HomeMy WebLinkAbout3122 Amending Parking Regulations
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 10.68.400 AND 11.08 AND
REPLACING CHAPTERS 11.24, 11.289 11.329 11.34 AND 11.36 WITH NEW
CHAPTER 11.26 TO UPDATE AND UNIFY PARKING REGULATIONS
AND TO AUTHORIZE CITY COUNCIL TO ESTABLISH PARKING
VIOLATION FINES AND PENALTIES BY RESOLUTION
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined throu-gh and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, over a period of years, the City of Ashland has adopted parking ordinances in
multiple chapters of the Municipal Code, some of which now seem redundant, incongruous, or
difficult to decipher;
WHEREAS, penalties for violations of various parking-related regulations currently exist in un-
reconciled multiple chapters of the Ashland Municipal Code and penalties for one-time parking
violations are not expressly addressed in the Code;
WHEREAS, establishing parking violation penalties by ordinance restricts the flexibility of City
Council to readily modify penalties as circumstances change; and
WHEREAS, City Council has the authority to determine the amount of a presumptive fine for
each type of parking violation and the amount of enhanced penalties for multiple parking
violations and can exercise that authority in an expeditious manner by resolution.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.08 Definitions is hereby amended to revise or add provisions as set
forth below:
Section 11.08.010 Definitions - Generally
in addition to those definitions eentained in the adopted seetions of the tnotefvehiele !&A,
Oregon, the following words or phfases, except whefe the context cleafly indicates a diffef
r,o,,,;rn are defined as f6lie _ s i this chapter. Except where the context clearly indicates a
different meaning, the words and phrases in this Title 11 have the meaninl4s ascribed to
Ordinance No. Page 1 of 20
them in the following sources and, in the event of differing definitions of particular words
or phrases, in the following order of priority: (1) the motor vehicle laws of Oregon; (2) this
Section 11.08.010; or (3) common usage.
A. "Abandoned vehicle" means any vehicle that has been deserted or relinquished without
claim of ownership. A vehicle shall be considered abandoned if it has remained in the same
location for more than 72 hours and one or more of the following conditions exist:
1) The vehicle has an expired registration sticker or trip permit affixed to it;
2) The vehicle appears to be inoperative or disabled; or
3) The vehicle appears to be wrecked, partially dismantled or junked.
Seetion 11.08.080 B. "Block" means Aa segment of street bounded by consecutive cross streets
or intersecting streets or land designated as a block on any recorded subdivision map.
Not-withstan ding the above, for- purposes of Chapter- 11.24 a bloeir. shall also inelude In
addition, "block" also means the Plaza area bounded by and including, East Main Street, North
Main Street, and Winburn Way. For purposes of this definition, an alley is not a street.
C. "Block Face" means one side of a particular block, but not the opposite side.
D. "In Front of or Contiguous to" means the right of way directly in front of and on the
same side of the street of the real property of the vehicle owner or the owner's designee and
also includes 22 feet in any direction from the point where the lot line of such real property
intersects the right of way. "Contiguous to" also means in the nearest parking bay in the
right-of-way in either direction and on either side of the street from the real property of the
vehicle owner or the owner's designee.
1. "Owner's designee" means that person responsible for placement, or allowing for
or assisting in the placement of the subject vehicle.
E. "Official" or "officially" means established by the City, state, or federal government or
its designee acting to create, authorize or permit according to its lawful authority;
F. "Owner" or "owner of a vehicle" means the person listed as the owner of a vehicle in the
records of a state department of transportation.
G. "Oversized Vehicle" means any vehicle, whether motorized or non-motorized, that
exceeds 22 feet in length, or 94 inches in width or 92 inches in height. Any extension caused
by any accessory, with the exception of side view mirrors, trailer hitches or roof racks,
attached to such vehicle shall be considered part of the measured distance. As used in Title
11, the term "oversized vehicle" includes all buses, tractors, semi-trailers, motor coaches,
trailers, campers, camper-trailers, house-cars, trailer coaches, trailer houses, motor homes,
boats horse trailers, mobile homes, utility trailers, and other equipment or machinery, or
other recreational vehicles regardless of width, length or height. As used in Title 11, the
term "oversized vehicle" excludes automobiles, pickup trucks, sport utility vehicles and
passenger vans that would not exceed 92 inches in height but for aftermarket suspension
system modifications or oversized tires.
