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Ordinance No. 73-33 CITY OF TIGAFD, OREGON ORDINANCE NO. 73_3,3 AN ORDINANCE AMENDING AND SUPPLEMENTING Title 10, Vehicles and tt Traffic OF THE TIGARD MUNICIPAL CODE TO CONFORM THE PROVISIONS k. THEREOF WITH THE APPLICABLE SECTIONS OF CHAPTERS 481, 482., 483, 484 and 485 OF ORE004N REVISED STATUTES, FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 10.08.020, Conduct of wrecking business'. of the Tigard Municipal Code is hereby amended as follows: a• That Section 481.370 (T) of the Tigard Municipal Code is amended to conform to ORS 481.370 as amended by Section 7, Chapter 811, Oregon Laws of 1973. Section 2: That Section 10.08.030, Buying, selling, concealing, possession vehicle with altered identification-- Penalty, of the Tigard Municipal Code is hereby amended to read as follows- "10.08.030 Buying, selling, 'concealin g_ o_s_s_e_s�siionn vehicle with altered idents kation--Penalty. utt5 Section 481.990 7 CTT, buyEF91 selling, concealing or possession vehicle whose serial number or identifi- cation mark has been altered and prescribing penalty, is adopted by reference." Section 3: That Section 10..12.070 Driving while 'li'cense revoked or 'suspended,10.12-070j.Driving Niun c pal Code is hereby amended as follows: a. That subsection 482.650 .(T) of the Tigard Municipal Code is amended to conform to ORS 482.650 as amended by. Section 5, Chapter 798, Oregon Laws of 1973. Section 4: That Section 10.12.080 ' Penalties-, of the Tigard Municipal Code is hereby amended as follows: (1) a. That ORS 482..990/as amended by. Section 6, Chapter 798, Oregon Laws of 1973 is hereby adopted and en- acted as subsection 1 of Section 10.12:080 and as 482..990 ;(1) (T). b. That ORS 482.990 (2). as amended by Section 6, Chapter 798, Oregon Laws of 1973, is hereby adopted and enacted as subsection 2 of Section 10.12.080 and as 482.990 ,(2). (T). c. -That Section 482.999 (T) of the Tigard Municipal Code 3.- hereby repealed. Section 5 That Section 10.16.010' Definiti ms, of the Tigard Muni cipa o e, s here y amen e<Tas follows: a. That subsection 483..010 (T) of the Tigard Municipal Code is amended to. conform to. ORS 483,'010 as amended by Section 1, Chapter: 22.32' Oregon Lwss of 1973. 1 - o. 73 -3-3 Ordinance N -- r' � t b. That subsection 483.016 (T) of the Tigard Municipal Code is amended to. conform to ORS 483.016 as amended by Section 1, Chapter 310, Oregon Laws of 1973. c. That subsection 483.026. (T) of the Tigard Municipal Code is amended to conform to ORS 483.026 as amended by Section 2, Chapter 310, Oregon Laws of 1973. Section 6: That Section 10.16.030 Speed re ulations and traffic signals, o the Tigard Municipal Code s hereby amended as follows: a. That subsection 483.104 (T) of the 'Tigard Municipal Code is amended to conform to. QRS 483.104 as amended by Section 1, Chapter 193, Oregon Laws of 1973. ,b. That subsection 483.112 .(T.) of the Tigard Municipal Code is amended to conform to ORS 483.112 as amended by Section 1, Chapter 20.8, Oregon Laws of 1973, io n- 7: That Section 10.16.040,. Right-of-way, of the Tigard 4�G�.V1V3 �. Municipal Code is hereby amended as roilows: a. That subsection 483.208 (T) of the Tigard Municipal Code is amended to conform to ORS 483.208 as amended by Section 1, Chapter 783, Oregon Laws of 1973. Section 8: That Section 10.16.070, Proper position on highway, Miscellaneov,s rules of the road, of the Tigard Municipal Code is hereby amended as follows: a. That Section 2 :of Chapter 510, Oregon Laws of 1973 be and the same is hereby adopted and enacted as Section 483:301 (T) of the Tigard Municipal Code and violation thereof shall be punished as prescribed by. Section 3 of Chapter 510, Oregon Laws of 1973. --b. That subsection 483.304 (T) of the Tigard Municipal Code is amended to conform to. ORS 483.304 as amended by Section 4, Chapter 510,: Oregon Laws of 1973. Section 9 That Section 10.16.070, Proper position on highway— Miscellaneous rules of the road, of the Turd Municipal Code is hereby amended to add thereto a new subsection denoted 483.327. (T), ,reading as follows: 11483.327 (T): No person shall drink any alcoholic liquor in a motor vehicle when. a vehicle is upon a highway.n Section 10: That Section Proper position by hiehway-- Miscel aneoTMs rules of the road, of the Tigard Municipal Code is hereby amended to add thereto a new subsection denoted 483.329. (T)., 'reading as follows: 11483.329. (T): No person;'shall have in his possession on his person, while in a motor vehicle upon a highway, any bottle, can, or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, ,or the contents of which have been partially removed." 