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. 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;
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. 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)
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)