Ordinance No. Page 2 of 20
H. "ParkinIZ Violation" means violation of any parkinlz prohibition, limitation or
relZulation of the City of Ashland or the State of OretZon.
1. "Personal Vehicle" means a vehicle other than a Commercial Vehicle as defined in ORS
801.210.
J. "Rental or Leasing Company" means any person enIZaged in the business of rentinIz or
leasing motor vehicles to the public.
K. "Vehicle" means any device, or substantial component thereof , that is propelled or
powered by any means in, upon, or by which a person or property is or may be transported
upon a public highway, includinjZ trailers and campers.
SECTION 2. Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 are hereby repealed in their entirety
as shown below in order to be replaced and restated in a consolidated, revised version in new
Chapter 11.26 set forth in Section 3 hereunder:
Chapter 11.24
SECTION 1 1 'f it n1 n Method of parking
A. No per-son shall stand or par-h. a vehiele in a stFeet other- than paFalle! with the edge of the
and with the eurbsidee
> movement, headed in the direetion of !awful traffie
wheels of the vehiele within twelve (12) inehes of the edge of the eurb, exeept where the
street is marked or- signed for angle parking.
no person shall stand or park a
B. street,
vehiele other- than at the indicated dir-eetion and within a single Marked spaee, unless the
size or shape of the vehiele makes eomplianee impossible.
C. if the owner- or- dr-iver of a vehiele diseover-s that the vehiele is parked immediately in
front of or elu to n building to which the fire dep rtment has been summoned he sh ll
immediate!), remove the vehiele from the area unless otheywise direeted by poliee or fire
o • • .
SECTION 11.24.015 Vehicle Defined
As used in the Ashland Munieipal Code, the term vehiele shall inelude the terms tr-ailer and
SECTION 1 1 241 020 Prohibited parkin
in addition to the provisions of the motor vehiele !aws of Oregon prohibiting parking, no
person shall park-
A. a street tunnel in this City, unless marked or indieated oth . and I
R A ehiele in an alley A eept to load and unload pers Aria or maters is not to exeee
twenty (20) eonseeutive minutes in any two (2) houir period-;
C A eh•ele ■ pon " street for the prirneinnl purpose of•
1. Z displaying the vehicle for sale;
sale.
Ordinance No. Page 3 of 20
• > >
or-
emer-geney;
3. Sells ne chandisn from the yehinle except i an established mar-lied place o
when authorized or line ed under the or illa11ee of this City;
D. A vehiele upon any parkway exeept where IIJ authorized-;
E. A vehiele upon private pr-opertywithout the consent of the owner in eharge
of the prilvate pr-opert~-,
■ ■
F. A ve
-1-rr Il Nnn marked o/ TT by yellow paint upon the street n Vl N NVla the
upon the
t` street
eurb, sign, (Ord. 1557 , 1
C. path. A vehiele or any part thereof upon a sidewalk or bieyele • 1971 1
H. Or stand or stop a truelr. or bus on a publie street or- in a publie parking area with its
if C~ nH engine emits exhaust fumes into the un1NVehieln engines shall.
pH-. N HH1Ha', 1l v b
l'rdoII~wieCT1loading and unloading passengers oVTZiereh`I1'`ion This
subsen+ion a shall not apply +v. 1. An e - " iing for less than five minutes.
7. A ehi l in the moving + ffin lane waiting to move ♦♦lo flaV of +raffin
with ll the normal in..w of
3. An engine needed to operate equipment used to load or unload mer-ehandise~i
4.1 ueks under 12,000 GIVW and buses n nnrNC iHrr nnHae y of fifteen
passengers or- less, o
5. Emer-geney > utility > >
- . es of which must run to perform needed work.
