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Ordinance No. 66-20 CITY OF TIGARD, OREGON ( ORDINANCE N0.66- '2-0 AN ORDINANCE ADOPTING AND ENACTING PERTINENT SECTIONS OF OREGON REVISED STATUTES WITH RESPECT TO THE REGULATING, OPERATING, USE A.'D OWNERSHIP OF VEHICLES; DEFINING TRAFFIC AND OTHER VEHICULAR OFFENSES; PRESCRIBING PROCEDURES; PRESCRIBING PARKING AND ADDITIONAL REGULATIONS; PRESCRIBING PENALTIES FOR VIOLATIONS; REPEALING ORDINANCES 63-15, 64-8, 64-15, 65-1, 65-8 and 66-5. TYRE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I ADOPTION OF OREGON MOTOR VEHICLE STATUTES -- MANNER OF CITING SECTIONS OF THE ORDINANCE DEFINITIONS- Section 1: This Ordinance may be cited as the "Motor Vehicle Code of the City of Tigard, Oregon". Section 2: By virtue of the authority contained in Section 221.330, Oregon Revised Statutes, all those certain sections of Chapters 481, 482, 483, 484 and 485, Oregon Revised Statutes, hereinafter in Chapters II, III, IV, V and VI of this Ordinance listed by section numbers with suffix (T) and titles, and being section numbers identical to those of applicable sections of Oregon Revised Statutee, be, and each and all thereof are, hereby adopted by this reference, section by section, paragraph by paragraph, word by word, in the entirety, in all respects tc the same legal force and effect as if set forth herein in full. Section 3: Each section of Oregon Revised Statutes hereinafter numbered and titled, when cited by the section number as identified in this irdinance together with a suffix (T),shall be referenced as a section of the "Motor Vehicle Code of the City of Tigard". Section 4: All applicable definitions set forth in Chapters 481, 482,_483, 484 and 485, Oregon REvised Statutes, to the extent and when applicable to the cited sections and titles of this Ordinance, be, and the same are, hereby adopted by reference herein to the same legal force and effect as if set forth herein in full. Whenever reference in the hereinafter cited sections of Oregon Revised Statutes is made to: a. "City Court" or "Municipal Court", it shall mean Municipal Court of the City of Tigard, Oregon. ORDINANCE No.66- 20 (Traffic) Chapter I - Page 1 b, "City Policeman", it shall mean a police officer of the City of Tigard, Oregon. c. "City Traffic Offense", it shall mean a violation of this Ordinance, excepting where otherwise specifi.ally provided. d. "Highway", "street", "county road" or "public way", it shall include every public way, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of the City of Tigard, used or intended for use of the general public for vehicles, except where the context otherwise requires. air= ORDINANCE No.66- - 20 (Traffic) Chapter T - Page 1 ( CHAPTER II (Chapter 481 O.R.S.) `�•- MOTOR VEHICLE LICENSING -- WRECKERS Section 481.255(T): Misplay of license plates required. Section 481,370(TI: Conduct of wrecking business. Section 481.999(T): Penalties Any violation of any section of Chapter II is punishable upon conviction by a fine of not more than $200.00, or by imprisonment in the Municipal Jail or County Jail for not more than sixty (60) days, or both. OP,DZNANCE No. 66 20 (Traffic) Chapter 11 -`Page 1 � a A �.w.� , ._ CHAPTER III (Chapter 482 O.R.S.) ( OPERATORS AND CHAUFFEURS LICENSES: Section 482.010(T): Definitions Section 482.040(1) (T): License requir_d to operate motor vehicle Section 482.190(T): Motorcycle defined Section 482.192(T): License with endorsement required to operate motorcycle Section 482.198(T): Prohibition against furnishing motorcycle unless license endorsement displayed Section 482.620(T): Causing or permitting illegal driving Section 482.650(T): Driving while license revoked or suspended Section 482.999(T): Penalties Violation of any section of Chapter III is punishable upon conviction by imprisonment in Municipal or County Jail for not more than six (6) months, or by a fine of not more than $500.00, or both., ORDINANC& iso. 66 2p (Traffic) Chapter III'- Page 1 f 4 4 CHAPTER_ IV (Chapter 483 O.R.S.) f MOTOR VEHICLE TRAFFIC AND RQUIPMENT: Definitions section 483.002(T): "Authorized emergency vehicle", "axle", "business district" and "bus trailer" defined Section 483.004(T): "Chauffeur" defined Section 483.008(T): "Department", "driver" or "operator", "farm tractor" and "gross weight" defined Section 483.010(T): "Group of axles", "highway", "road" and 'street" defined a Section 483.012(T)= ","locale authorities" ands"metalrtires" defined Section 483.014(T): "Motor bus", "motorcycle", "motor truck" and "motor vehicle" defined Section 483.016(T): "Official traffic signs and signals" and "owner" defined Section 483.018(T). "Pneumatic tire", "pole or pipe dolly or pole trailer", "pole trailer" and "private road or driveway" defined Section 483.020(x): "Residence district", ?right of way", "road tractor", "roadway" and "safety Zone" defined Section 483.022(T): "School bus" and "semitrailer"defined Section 483.024(T): "Sidewalk", "sled", "solid rubber tire", "solid tire", "solid-tired vehicle", "street- ear" and "tandem axles" defined Section 483.026TT): "Tire", "tire width" and "total tire;'width" defin6d Section 483.028(T): "Traffic", "traffic control signal" and 'trailer" defined Section 1183.030(T): "Tread", „arelley bus", "truck tractor" and " "vehicle!' defined Genea•al Provisions Section 483.032TT): applicability of chaptzr to government vehicles and persono, vehicles working on a street or highway, and farm vehicles. Section 483.034(T): Application of chapter to bicyclists and to persons riding, driving or leading animal Section 483.038(T): Effect of chapter on permissive use of private roadway' ORDINANCE No.66 _ �)� (Traffic) Chapter IV - Page 1 Section 