A.
Notwithstanding
Article VII, whenever a vehicle is a hazardous vehicle, a police officer
shall order the owner or operator of the vehicle to remove it. If
the vehicle is unattended, the officer may cause the vehicle to be
immediately towed without notice and stored at the owner's expense.
The owner shall be liable for the costs of towing and storing, notwithstanding
that the vehicle was parked by another or that the vehicle was initially
parked in a safe manner but subsequently became a hazardous vehicle.
The City shall provide notice following such impoundment that is substantially
similar to the form, substance, and time periods provided under ORS
819.110 and ORS 819.179.
B.
After providing the notice required by this chapter and, if requested, a hearing as provided by this chapter, any abandoned vehicle, stored vehicle remaining in violation of this Title 10, or other vehicle remaining in violation of Section 10.04.270 may be impounded in a manner that is consistent with ORS 819.110 through ORS 819.160 and ultimately disposed of in a manner that is consistent with ORS 819.210 through ORS 819.280.
C.
The
impoundment of a vehicle will not preclude the issuance of a citation
for violation of a provision of this chapter.
D.
Stolen
vehicles may be towed from public or private property and stored at
the expense of the vehicle owner.
(Ord. 842-A § 31, 1989; Ord. 1263 § 9, 2023)
A.
No
person shall disobey the instruction of a traffic officer or a traffic
control device.
B.
No
unauthorized person shall install, move, remove, obstruct, alter the
position of, deface or tamper with a traffic control device.
(Ord. 842-A § 32, 1989)
The existence of a traffic control device shall be prima facie
evidence that the device was lawfully authorized and installed.
(Ord. 842-A § 33, 1989)
Traffic control devices installed prior to the adoption of the
ordinance codified in this chapter be and the same are hereby lawfully
authorized as are more specifically set forth in schedules A through
D-2 attached hereto and by this reference incorporated herein as if
set forth in full.
(Ord. 842-A § 34, 1989)
C.
Violation
of a provision identical to a State statute is punishable by a fine
not to exceed the penalty prescribed by the State statute.
(Ord. 842-A § 35, 1989; Ord. 1263 § 10, 2023)
A person provided notice under this chapter, or any other person
who reasonably appears to have an interest in the vehicle, may request
a hearing under this section to contest the validity of the impoundment
or the proposed impoundment by submitting a request for hearing with
the municipal court not more than five business days after the mailing
date of the notice. A request for hearing shall be in writing and
shall state grounds upon which the person requesting the hearing believes
that the removal of the vehicle is not justified. A hearing under
this section shall comply with all of the following:
A.
If
the city proposes to remove a vehicle and receives a request for hearing
before the vehicle is removed, the vehicle shall not be removed unless
it constitutes a hazard.
B.
The
municipal court shall set a time for a hearing within seven business
days after receipt of the request and shall provide notice of the
hearing to the person requesting the hearing and to the owner(s) of
the vehicle and any lessors or security interest holders shown in
the records of the Department of Motor Vehicles, if not the same as
the person requesting the hearing, and to the City Attorney's office.
C.
If
the municipal court finds, after a hearing and by substantial evidence
on the record, that the removal of a vehicle was or would be:
1.
Invalid,
the municipal court shall order the immediate release of the vehicle
to the owner or person with the right to possession. If the vehicle
is released under this subsection, the person to whom the vehicle
is released is not liable for any towing or storage charges accruing
prior to the order of the municipal court. If the person has already
paid such towing and storage charges on the vehicle, the City shall
reimburse the person for the charges. The person shall be liable for
any additional storage charges incurred after the order. New storage
charges for the vehicle will not start to accrue until 24 hours after
the issuance of the order. If the vehicle has not yet been removed,
the City shall not remove the vehicle.
2.
Valid,
the municipal court shall order the vehicle to be held in custody
until the costs of the hearing are paid by the person claiming the
vehicle, and the person claiming the vehicle otherwise complies with
any conditions of release of the vehicle. If the vehicle has not yet
been removed, the City shall order its removal.
D.
If
the person requesting the hearing does not appear at the hearing,
the municipal court may enter an order finding the removal to be valid
and any applicable charges to be reasonable.
E.
A person
who fails to appear at a hearing under this section is not entitled
to another hearing on the same matter unless the person provides reasons
satisfactory to the municipal court for the person's failure to appear.
F.
The
City is only required to provide one hearing under this section for
each time the city removes a vehicle or proposes to do so.
G.
A hearing
under this section may be used to determine the reasonableness of
the charges for towing and storage of a vehicle. Towing and storage
charges, set by law, ordinance, or rule, or that comply with law,
ordinance, or rule, shall be deemed reasonable for purposes of this
chapter. If the reasonableness of charges for towing and storage of
a vehicle are contested through a hearing under this section, the
municipal court shall enter an order setting forth the amount of towing
and storage charges the court has determined to be reasonable.
H.
The
municipal court shall provide a written statement of the results of
the hearing to the person requesting the hearing and to the City Attorney's
office.
I.
The
action of the municipal court is final, and no appeal can be taken
from it.
(Ord. 1263 § 11, 2023)
A.
No
abandoned vehicle may be parked or left standing upon the right-of-way
of any City, County, or State highway, street or alley or upon any
City property.
B.
Abandoned
vehicle(s) will need to move more than 500 feet to become compliant.
C.
The
City may impound and dispose of an abandoned vehicle by following
the procedures in ORS 819.110 to ORS 819.440.
D.
Any
person found violating this section shall be guilty of committing
a traffic violation punishable by a fine not to exceed $265 per occurrence.
(Ord. 1263 § 12, 2023)
A.
No
person shall commit, cause, or allow a hazardous vehicle to be parked
or left standing upon the right-of-way of any City, County, or State
highway, street or alley or upon any City property.
B.
The City may impound or dispose of a hazardous vehicle by following the procedures in Section 10.04.300.
C.
Any
person found violating this section shall be guilty of committing
a traffic violation punishable by a fine not to exceed $265 per occurrence.
(Ord. 1263 § 13, 2023; Ord. 1270, 11/28/2023)
A.
No
person shall store, or permit to be stored on a street, sidewalk,
public right-of-way, or other public property without permission of
the City for a period in excess of 24 hours.
B.
A vehicle may be stored on the street adjacent to the address where the vehicle is registered for up to 72 consecutive hours, if parking is permitted on that street, the vehicle is not an abandoned or hazardous vehicle (as defined in Section 10.04.030), and the vehicle is otherwise compliant under this Code.
C.
If,
due to a disaster situation, emergency situation, renovation or other
work within a standard parking spot beyond the owner's control, or
other circumstances beyond the vehicle owner's control, a vehicle
must be stored on the street for longer than the prescribed time limits
under this section, then a person can obtain temporary storage permit
for the vehicle from the City for longer than the prescribed time
limits in this section.
D.
Vehicle(s)
that are stored will need to move more than 500 feet in order to become
compliant.
E.
The
City may impound or dispose of a stored vehicle in violation of this
section following the procedures of Article VII and Article VIII of
this chapter. Officers shall make a reasonable attempt to contact
the registered or current owner prior to removing or towing the vehicle
and/or other personal property.
F.
Any
person found violating this section shall be guilty of committing
a traffic violation punishable by a fine not to exceed $100 per occurrence.
(Ord. 1270, 11/28/2023)