SECTION 1 1 .74.020 Use of loading zone
or park a vehiele for an), purpose or length of time other than
stop, No person shall stand, materials,
for the expeditious unloading and delive", or- piekup and loading of freight, passe - plaee designated as a loading zone during the hours when the prolvisions
appheable to loading zones are in effeet. in no case shall the stop for loading and unloadin
of passengers and personal baggage exeeed five (5) minutes, nor the loading or- unloading o
ma erials evened fifteen (15) minuted
SECTION 1 1•'1 uu4 non Use of passenger l`ea' ing
u wil i,
or park a vehiele for any purpose or length of time other than
stop, No person shall stand,
for the expeditious loading or unloading of passengers in a plaee designated as a passenge
loading zone during the hours when the provisions applicable to passenger- loading zones aire
affect
TTI-L11~r
SECTION 11.24.050 Buses Taxieabs Genendly
The driver of a bus or- taxicab shall not stand or park the vehiele upon a street in a business respeetively, exeept that this
stand,
K . ;ion shall not prevent the driver of a taxieab from temporarily stopping for the purpos
of and while aetually engaged in the loading or unloading of passengers.
SECTION 11 74 060 R ono Tavinabs lest ii a stand use
stop, No person shall stand, stand,
or park avehiele other than a bus in a bus stand or other than -a exeept that the driver of a passenger vehiele may temporarily stop
for the pur-pose of and while aetually engaged in loading or unloading passengers when the
Ordinance No. Page 4 of 20
stopping does not interfere with a hus or- taxieab waiting to enter- or about to enter the zone.
SECTION 11 241 070 Moving `)el'i`de
if a vehiele is moved and re parkedwithin the same block, as defined by AMC 11.08.080, the
time period shall eontinue to run.
SECTION 11.24.090 Exemption
The p i i )f Chapters 11.24 and 11.28 regulating the parking or- standing of vehieles
shall not apply to a vehiele of a State Ageney, City department or- publie utility neeessari4y
use for- eo tmetion orT ra .l+ wk, or- to n i ehieln with sl Cnoninl hermit for. Deli e",
transportation, Maintenanee or Construetion or to a vehiele owned by the United States while in use for- the
or- delivevy of the United States mail.
eolleetion,
A. Leading and unloading oir~ shall be permitted as n~~lUt in the of •deU 1 the Ashland
Alunieipal Code
B. A SpeeialPermit may be granted lTo Cite Ad minis trato ror designee rr,lroH
substantial evidenee is submitted that demonstrates that an exemption from the two
or four hour time limits for par-king is neeessa", based on the size or eomplexity of a
defive", or for- the safe and eonvenient plaeement of 7
1 projeet or- job site.
The Cpeeial Permit must be prominently di spIula,<e.d in the ♦Vlll~.l li while ehiel r lred in the
displayed i11 the u lJ pa ll
restrieted par-king area. Vehieles displaying the Special Permit shall be exempt from
the pir-ovisions of Section 11.24 and 11.28 eoneerning tWo or- four hour parkin
limitations, .1 b but m st abide by other traffic and par-king regulLltionC7 nlud n/T
b
loading zone parking time limits.
Ti r1laneed Penalties. Appeals
CTi CTMN 1 1.^~~ 1nn Collections; ~_rt._,»_„
~I:TVV-vrr-l4Y
The eip dg ''anted par king enforeomont provider- ioJ authorized to
r'~Y "b hiLrlllllVl tla
assign any and all unpaid parking violations to a eolleeti or- agenetes for- eolleetion
of the penalty provided for sueh violations. The penalties for- par-kingviolati - . ovided
in the Ashland Munieipal Code shall be enhaneed in eaeh case when the defendant fails to
appear- or post bail within the time required by the eitation as foliows:
A When the `lefA11l`Il't fails t appear- or post bail r ~itl.ir. ten (10) days of the ` ue date
r ~ J
thereof, the penalty s all inerease by Ten Dollars ($10.00).