483.o43(T): Authority of municipalities to designate one-way streets, roads or highways �. Section 483.044(T): Erection of signs by local authorities; control by State Highway Commission Section 483.045(T): Restricting of animal traffic to bridle paths Section 483.046(T): Permitting vehicle to be unlawfully operated Section 483.048(T): Duty to obey traffic officers; uniform or badge required Section 483.049(T): Fleeing or attempting to elude traffic or police officer when signaled to stop Section 483.050(T): Unlawful to drive defectively or unlawfully equipped vehicle Speed Regulations and Traffic Signals Section 483.102(T): Basic speed rule Section 483.10(T): Maximum speeds, exceeding which is prima facie evidence of violation Section 483.112(T): Designation of, speed in complaint; speed trap evidenca not admissible; use of radar; arrest without warrant in radar cases Section 483.114(m): Minimum speed regulation Section 483.116(T): Maximum speeds of certain trucks, busses and other vehicles Section 483.120(T): Application of speed regulations and traffic signs and signals to emergency vehicles; warning devices Section 483.121(T): Record required when ambulance used; preservation Section 433.122(T): Speed races prohibited on public ways; pub- lishing or advertising results Section 483.126(T): Signals for starting, stopping or turning on highway Section 483.128(T): Duty to obey traffic markers, signs and signals Section 483.139(T): Effect of "Co", "Caution" and "Stop" signals Section 483.132(T) Turning vehicles at intersections when signal is "0o" or "Stop" Section 483.134(T): Effect of "Walk" and "Wait" or "Don't Walk" signals ORDINANCE No. 66 - 20 _ (Traffic) Chapter IV - Page 2 7 i Section 483.136(T): Effect of flashing signals Section 483.138(T): Certain signs prohibited along highways Section 483.140(T): Damaging or removing sign or signal Right of Way I Section 483.202(T): Right of way at intersections Section 483.204(T): Stop signs or markers at entrances to main or through highways or at intersection Section 483.206(T): Vehicles entering highway from private road Section 483.208(T): Stopping to permit emergency vehicle to pass Pedestrians Section 483.210(T): Rights of pedestrian when no traffic signals Section 483.212(T): Fedestrian's rights when there are traffic 999 officers Section 483.214(T): Rights of blind pedestrian with white cane or dog guide; use of white canes restricted Section 483.216(T.): Crossing on right half of sidewalk Section 483.218(T) : Standing in roadway to solicit ride Section 483.220(T): Fedestrians to use left-hand side of rural highway Section 483.222(T): Stopping before driving into sidewalk from alley, driveway or building Grade Crossings Section 483.224(T): Stopping at railroad crossings upon signal of approach of train Section 483.226(T): Stop signs at dangerous railroad crossings Section 483.228(m': Busses, and trucks carrying inflammables or explosives, required to stop at rail-oad crossings Section 483.230(T): Moving heavy equipment over railroad tracks Section 483.236(T): Stopping vehicles carrying logs, poles or piling at railroad crossings ORDINANCE No. 66 20 (Traffic) Chapter.IV Page 3 Proper Position on Highway; Miscellaneous Rules of Road Section 483.302(T): Duty to drive on right half of highway Section 483.304(T): Position of vehicles on divided highway Section 483.306(T): Passing vehicles proceeding in opposite direction Section 483.308(T): When passing is permitted Section 483.310(T): Method of passing Section 483.312(T): Proper distance when following other vehicles Section 483.314(T): Passing horses or other animals Section 483.316(T): Turns at intersections Section 483.318(T): U-turns prohibited Section 483.326(T): Stopping for streetcars and busses Section 483.328(T): Driving or crossing in front of streetcars Section 483.330(T): Following fire apparatus or parking in vicinity of fire Section 483.332(T): Driving vehicle or streetcar over fire hose Section 483.334(T): Driving through or over safety zones Section 483.336(T): Coasting upon down grade Section 483.338(T): Driving through defiles; canyons, or mountain highways Parking (General Provisions) Section 483.347(T): Parking vehicle on state highway for vending purposes prohibited Section 483,350(T): Authority of municipalities to control parking on state highways Section 483.552(T) Definitions for §483.352(T) to §483.356(T) Section 483-354(T): Disabled persons may without penalty park overtime in zones where parking permitted f one hour or more; exceptions Section 483.356(T): Marking vehicle of disabled person for purposes of §483.354(T) ORDINANCE No.66 20 (Traffic) Chapter I`1 - Page 4 e _ ! Section 483.362(T): Parking vehicle on highway outside of business or residential district C. Section 483.364(T): Specific places where parking prohibited Section 483.366(T): Precautions when vehicle allowed to stand on highway or grade Equipment on Vehicles Section 483.402(T): When lights are required to be on; application of visibility and height provisions Section 483.403(T): Driving with parking lights lighted prohibited when head lights are required Sectlon 483.404(T): Head lights required; lighting equipment on bicycles Section 483.406(T): `Pail lights required Section 463.407(T): Stop lamps regAired Section 483.408(T): Rear reflectors required Section 483.430(7): Reflectors, clearance and marker lamps, and stop lights on various vehicles Section 483.412(T): Color of lamps and reflectors; when certain lamps need not be lighted SEction 483.4i4(T'>: Mounting reflectors and clearance lamps Section 483.416(T): Visibility of reflectors, clearance and marker lamps, and stop lig:.ts Section 483.418(T): Lighting required for a combination of