2 ;—Ordinance No. ?3-3-3 r i i Section 11: That Section..10.16'.070, 10.16.070 Proper position on highway-- Miscellaneous rules ofthe road�the Tigard Municipal Code is hereby amended to add thereto a new subsection denoted 483.331 (T), reading as follows: "483.331 (T): It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon any highway, any t bottle, can, or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed, unless the bottle, can, or other receptacle is kept in the trunk of the vehicle, or kept in same other area of the .vehicle not normally occupied by the driver or passengers if the 1 vehicle is not equipped with a trunk. For the purposes f of this section, a utility compartment or glove compart- ment is considered within the area occupied by the I driver and passengers. This section shall not apply to the living quarters of a camper or a motor home." Section 12:. That Section 10.16.070 Proper position on highway-- Miscellaneous rules of the road, of-the Tigard Municipal Code is hereby amended to add thereto a new subsection {� denoted 483.333 (T), reading as follows 11483.333 (T): As used in this section, "motor vehicle" does not include a motor vehicle operated by a publicly owned transit system or a motor vehicle operated by a commoncarrier and used primarily to carry passengers for hire." Section 13: That S'e'ction 10.16.080, General parking provisions, of the Tigard Municipal Code is hereby amended as follows: -a. That subsection 483.352 (T) of the Tigard Municipal Code is amended to conform to ORS 483:352 `.as amended by Section 1, Chapter 302, Oregon Laws of 1973. b. That subsection 483.354 ,(T) of the Tigard Municipal Code is amended to conform to ORS 483.354 as amended by. Section 2, Chapter. 302,, Oregon Laws of 1973. Section '14:. That Section 10.16.090, Equipment on vehicles, of the Municipal Code is hereby amended as follows: a. That Section 2 of Chapter. 274, Oregon Laws of 1973 be and the same is hereby adopted and enacted as Section 483.405 (x) of the Tigard Municipal Code,. reading as follows: 11483.405 (T):1.Every motor vehicle, trailer, semi- trailer and pole :trailer used in the State. of Oregon may be equipped with a rear mounted lighting system which will 'consist of: ' a. A green light.to be actuated when the accelerator i is depressed; i b.. A yellow light to be actuated when the motor vehi- cle is moving forward or standing and idling, but not underpower from its. engine; and c. A red light to be actuated when the motor vehicle is being braked through the use of its braking system; 3'd Ordinance No. 73-<3-3 �4� 112, The red and green lightsof a rear mounted lighting system may be illuminated simultaneously, Otfterwise, only one light of this system shall be illuminated at any one time, and either the green or yellow lighte shall be illuminated when the red lights ( are not illuminated, 113. The lights of a rear mounted lighting system shall be capable of being seen and distinguished as provided in subsection (3) of ORS 483.416, "4. On a combination of vehicles, only the lights of a rear mounted lighting system on the rearmost vehi- cle need actually be seen and distinguished as provided in subsection (3) of ORS 463.416." b. That Section l of Chapter 412,. Oregon Laws of 1973 be and the same is hereby adopted and enacted as Section 483.459 (T) of the Tigard Municipal Code, reading as follows: (AR3.4gq (T); Notwithstanding the provisions of ORS 4£'3;458; fenders are not required on any modified American-made ore-1935 vehicle, or any identifiable vintage or replica thereof which is titled as a later assembled vehicle and which is used for show and durrin9 faireweatherton well- only maintained hard-surfaced roads," c. That subsection 483.412 .(T) of the Tigard Municipal Code is amended to conform to ORS 483.412 as amended by. Section 3, Chapter 274, Oregon Laws of 1973.. d. That subsection 483.42.3 (T) of the Tigard Municipal Code is amended to conform to: ORS 483.423 as amended by Section 3, Chapter: 310, and Section 2,. Chapter 783, Oregon Laws of 1973. e,. That subsection 483.434 (T.)_ of the Tigard Municipal Code is amended to. conform to oRS 483,434 as amended by Section 4, Chapter 27.4,, Oregon Laws of 1973• f. That subsection 483.472 .