B. When the defendant fails to appear- or post bail within thirty (30) days of the due date
thereof, the penalty shall lnereasn by Thirty Dollars (S30.00),
C. When the defendant fails to appear or- post bail within fifty (50) days of the due date
thereof-, the penalty shall inerease by Fifty Dollars (S50.00),
A defendantwho fails to appear or- post bailwithin the time required by the parking eitation
par-king violation or- penalty enhaneement previousi, i K 1. Any fines or- penalt~
enhaneements that have not been paid to the eontraeted parking enforeement provideli, shall.
be deemed a debt owed by the defendant to the eity. Any person that eontinues to owe Money
to the eity foir more than 50 days under- the provisions of this ehapter may be submitted to a
Ordinance No. Page 5 of 20
code, other- remedy provided in this immobilization, ineluding > a de
judgment may be taken by the Court folio-wing any failure to appear- or- penalty enhaneement.
and the matter referred to n nollnnti~n s~tror+n~X Enhaneed [non eumulativel Penalty MIrms1r.W.M.W. M17
Rbifim
1 20 DAYS Tieket eost plus $10,00
21 Gn DAYS Tieket nn°t plus $30,00
51 or more-d*y-s Tieket eost plus $50-.40
This table does -not eiuue the multiple tieket rpenalties under A44C 11.28.110,
sureharges or other fees authorized under- this ehapter,
Chapter 11.28
RESTRICTED PARKING AREAS
SECTION 11.28.010 Par-king time lintits
Par-king time limits shall be establishAeUl b -.1-r-afffie regulations pr-omulgated and published by
the City Administrator as authorized in seetion 11.12.020,
SECTION 11.28.020 Tire Markings
No person shall obliterate or eoneeal any marking by a poliee offieer-, eode eomplianee oF
par-king offieer- of the tire of a vehiele for- the purpose of pr-eventing the poliee offieer, eode
Irking f .er- f-Fom determining the length f time that s id ` e role has l~nnn
n"m linnnn r b a
par-lied. Tire markings is a Class A7 violation.
fours
SECTION 11 28. Effeetiye hours
v0~ v50 ~ rrrrccm -
The parking regulations deser-ibed in Seetion 11.28.060 are in effeet hetween the hours o
8:30 a.m. and S!30 p.m. eve", day exeept Sundays and other- legal holidays.
SECTION 11 28 060 City Darlring Lot
Par-king in the parking lot owned by the City immediately adjacent to the publie fibbra",~
whieh is on the southwest eor-ner of Gresham Street and East MaiD Street, is limited to tWo
hoursw
SECTION 11.28.070 Par-king on one side
Vehiele par-king prohibit' ie side only, as defined and provided by Chapter- • ,
shall be imposed on the folio-wing streets.!
East side of Mlightman Street from Siskiyou to Mlebster; west side of Bridge, Mountain,
Ave", and C ar-field, from Siskiyou to lowa; west side of Palm from end of existing time limit
par-king near- Siskiyou to lowa; west side of Glenwood Drive from Pleasant to Ashland Street;
west side of Elkader- &om Fem to Ashland Streets; and the south side of Lee Street.
Exeept wher-e, by appropriate signs or marking as provided for- in Chapter 11.24, th
restr-ietions are designated othemist-
SECTIO T 1 1 .78.075 p"" lying on both sides
Vehiele parking prohibitions on both sides of the street, as defined and pr-ovided by Chapte
11• .
Ordinance No. Page 6 of 20
A. East Main Street between Lithia Way and the Southern Paeffie Railway right of way;
HAHIY
B. Wi h Way from the bandshell to the ■ pp d 1 Y
ni ua,ii vuu•
Exeept wher-e, by appr-opriat i - mar-king as provided for- in Chapter- 11.24, the
r estrietions are designated othermise.