vehicles Section 483.420(T): Lilghts required on parked vehicles Section 483,422(T): Lights required on miscellaneous vehicles Section 483.423(T): Warning lights Section 483.424(T>: Intensity and distribution requirements for head lamps Section 483.426(T): Light indicator visible to driver SEction 483.428(T): Distribution and intensity of head lights when on road and when meeting vehicle Section 483.430(7): Requirements when single distribution used Section 483.432(T): Limitations on lights at front of vehicles or equipment i ORDINANCE No.66- 20 (Traffic) Chapter IV = Page 5 �p Section 483.434(T): Spot, auxiliary driving, stop, signal, fender, running board and back-up lamps permitted Section 483.436(T): Approval of lamps by Department of Motor Vehicles Section 483.442(T): Specifications for lamps for vehicles of public Section 483.444(T): Brakes required Section 483.446(T): Horns and other sound equipment Section 483.448(T): Mufflers; unnecessary noise prohibited Section 483.450(T): Rearview mirror Section 483.452(T): Obstruction of windows indshieldwiperrequired prohibited; SEction 463.454(T): Light or flag at end of load Section 4$3.456(T): Flares and similar warnings for trucks and busses SEction 483.458(T): Fenders or covers on motor vehicles Section 483.460(T): Construction of vehicle fenders Section 483.462(T): Speedometers required on vehicles carrying passengers for hire Section 483.466(T): Approved safety glazing materials required in windows and windshields Section 483.470(T): Limitations on use of television viewers in motor vi-acles Section 483.472(2'): Binders on log loads (Minimum Clearance) Section 483.474(T): Minimum clearance from roadway for passenger motor vehicles R strictions on Useoof THighways; Weights and Sizes of it:.a^_--- Section 483.502(T): Application of size and weight provisions; violators liable for damages Section 483.504(T): Restrictions on width, height and length of vehicles Section 483.506(T): Maximum axle, wheel and gross weights for vehicles Section 483.508(T): Restrictions on number of vehicles in a combination; coupling devices ORDINANCE No.66- ?_o (Traffic) Chapter IV Fag .- s 1 3 I Section 483.510(T): Sifting or leaking loads Section 483.512(T): Sleds prohibited except with permit Section 483.514(T): Dragging objects on highway prohibited Section 483.516(T): Pneumatic tires, when required Section 483.513(T): Metal objects on tires prohibited Section 483.530(T): Carrytng permit in vehicle Section 483.532(T): Public bodies authorized to restrict use of highways { Section 483,538(T): Crowding of front seat; passenger inter- fering with driver Section 483.540(T): Carrying dog or child on external part of motor vehicle Accidents Section 483.602(T): Duties of drivers and witnesses at accidents Section 483.604(T): Driver's duties when he collides with unattended vehicle or other property Section 483.606(T): Accident reports required Section 483.612(T): Report of vehicles brought to garage or repair shop showing accident or bullet contact Section 483.614(T): Driver's duty to help animals rinplied Consent Law_ Section 483.632(T): "Police Officer" defined Section 483.634('x): Implied consent to chemical test; police report of refusal; inadmissibility of evidence of refusal Ser.tion 4830636("x): Chemical test by consent of arrested person Section 483.638(T): Chemical test at request of arrested person Section 483.640(T); Administering blood test Section 483.642(T): Use of chemical analyses to show intoxication Section 483.644(T): Manner of conducting chemical analyses; duties of State Board of Health Section 483.646(T): Reports of chemical analyses; expenses of conducting chemical tests ORDINANCE No.66- 2.0 (Traffic) Chapter IV Page 7 1 Section 483.992(T): Driving recklessly, or while under the influ- ence of liquor or drugs prohibited -- provid- ing penalty Section 483.999(T): PENALTIES: (1) Violation of the provisions of, or failure or neglect to comply with, any rule or regulation declared in Sections 483.032(T) to 483.048(T), inclusive 483.050(T) 483.104(T) to 483.140(T), inclusive 483.202(T) to 483.212(T),inclusive 483.216(T) to 483.230(T),inclusive 483.302(T) to 483.338(T), inclusive 483.362(T) to 483.366(T), inclusive 483.402(T) to 483.456(T), inclusive 483.538(T) to 483.540(T), inclusive 483.602(T) to 483,51a(`I'), inclusive shall be punishable as follows: (a) Upon conviction, by a fine of not more than $100. or by imprisonment in the county or municipal jail for not more Than 10 days. (b) Upon a second such conviction within one year after the first conviction, by a fine of not more than $200. or by imprisonment for not more than 20 days, or both. (c) Upon a third or subsequent conviction within one year after the first conviction, by a fine of not more than $500, or by imprisonment for not more than six months, or both. (2) Violation of Section 483.102(T) (Basic Rule) shall, upon conviction, be punishable by a fine of not more than $25, or by imprisonment in the county or municipal Jail for not more than 5 daya, or both; except, that any Pers-, who drives a vehicle upon a highway at 'a speed in excess of that designated for the particular district or location as set forth in §483.104(T) or by the State Highway Commission, e_° by the State Speed Control Board pursuant to §483.106 CRS or §483.108 O:IS, and who while so driving violates the Basic Rule set forth in 483.102(T) or any provision of 402 (T}(to� 483.202(T) to 483.212(T), t83.216(T) to 483.230(T), 3 483.318(T); 483.326(T), � 483.328(T) to 483.334(T), shall, upon conviction, be punished by a fine of not more than $100. or by imprisonment of not more than 10 days, or both. (3) Any violation of sub-sections (2) and (3) of Section dr 