer and no other reasonable disposition of the vehicle is available, the vehicle may be towed without prior notice.
B. 
"Reasonable disposition" means that a person known and acceptable to the arrestee is on the scene, or readily available, with a valid driver's license and no impairment, and the officer determines that no circumstances exist which would render that person incapable of driving the vehicle to a place of safety.
(Ord. 1732 § 1, 1993)