S CT-W T 11.74.040 Parking Violation Prohibitio n
A par-king violation is a violation of any par-king prohibition, limitation or- regulation of the
City of Ashland. A vehiele parked in violation of this ehapter shall have a notiee of N,folation
attaehed to the vehicle and the owner or operator- of the vehicle shall be subject to the
penalties provided in Section 1.08-020 and this ehapter, and may be subjeet to the
3vi 'a I at
T A--, - ot suffer any disability or legal disadvantage based upon eonvietion of
er-imei
SECTION 1 1 .78.090 Viol tion Responsibility
shall, in the trial of any alleged violation of this ehapter-, the registered owner of the vehiele so
presumption > defendant.
be rebuttable by the SECT-!ON 11.78.100 Par-king hours SeetiAH 11.78.0
The parking regulation deser-ibed in Seetion 11.28.070 is effective between the hours of 8200
a.m. and 4E30 p.m. every day exeept Sundays and cither legal holidays.
0'75
SECTION 11.2874 1~ ~v05 Par-king hourrs Seetion 11 ?4.., ,
-rv' ~ cccrv
The parldng regulations deser-ibed in Seetion 11.28.075 shall be in effeet 24 hours per- ,
seven 'lams per- wee
11.28.110 Penalties for- parking violations; immobilization, towing, show eaus
and war-r-ants
A. Fine. Fines shall inelude the original tielieted amount as well as any enhaneed
penalties. in addition, a person who eommits three or- four pairkingviolations
ealendar year shall pay an additional fine of $25, and a per-son who eommits five o
more parkingviolations in any calendar- year- shall pay an additional fine of S50 fo
eaeh par-kingviolation they that year,
Multiple Violation X
wra-i i 1 ~
i
T!N,. 0 1. a fie - HS
4 violations S25,00
r
1 AN 1YfArA t11AlAtlAHS $50.00 for each viot do
*This authorized under this chapter
B. immobilizer (boot) installation and /or- Towing,
When a driver, registered owner, or . . 0harge of a motor-vehiele has eithe
(4) five or- more outstanding unpaid City of Ashland parking violations on any
Ordinance No. Page 7 of 20
number- of motor h' In , or- (2) City of Ashland par-king violation, l of afty
violations, Q`'~CC 11J
number- CiVTHis, with total unpaid ball C that exeeeCl . 0,
regardless of he number- of motoir vehicles invoked, then any police or- par-Mn
the City i
enf=VTeement offic , or- aura Htrnntna pnr 1r;ng a fornnment pr-oyider of the is
z"Tlhorized, directed and empowered to immobilize such `I motor vehicle o.•
h'cles fo it pore a pub-lie street or nit y off street par- Jing lot by lllv•-a•.aa.ab v..
installing off
1VC Il
immobilization, or attaehing to the motor vehiele a deviee designed to restriet the nor-Mal.
afte
movement of thevehiele. in the alternative, or- in addition to
/~i
A
24 hours has led, any police or par-king enforcement officer oN coHtr (1I•ted
par-king enforeement provider of the City is authorized, directed and empowered
towed, to order- such vehicle City' City or the 1
as-
appli
(2) For purposes of this seetion, bail or- fine shall be outstanding on a citation when
the citation is issued and shall remain outstanding until the bail is posted or the
fine is paid.
(3) Ten days before immobilizing or- towing a vehiele aecording to the provisions o
this seetion, the City, or- the City'
requested, K ider- shall plaee a notice on the vehiele or- mail a notiee by certified mail~
to the registered owner of such vehiele as shown by th
return receipt
reeor-ds of the Oregon Motor Vehieles Division notilying the owneir that the motol.r
vehiele or vehieles may be immobilized and/or towed ten days after- the date o
mailing the notice herein for- failure to pay outstanding par-king bail or fines,
(4) if thevehiele is so immobilized, the personwho installs or attflehes the deviee shall.
advising the VTIIGT "er r!, p~ person TI of the ve~11ele that it has been..