483.214(T) shall, upon conviction, be punishable as for a misde- meanor, by a fine of not more than $500. or by imprisonment in the county or municipal jail for not more than six months, or both. (4) Any violation of Sections 483.34At,r� 483.614(T)shall, upon conviction, be punishable by a fine of not more than $25• ORDINANCE No.66- 20 (Traffic) Chapter IV - Page 8 (5) Any violation of Sectiona 483.458(T) or 483.4G0(T) shall, upon conviction, be punishable by a fine of not less than $5.nor more than $100., or by imprisonment in the county or muni= cipal jail for not more than 30 days, or both. (6) Any violation of Sections 483.462(T), 483.466(T), 483.470(T)2 483.472(T) and 483.474(T) shall, upon conviction, be punishable as for a misdemeanor by a fine of not more than $500., or by imprisonment for not more than six months, or both. (7) Violation by any driver, chauffeur, or owner of any vehicle or combination of vehicles, of any of the provisions, except weight provisions, of Sections 483.502(T) to 483.530(T), in- clusive, shall, upon conviction, be punishable by a fine of not less than $10., nor more than $25., or by imprisonment in the count;; or municipal jail for not less than 5 days nor more than 10 days, except that a second conviction of a driver, chauffeur or owner of any vehicle or combination of vehicles .for the violation of any of the provisions of said sections within one year after the first conviction is punishable by a fine of not less than $25. nor more than $100., or by imprisonment in the county or municipal jail for not less than 10 days nor more than 20 days, or both. (8) Any violation of any section, provision, rule or regu- lation of this Ordinance for which a penalty is not otherwise provided, shall, upon conviction,, be punishable by a fine of not more than $100. or by imprisonment in the county or municipal jail for not more than 30 days, or both. ORDINANCE No.66- 2n (Traffic) Chapter IV -;Page .� i f{ i 1 E CHAPTER V (Chapter 484 O.R.S.) TRAFFIC OFFENSE PROCEDURES: Section 484.010(T): Definitions Section 484.020(T): Traffic offense proceedings to conform to this chapter Section 484.030(T): Jurisdiction of courts Section 484.040(T): Venue for state traffic offense Section 484.100(T): Authority of police officer to arrest or issue citation Section 484.105(T): Authority of police officer to issue citation to driver involved in accident Section 484.120(T): Taking security for appearance of arrested person Section 484.130(T): Putting up bail, driver's license or other security by defendant Section 4811.140(T): Guaranteed arrest bond certificate as security for appearance Section 484.150(T): Traffic citations must conform to certain requirements Section 484.155(T): Private person may commence action for traffic offense Section 484.160(T) Minimum requirements for summons Section 484.170(T): Minimum requirements for complaint Section 484.180(T): Delivery of summons to person cited and other parts of citation to court Section 484.190(T): When appearance by defendant mandatory; alternatives available to defendant in other cases Section 484.200(T): Effect of submitting written statement under M Section 484.190(T) Section 484.210(T): Fixing time for hearing; notice to defendant;, license suspension for failure to appear Section 484.220(T): Court may direct hearing be held in any case; penalties that may be imposed without . hearing ORDINANCE No.66 - �20 (Traffic) Chapter .V Page 1: [y t,' r. o-, section 484.230(T): Warrant for arrest Section 484.24u(T): Reports of convictions and bail forfeitures to Department of Motor Vehicles Section 484.250(T): Disposition of moneys collected by courts Section 484.260(T): Delinquent��rr in pa ing over moneys under Section 484.250(T� Section 484.310(T): Establishment of violations bureau authorized Section 484.320(T): Procedure where violations bureau established Section 484,999(T): Penalties Any person who in connection with the issuance of a citation, or the filing of a complaint, for a traffic offense as defined in sub(9) Section 484.010{1), wilfully _certifies falsely to the matters set forth therein, is punishable r upon conviction by imprisonment in Municipal Jail for not to exceed six (6) months, or by a fine not exceeding $750.00, or both. 4 f ORNINANCE No.66 - 20 Chapter V - Page 2 �3 1 t CHAPTER VI (Chapter 485 O.R.S.) SCHOOL BUSES: Section 485.010(t): Definitions Section 485.020(T): Duty to stop when school bus loading or unloading children. Section 485.030(T): School bus markings Section 485.050(T): Regulations governing school buses and drivers Section 485.999(T): Penalties Violation of any section of this chapter, upon conviction, is punishable by a fine of not more than $100.00. ORDINANCF, No. 66- 20 (Traffic) Chapter VI p Page 1 CHAPTER VII ABANDONED VEHICLES AND BICYCLES: Section 1: Taking abandoned vehicle or bicycle into custody: (a) No vehicle or bicycle shall be parked or left atanding upon the right of way of any state highway, county road or city street or other public way within the corporate limits of the City of Tigard for a period in excess of 5 days. Any vehicle or bicycle so parked or left standing may be taken into custody by the Police Departmdnt of the City of Tigard and held at the expense of the owner or person entitled to possession thereof. The Police Depart- ment of the City of Tigard may utilize its own personnel, equipment and .facilities for the removal and preservation of such vehicles, or may contract for such assistance as necessary to accomplish the removal and provide for the safekeeping of such vehicle or bicycle. (b) Any vehicle or bicycle parked or left standing upon any private property within the City of Tigard in excess of 5 days