(T) of the Tigard Municipal Code is amended to conform to: ORS 483.472 .as amended by Section 1, Chapter: 711, Oregon Laws of 1973. Section 15: That Section.10..16.100 Restrictions on use of highways;-Weights and size of vehicles, o e Tigard Municipal Code s hereby amended as follows: a. That subsection 483.502. .(T.) of the Tigard Municipal Code is amended to conform to. ORS 483.502 as amended by Section 1, Chapter 29.0, Oregon Laws of 1973• b.. That subsection 483.504 .(T) of the Tigard Municipal Code is amended to conform to ORS 483.504. as amended by Section 1, Chapter: 2172 Oregon Laws of 1973• r. That subsection483.506 (T) of the Tigard-Municipal Code is amended to: conform to. ORS' 83.506, as amended by Section 1, Chapter 257, Oregon Laws' of 1973. 4 Ordinance ho. 73 -33 ,u i d. That subsection 483.510 (T) of the Tigard Municipal Code is amended to conform to ORS 483.510 as amended by Section 1, Chapter 278, Oregon Laws of 1973. e. That subsection 483.518 (T) of the Tigard Municipal ( Code is amended to conform to ORS 483.518 as amended by Section 1, Chapter 123, Oregon Laws of 1973. 3 f. That subsection 483.530 (T) of the Tigard Municipal Code is amended to conform to ORS 483.530 as amended by Section 4, Chapter. 25.7, Oregon Laws of 1973. g. That subsection 483.538 (T) of th Tigard Municipal Code is amendedto conform to ORS t+83.538 as amended by Section 1, Chapter 440, Oregon Laws of 1973• Sect ion 16: That Section 10.16.130, Penalties, of the Tigard Municipal Code Is hereby amended as follows. a. That ORS 483.990 is hereby adopted and enacted as {{� -ection 483;990 (T) of the Tigard Municipal Code. b. That ORS 483.991 is hereby adopted and enacted as section 483.991 (T) of the Tigard Municipal Code. c. That .ORS 483.992 is hereby adopted and enacted as section 483.992 (T) of the Tigard Municipal Code. d. That ORS 483.993 is hereby adopted and enacted as section 463.993 (T) of the Tigard Municipal Code. e. That DRS 483.994 is hereby adopted and enacted as section 483-994 ,(,P) of the Tigard Municipal Code. f. That ORS 483.996 is hereby adopted and enacted as section 483.996. (T) of the Tigard Municipal Code. g. That ORS 483.998 is hereby adopted and enacted as section 483.998 (T) of the Tigard Municipal Code. h. That subsection 483.999 (T) of theTigard Municipal Code is amended to conform to. ORS 483.999 as amended by Section 1, Chapter 798, Oregon Laws of 1973• I. That subsection 10.16.130 (8), also referred to as subsection 483.999 (8) (T) of the Tigard Municipal Code is hereby renumbered and re-enacted as sub- section 10.16.130 (3)' and also as 483.999 .(3) (T)• Section 17: . :That Section 10-20.010 Definitions, of the Tigard Municipal Code is hereby amended as follows: a. That subsection 484..010 (T.) of the .Tigard Municipal Code is amended to conform to. ORS 484.OI0 .as amended by Section 2a, Chapter. 798, Oregon Laws of 1973• Section 18: That Section 10.20.:100 Traffic 'citations to con- .form to certain re uiremen s, 6—f—t e .Tigan is ipal Code s hereby amen a as follows: a. That subsection 484.150 .(T) of the Tigard Municipal Code is amended to: conform to ORB 484.:150 as amended by Section 2,. Chapter: 737, Oregon Laws of 1973.. 5 ordinance 110. Section I9 That Section 10,24,OIO Definitions, of the Tigard Municipa Code is hereby amended as follows; a, That subsection 485.010 (T) of the Tigard Municipal Code is amended to conform to ORS 485.01.0 as amended by Section 1, Chapter 238, Oregon haws of 1973. Section 20; That Section 10,24:.030 Markins, of the Tigard Munic1pa Code s hereby amended as follows: " a. That subsection 485.030 (T) of the Tigard Municipal Code Is amended to conform to: ORS 485.030 as amended by Section 2,. Chapter 238, Oregon Laws of 1973. Section 21;' In Title 10 of the Tigard Municipal Code, where an Oregon Revised Statute (ORS) section has been en- acted and adopted by reference, any reference within such Tigard Municipai Code section shall be construed where appropriate to read as if followed by °(T)". Section 22.:. Inasmuch as it is necessary for the peace,. health. and f two• City of Tigard that the S3f eLy Ul Llle F1eVj�le vi was: v,,. provisions of the Tigard Municipal. Code of the City. of Tigard conform to the provisions of Oregon .Laws of 1973,. immediately, an emergency is hereby declared toexist and this ordinance shall become ef- fective upon itss passage by the Council and approval by the Mayor. PASSED: by: -unanimous vote of all Council members present, after being read three. .times by number and title only, this ?4 day of November., 1973. 'dL Recordar . o P and APPROVED: By the Mayor, this % day of Novembez, 19.73. MayorJ_Clty: of igard 6 Ordinance No. 3 � f_