C"iiC:d TITe1~I 'GTJ V'-GI1RT charge ~VT-Tlli%--G II1 C.It. it has ..immobilized pursuant to this section and that release of the vehiele may be
obtained upon full payment of the outstanding balanee owed to the eontraeted
parking enforcement se ider, The notiee shall also speeily that th
chicle is subjeet to tow:J
(5) in the event the vehiele is /r l towed, the per-son who oirder-s the tow, shall send-by
eertlfied mail return receipt requested, a Hntlen advising the_regiJl~l stered owner-of
--~t-e -
the l' • le that it h been towed 1 ' n to this et; and _ti,iIC t 1<a1C. LIJ< Vl C f t1.
11 C.
h'ele may be obtained ■Ipon receipt by the toA my of full payment of
the outstanding b la1ce owed
(6) A vehiele towed and imt ur-suant to this seetion shall be held at the
expense of the owner or- person entitled to possession of the vehiele. Personn
or the eontraeted par-king enforcement senice pr-ovider may be used foir the
remoy l and storage of the vehicle
Ia IC.1tr
C. Letter, Waming Show Cause, and Warrants.
(1) Warning Letter. The Ashland Municipal Court may choose to send a
J1HR
letter h y first elass mall informi g the defendant they have outstanding par-!
11 C1 ♦ r b b
tickets and that their- attenda essary at a preliminary hearing be
how eause or-der andwarrant.-
Ordinance No. Page 8 of 20
(2) Show Cause. The Ashland Almikipal Court ' . an order- that requires th
fellda not be he
defendant to appear and show cause why the defendant should
contempt of eourt, ineludming eontempt for- failure to appear- as ordered or- failur-
to eomply. The show cause order- shall be mailed to the defendant by eer-tifi
ail' return ne•pt r ested' n I LV the appearance wh~ o leas than ten days prior to the ` a4,
, su'eh as
alter-natively ef! iee may be mad any--other r@eognize lc mTS[in`1v
personal wding to the same timefr-ame.
(3) Mlar-rant. if the defendant is sen,ed and fails to appear at the time speeiffied i1n.
~nr
tthe show se oMer, then t may issue an arrest warrant for the defendant
the purpose of bringing the defendant before the court.
SECTION 11.28.120 Par-king Fine Sur-ehar-ge
There shall be a surehar-ge of four- dollars (S4.00) on all parking eitations issued within the
City of Ashland. All revenues reeeived shall be segregated and used only for meeting debt
ser ]Fe-on bonds issuett~ for- parking improvements, leases' and/orf ture par-king
studies.-
Chapter 11.32
ABANDONED VEHICLES
SECTIONs:
SEC''TMN 1 1 27.n21 n Definitions
Definitions
A. "Abandoned » means any vehiele that has been deserted or- relinquished withou
elaim of ownership. A vehiele shall be eonsidered abandoned if it h . ad in the
same loeattion for more than 72 hours and one or more of the following eonditions exist:
1) The ehinle has an n pired registration JLint er VI permit affixed to it.
II tlt.ilt.l ■ trip ~
•ele appears to be inoperative nr disabled; or-
3) 2) The Z.IIJH VIL.U'
"Chief of » means the person holding the position of ehief of poliee of the Ashland
poliee department, or any agent, employee, or- designee authorized to perform the duties
of this ehapter- by the ehief of poliee.
"Dis or part thereof vehiele means any vehiele f wh1eh is in Vonllt e or- more o Vl f the
C. 1T Lllt
1 \ Inoperative;
2) Wreek-pd- -1
3) Dismantled;
4) Partially dismantled;
5) junked-.
Disenirded vehieles may be deemed to inelude major- parts of vehieles ineluding but no
limited to bodies, engines, transmissions and r-ear ends.
GG "
or by whieh any per-son or property is or may be
• Vehiele means eve", deviee in, upon,
transported or drawn upon any street or 7 and ineludes an), hulk or eomponent.
thereof.