without the consent of the owner or person in lawful possession_ or control of the property, may be removed by the Police Department of the City of Tigard and held at the expense of the owner or person entitled to possession of the vehicle or bicycle in the same manner as provided in subsection (a) of this section. Section 2: Notice to owner: If a vehicle +.s removed and held by or at the direction of the Police Department of the City of Tigard under Section 1 of this Chapter, the Police Department shall forthwith provide the Depart- ment of State Police and the Sheriff. of Washington County a state- ment as to the place where the: vehicle is being held, any costs in- curred to that date in accordance with the foregoing, and any avail- able information as to the ownership of the vehicle, in accordance with Section 433.384 O.R.S.; and the Police Department of the City of Tigard shall further make all reasonable efforts to determine the names and addresses of such owners through the Department of Motor Vehicles of the State of Oregon. If the names and addresses of such owners or persons entitled to possession can be ascertained, the Police Department of the City of Tigard shall notify each of them of the location of the vehicle by registered or certified mail, addressed to the registered owner of the vehicle and the legal owner as well, at the respective latest address of each shown by the records o° the Department of Motor Vehicles, return receipt requested, postage prepaid, at least 30 days prior to sale of the vehicle as hereinafter authorized. Similar procedures shall be followed with respect to bicycles, , to the extent applicable. Section 3: Owner reclaiming vehicle or bicycle. The legal owner or person entitled to possession of a vehicle or bicycle taken into custody and held by the,Tigard Police Department under the foregoing sections of thl:e Chapter, may reclaim the same at any time after it is taken into custody, and before the same is sold, upon presentation to the Tigard Police Department of satis- factory proof of ownership or right to possession and upon payment ORDINANCE No.66- 21) (Traffic) Chapter VII Page :F of the costs and expenses incurred in the removal, preservation and custody of the vehicle or bicycle, provided however that the legal owner or person entitled to possession of a vehicle or bicycle shall not be liable for, nor required to pay, storage charges fox• a period in excess of 90 days. Section 4: Sale of vehicle or bicycle if not reclaimed - right of former owner to vehicle or bicycle. If a vehicle or bicycle is not reclaimed, pursuant to the foregoing se=ction, within 90 days after it is taken into custody, the Tigard Police Department shall sell the vehicle or bicycle at public auction in the manner provided by Section 23,450 to 23,480 Oregon REvised Statutes, except that the Tigard Police Department shall act in all respects in lieu of the Sheriff of the county as prescribed in said sections of Oregon Revised Statutes. After any vehicle or bicycle has been sold under this section, the former legal owner, owner or person entitled to possession has no further right, title, claim or interest in or to the vehicle itself. Section 5: Certificate of sale -- issuance of certificate of title and registration card for vehicles. When any vehicle or bicycle is sold under Section 4 of this Chapter, the Chief of Police of the City of Tigard at the time of payment of the purchase price, ,shall execute a certificate of sale in duplicate; the original certificate of sale shall be delivered to the purchaser and the copy shall be retain<d by the Police De- � partment of the City of Tigard. The certificate of sale shall contain the name and address of the purchaser, date of sale, the consideration paid, description of the vehicle and a stipulation that no warranty is rade as to the condition or title of the vehicle or bicycle. The purchaser of a vehicle, upon presentation of the certi- ficate of sale to the Department of Motor VEhicles and payment of the fees required by law, is entitled to be issued a certificate of title and registration card for the vehicle in the same manner as prescribed by Section 483.390 O.R.S. with respect to the sale of vehicles by county sheriffs. Section 6: Transmitting return of sale and balance of proceeds. When any vehicle is sold pursuant to the foregoing sections of this Chapter, the Chief of Police of the City of Tigard shall transmit to the Department of Motor Vehicles and to the City Treas- urer, a return of sale with respect to a vehicle, setting forth a description of the vehicle, purchase price, name and address of the purchaser, costs incurred in the sale, and costs and expenses in- curred in the removal, preservation and custody of the vehicle. Similar procedure shall be followed with respect to bicycles, to the extent applicable. The Chief of Police of Tigard shall transmit to the City Treasurer with the return of sale, the balance of proceeds of the sale after deducting the costs incurred in the sale and the costs and expenses insured in the removal, preservation and custody of ORDINANCE No-.66- 2n (Traffic) Chapter VII - Paged the vehicle or bicycle. Upon receipt of the return of sale and such proceeds, the City Treasurer shall deposit such proceeds in the general fund of theCity and file the return of sale in his office. Section 7: Claim by former owner to balance of proceeds -- disposition of unclaimed proceeds. At any time within 2 years after sale of a vehicle or bicycle, under the provisions of the foregoing sections, the former owner of "a vehl.cle or hicycl:a may recover the proceeds transmitted by the Chief of Police to the City Treasurer, by filing a claim with the