SECTION 11.27:~cv~mn Dc er1urzrc trl'e Nr'sane'
~..ozn r of ~r puiohzra. T n
rszsil'cc
Ordinance No. Page 9 of 20
property, The open meumulation and storage of aband-oned or- discarded Vehieles are her-eby found to
er-eate a eondition tending to r-eduee the value of private blight,
to promote unsightliness, deterioration and hazards, to ereate fire ereating a hazard to the health and safety of minors, to er-eate a harborage for rodents and
inseets and to b to the health, sa", and general welfare. Therefore, the presence
of an abandoned or- disear-ded vehiele on private or- publie property is hereby deelaired to
ehapte,
A etin"
SECTION 1 1.32.030 030 Prohibited rcTrv~I
it is ,j--'to par-li 4r^riro~prcccrr1 7 leave,
or permit the par-king or storing of an abandoned Or
disear-ded vehiele upon any publie or- private pr-operb,within the eity for a period of time in
exeess of seventy two (72) hours unless the vehiele is (1) eompletely enelosed within
building; or (2) stored in eonneetion with a business enterprise allowing outdoor- storage and
!awfully liAeHCed by the rI L, itl,
.
CTi CTION 11.32.040 Pet d4y
Violation of this ehapter is a Class Hviolation, punishable in aeeor-danee with AMC .
SECTION 1 1 2') ncn Totiee and T`al1'ing of Abandoned Alehinl_es
if the owner of the > private pr-operty > or lessee of property upon whieh th
vehicle is loeated is not removed after- notiee is pr-ovided as required in OR 819.170, then
the vehicle shall be towed and disposed of in aeeordanee with ORS 819.110 thirough ORS
or `aff1eer to the
819.~ 270. The Ch Gof of U l~r may `l •gHetG e employee, ageHt, ~L perform <11 <
'r L~If duties required under this ehapter- and the appheable of state !a
Chapt r-11.Zi
STORED VEHICLES
SECTIONsi
SECT-!ON 1 1 241 n1 n Purpose
whether the City has a fee, easement, or other legal interest in the right of way. The use of
the City's right of way is generally prohibited pursuant to AMC 13.02.040, whieh states that.
GG
of the eity." The purpose of this ehapter is to regulate par-king on the City' s right of way to
prevent the right of way firom being used to store personal vehicles and oversized vehicles,
ineluding reereational vehieles. Oversized vehieles should be stored at outdoor and indoo
storage faeilities propeirly zoned and permitted for sueh storage use, and not in publie right.
9 :
SECTION 1 1 241 020 Definitions
v-s~-"in front of or eontiguous to the vehiele > s dwelling" For purposes of this ordinane
GGo 1 means the right of ay dir-eeth, in front of and on the came O1`le of the street as
and the
the ommer' s dwelling and between the lot lines of the property on which the dwelling is
Ordinance No. Page 10 of 20
loented. For- purposes of this or-dinanee c"eontiguous to" means touehing either one of the
owner-I s lot lines on the same side of the street at the point ",here the lot line interseets the
right of way and extending away from the lot line in either- dir-eetion in the right of way no
more than 22 feet. For- purposes of this ordinance "eontiguous to" also means in the nearest
par-king bay in the right of way in either direetion and on either side of the street from the
vehiel- owner' s rosidenee.
GG_VrersizCtt~vehielL : Q 7 Ct vehiele is any ehiele j whether- motorized or "A"
Any
motorized, length, that exeeeds 22 feet in height. or 94 inehes in width or 92 inehes in
7
.
buses, Oversized vehieles shall also inelude all trailers, tr-aetors, semi motor 7 trailers,
trailers, -s, eamper- 7 house ear-s, tr-ailer- 7 > motor > boats
hIn7 se mobile 1,AmA
r-eeireational vehieles regardless ofwidth, length or height. Automobiles, piekup 7
utility vehieles and passenger vans that are over 92 inehes in height will not be eonsider-ed
. zed vehieles when they exeeed the height limit solely due to the modifleation of the
suspension system or- the addition of over-sized tires.