City Treasurer. Tho claim shall be audited and paid as other claims against the City are audited and paid. ORDINANCE No.66- '0 (Traffic) Chapter VII Page -3 i� r a y CHAPTER VIII PARKING REGULATIONS: Section 1: It shall be unlawful to leave standing or parked, a vehicle of any kind or character upon any public street or way in the City of Tigard for the principal purpose of (a) Displaying such vehicle for sale, (b) Washing, greasing or repairing such vehicle except as may be necessitated by emergency, (c) Displaying advertising from such vehicle, (d) Storage, or as ,junkage or dead storage, for more than seventy-two (72) consecutive hours. Section 2: Whenever the owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the fire department has been summoned, he shall immediately remove such vehicle from the area unless other- wise directed by police or fire officers. Section 3: No person having control or charge of a motor vehicle shall allow it to stand on any street unattended without first fully setting its parking brakes, stopping its motor, and removing the ignition key, and, when standing upon any precip- itous grade, the front wheels of the vehicle shall be angled into the curb. Section 4: No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed In the direction of .lawful traffic movement, and with the curbside wheels of the vehicle within 18 inches of the edge of the curb, except where the street is marked or signed for angle parking Section 5: Ws..Dre parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within, a single marked space. Section 6: All parking of motor vehicles on that portion of S. W. Main Street between the intersection thereof with S. W. Burnham Avenue and the Oregon Electric Railroad right- of-way shall be parallel with the centerline of S. W. Main Street and all diagonal or tlheadlin" parking is hereby prohibited. Section 7: No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, continu- ously in excess of two (2) hours, except on Sundays and holidays, on the following public streets and highways, or portions thereof, during the hours herein specifically designated: (a) Between 8:00 a.m. and 5:00 p.m. t 1. On that portion of S. W. Highway 2 .7 on the Westerly side thereof, from the north boundary of Tax Lot 100 (Noffarber residence) to the south boundary of Tax Lot 490 (Bissett residence). ORDINANCE No.66 20 (Traffic) Chapter VIII - Page T" Parking Regulations x: f "` 2, On the Easterly side of S.W.Highway 217, from the south access driveway of Knauss Chevrolet Company appurtenant to Lot 5, Tigard. Road Gardens, Washington County, Oregon, to the south boundary of said lot. (b) Between 9:00 a.m. and 6:00 p.m. 1. On S. W. Main Street s Section 8• No person shall park a motor vehicle of any kind or character between the hours of 6:00 a.m. and 12:00 noon, on Sundays, according to Pacific Standard Time or Pacific Daylight Time as may be then in effect, on the following defined portions of public streets in the City of Tigard: 1. The Westerly side of S. W. Grant Street extending from the intersection thereof with S.W. Johnson Street to the intersection thereof with S. W. Walnut Avenue. 2. The Southerly side of S. W. McKenzie Street extending from the intersection thereof with S. W. Grant Street to the intersection thereof with r S. W. Pacific Highway (99'•x)• 5 Section 9: No person shall park or leave standing a motor vehicle of an; kind or character, whether motorized or not, and whether attended or unattended, between the hours of 8:00 a.m. and 2:00 p.m., inclusive, each day except Sundays and holidays, for a continuous period of longer than fifteen (15) minutes: 1. Within the Northeasterly half of S.W.Burnham Street from a point fifteen (15) feet Southeasterly of the intersectionof the northeasterly line of S.W.Burrham Street with the Southeasterly line of S.W.Main Street, and extending Southeasterly to a point forty-five (45) feet .from the said intersection. 1 ORDINANCE No.66- 20 (Traffic) Chaf)ter VIII`- Page 2 -� Barking Regulations a �, __.. r w�.. .•.,. n_ .... „ Section 10: No person shall at any time park or leave standing a vehicle of any kind or character, whether motorized or not, and whether attended or unattended, within the following defined portions of public streets and highways within the City of Tigard: (a) Within that _portion of the Northeasterly half of S. W. Burnham Street lying within 15 feet of the inter- section of the Northeasterly line of S.W.Burnham Street with the Southeasterly line of S. W. Main Street. (b) On tha Southeasterly aide of S.W.Main Street within 14 feet Northeasterly of the intersection thereof with S. W. Burnham Street, (c) On the Easterly side of S.W.Highway 217 within that portion of the easterly half of said highway lying South of the intersection of the southerly property line of S.W.Pacific Highway (99w) with the easterly property line of S.W.Highway 217, and north of the most southerly access driveway of Knauss Chevrolet Company appurtenant to Lot 5,Tigard Road Gardens, Washington County, Oregon. (d) Within the North one-half of right-o£-way of S.W.Pacific Highway (99w), within 120 feet Easterly of the intersection of the easterly right-of-way line of S.W.Highway 217 with the north right-of-way line of S.W.Pacific Highway (99W). (e) Within the East one-half of the right-of-way of S.W.Highway 217, within 120 feet northerly of the inter- section of the East right-of-way line of S.W.Highway 217 with the north right-of-way line of S.W.Pacific Highway (99W)• (f) Within the right-of-way of S.W.Pacific Highway (99W) along the Northwesterly line thereof, within 25 feet North- easterly of the inte,;rsection of the Northeasterly right- of-way line of S.W.MeKenzie Street vith the Northwesterly right-of-way line of S.W.Pacific Highway. - (g) Within the right-of-way of S.W.Pacific Highway (99W) along the Northwesterly line thereof, within 25 feet South- westerly of the intersection of the Southwesterly right of-way line of S.W.McKenzie Street with the No-thwesterly right-of-way line of S.W.Facific Highway. (h) Witbir. the Southee-s-erly half of S.W.Pacific High- way (99W) within 585 feet Northeasterly and 585 feet South- westerly of the intersection of the center line of S.W. MacDonald Avenue with the Southeasterly line of S.W.Pacific Highway. (i) Within the Northwesterly half of S.W.Pacific High- way (99W) within 585 feet Northeasterly and 585 feet Southwesterly of the intersection of the center line of S.W.MacDonald Avenue and the same extended, with the North- westerly line of S.W.Pacific Highway (99W). ORDINANCE No.66 - ?0 (Traffic) r,. Chapter VIII Page 3 Parking Regulations yi w, Section 11: (Section 221.340 O.R.S.) Parking ordinance violation - mode of charging defendant - notice as complaint. (1) Ir all prosecutions for violation of motor vehicle parking ordinances in the City of Tigard, it shall be sufficient to charge the defendant by an unsworn written notice if the same clearly states: a. The date, place and nature of the charge b. The time and place for defendant's appearance In court. c. The name of the arresting officer d. The license number of the vehicle. (2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. The notice shall serve as the complaint in the case. In all other respects the procedure now provided by law in such cases shall be followed. Section 12: PENALTIES: Any violation of the provisions of any section of Chapter VIII or any rule or regulation therein stated, shall, upon conviction, be punishable by a fine of not more than $100. for each violation. ORDINANCE No.66- 20 (Traffic) Chapter VIII Page 4 - Parking Regulations A } f' : CHAPTER IX ADDITIONAL PROVISIONS: Section 1: Powers of the City Council. The Council, provided, where required by the Motor Vehicle Laws of Oregon, approval of the State Highway Commission has first been obtained, may by resolution establish traffic controls which shall become effective upon the installation of appropriate signs, signals or other markings. Such traffic controls may designate and regulate: (1) The parking and standing of vehicles by: a. Classifying portions of streets upon which either parking or standing, or both, shall be pro- hibited, or prohibited during certain hours. b. Establishing the time limit for legal parking in limited parking areas. c. Designating the angle of parking if other than parallel to the curb. d. Designating city owned or leased property on which public parking will be permitted. d. Designating areas within which, or streets or portions of streets along which, parking meters will be Installed, and the denomination of coins to be used or deposited in parking meters. (2) Through streeTe and One-wav streets. (3) For trucks exceeding specified weights, streets to which they shall be restricted and streets on which they are prohibited. (4) Traffic control signals and the time of their operation. (5) Bus stops, bus stands, taxicab stands and stands for other passenger common carrier vehicles. (6) Loading Zones (7) Turn regulations at intersections (8) Marked pedestrian crosswalks and safety zones (9) Special speed regulations in city parks. Section 2: Authority of Police and Fire Officers. (1) It shall be the duty of the police department through its officers to enforce the provisions of this ordinance. (2) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police depart- ment may direct traffic as conditions may require notwithstanding the provisions of this ordinance. ORDINANCE'No.66- 20 (Traffic) Chapter IX - Page 1 Additional Provisions (3) Members of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. <. Section 3: Stop when Traffic Obstructed No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the opposite side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. Section 4: ®nlawful Marking. Except as provided by this Ordinance, it shall be unlawful for any person to letter, mark, or paint in any manner any letters, marks, or signs on any sidewalk, curb or other portion of any street, or to post anything designed or intended to prohibit or restrict parking on any street. Section 5: Use of Sidewalks: Pedestrians shall not use any roadway for travel when abutting sidewalks are available. Section 6: Permits Required for Parades. No procession or parade, except a funeral procession, the forces of the United States Armed Forces and the military forces of this state, shall occupy, march or proceed along any street except in accordance with" a permit issued by the Chief of Police. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace, cause damage cr unreasonably inter- fere with the public use of the streets, or the peaie and quiet of the inhabitants of this city. Section 7:- Funeral Procession. Vehicles in a funeral procession shall be escorted by at least one person authorized by the Chief of Police to direct traffic for such purposes and shall follow routes established by r the Chief of Police. Section 8: Drivers in Procession. Except when approaching a left turn, each driver in a funeral or other procession shall drive along the right-hand traffic lane and shall follow the vehicle ahead as closely as is practical and safe. Section 9: Driving through Procession. No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic control signals or s when so directed by a police officer.- This provision shall not apply to authorized emergency vehicles. * ORDINANCE '66 20 (Traffic) Chapter-IX - Page - Additional Provisions �o� r Section 10: THROUGH STREETS: The following streets are hereby designated Ithrough streets", and all traffic shall come to a stop before entering said streets: (a) S. W. Pacific, Highway (99W) from the Northeasterly city boundary of Tigard to the Southwesterly city boundary thereof. (b) Oregon Highway #217, from the North city boundary to the South city boundary. (c) S. W. Main Street, from the Easterly terminus thereof with S. W. Pacific Highway to the Westerly terminus thereof with S. W. Pacific Highway. (d) S. W. Greenburg Road, from S. W. Pacific Highway to the Northerly city boundary. (e) S. W. Pfaffle Road, from S. W. Pacific Highway, northerly to the city boundary. (f) S. W. Walnut Avenue, from S. W. Pacific Highway to the city boundary. Section 11: Emerging froin Vehicle. No person shall open the door of, or enter or emerge from any vehicle into the path of any approaching vehicle. Section-12: Boarding or Ali hting from Vehicles. No person shall board or r might from any vehicle while such vehicle is in motion. Section 13: Riding on Motorcycles. A person operating a motorcycle shall ride only upon the permanent and regular seat attached r_.hereto, and such operator shall not carry any other person nor shall any other person ride or, a motorcycle unless such motor- cycle is equipped to carry more than ona person. Section 14: Unlawful Ridin : No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employe engaged in the necessary discharge of a duty, or to a person or per- sons riding within truck bodies in space intended for merchandise. Section 15: Clinging to Vehicles. (1) No person riding upon any bteyele, motorcycle, coaster, roller skates, sled or any toy vehicle shall attach the same or himself to any movtnrg vehicle upon the streets. (2) No person driving any vehicle shall.;permit any of the articles listed in subsection (1) to be attached to the vehicle for the purpose of pulling along the streets. Section 16 Use of Roller Skates Restricted. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any street except to cross at a crosswalk. ;:.Section 17: Skis on Streets. No person on skis, toboggans, sleds or similar devices shall travel on any street. ORDINANCE No.56- 20 (Traffic) Chapter IX' - Paged - Additional Provisions Section 18: Trains Not to Block Streets. No person shall operate any train, or train of rai way cars, or permit the same to remain standing, so as to block the movement of traffic :upon any street for a period of time longer than 10 minutes. Section 19: Damaging Sidewalks and Curbs. (1) The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent or temporary driveway. (2) A temporary driveway may be used only after first ob- taining a written permit therefor from the City Superintendent, who may impose such requiremoQnts as are necessary to protect the public Improvements within the atreet at the temporary driveway. (3) Any person who damages or causes to be damaged any public improvement within the street by driving a vehicle upon or within any sidewalk or parkway area shall be liable for such damage regardless of whether or not the damage resulted from the author- ized use of a temporary driveway. Section 20: Obstructing Streets. Except as provided by this or any other ordinance of the city; no person shall place, park, deposit or leave upon any street or other public way, side- walk or curb, any article or thing or material which in any way prevents, interrupts, or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver's view of traffic, eonbrol signs and signals. Section 21: Removing Glass and Debris. Any party to a collision or other vehicular accident, or any other person caus- ing glass or other material or substance likely to injure any person., animal or vehicle to be upon any street in this city, shall as soon` as possible remove or cause to be removed from such street all such glass or other material or substance. Section 22: IllegCanc al ellation of Traffic Citations. It shall Ue unlawful_for any person to cancel or solicit the cancellation of any traffic citation in any manner except where approved by the municipal judge. Section 23: Effect of Ordinance. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 24: Exi&ting Traffic Si-ns. Except as the Council may by resolution or or ir..ance change the traffic control regulations in accordance with the provisions of this ordinance, all official traffic signs, signals and markers existing at the time of adoption of his ordinance shall be considered official under the provisions of this ordinance: ORDINANCE No.66_ 20 (Traffic) Chapter IX - Page 4 - Additional Provisions h r x Section 25: PENALTIES: Any violation of the provisions of any section of Chapter IX, or of any rule or regulation thereof, shall, upon conviction, be punishable by a fine of not more than $500. or by imprisonment in the county or municipal fail for not more than six (6) months, or both. _section 35. Inasmuch as the traffic and motor vehicle ordinances of the City of Tigard heretofore is effect, do not include many of the provisions of the foregoing ordinance, and it is necessary for the puce, health and safety of the people of Tigard, Oregon that such provisions beplaced incfull y is force adeclared effect with the least possible delay, a to exist, and this Ordinance shall be effective upon its passage by the City Council and approval by the Mayor. PASSER: By the Council, by unanimous vote of all members present, after being read tr-ee times by title 19 66. this lith day of April, flee rder City of Tigard APPROVED: By the Mayor, this 11th day of April, 1966. ' ayor C t i gand ORDINANCE No.66 ?0 (Traffic) Chapter IX -Page 5 Additional Provisions