G"Personal
motorized vehieles that are o-Aned and used by households for per-sona
station wagons, passenger vans, eargo
automobiles,
vans, trucks, pickup jeeps, motoireyeles, and similar veh
cT prohih•tA/Y
SECTION 1 z1.~ 2~.o~ vStored n3n crso~ A Arrzal vcri h•icirro wino1AS
~--~-~^-r--r-~ -l-cccr
It is unlawful for any per-son to par-k or- store any personal vehiele on any publie right of
way:
A For more than seventy two (72) hours and
B. in a manneir that results in the meumulation of debris around or under- the vehiele or- in
in A~udina flat tires.. jor1
a eonditioll that prevents it from he1n`T driven, irua tires; ~.a 4
For more than seventy two hours, and
A The personal vehiele is being used primairfly as a eontainer for- the storage of personal.
items in or on the ■ chicle it shall eonstitute prima faeie evidenee of storage of a vehicle if the vehiele meets the
E.
criteria paragraphs A & $o Any vehiele par-fired on the right of way
within the City in violation of this seetion may be treated as an abandoned vehiel-e
pursuant to AMC 11.32 or abated pur-suant to AAIC 2.34. Violation of AMC 11.34.030
SECTION 1.3't,V nn Stored \%Ct ltAA
(l~~ n7 ~ C7Z'~-i'-~~veT-717-GrsizeA Q-,~ VehIele CiiiCiGv ~ Yrohlha ■
it is unlawful for any nllrso-n to park or sto He any /vas a v ■ ■ver-sized Vehlele on n any nublie right of
as ll ~JUNllt 11~,11a
way exeept as pr-ovided in this ehapter. it shall eonstitute prima faeie evidenee of storage of
a Over-sized Vehiele if the Oversized Vehiele is notwithin the exeeption in AMC 11.34.050.
Any Oveirsized Vehiele pairked on the right of way within the City in violation of this seetion
may be treated as an abandoned vehiele pursuant to AMC 11.32 or- abated pursuant to AMC
2.31. Viol tio1 of AMC 1 1 .3 .0 0 [Stored Over-sized Ve-lhi-aieelecJ-iProhibitedj is u Class H
yiolotinn
~f
Ordinance No. Page 11 of 20
SECTION 1 1 2 1 050 r' xeeptions f"1• Over-sized Vehieles
An Over-sized vehiele may be legally parked on the publie right of way in front of o
eontiguous to the vehiele owner-2 s dwelling, provided it meets all of the folio-wing er-it
hours;
A. is not pairked for more than seventy two (72) B Thes not n °t•tlate n haz rd to traf ie on the pubic streets--,-
paa~al•ul.iaiL A •
C. Does of rA + t vision of motorists on the Y street,
D. Does not obstruet view from any other- property-,
E Has a e rreHt,v valid fiAen t1r rn-. trAtien•
F. Is operable, ineluding adequate tir-es; and
T tt`aehed t o ehiel • f required for movement of f th A<]nrC~lrlnd . `>e~11e~A
- LI1L .~i~.~..
G. E a1 C
To comply with the seventy two (72) hour time restr-ietion, a d vehiele must be
moved more than one hundred (100) feet from the parked loeation inwhieh the seventy two
(72) hour- time period has expired.
ru A PTE 11.36
1AMOUNDING VEHICLES
11.36.010 impounding of vehiel
notiee and taken to a garage, par-king lot, or other suitable storage plaee and there kept
until an appheation for- its redemption is made by the ow"er or- an authorized agent. A
nhinle may be removed whem
or tiraffie lane where parking is limited oir prohibited to designated elasses of vehieles o.r
. is of time, or at anytime when the vehiele interferes with the intended `
spaee, zone, or- tr-affie f
B. The vehiele . . session of a person taken into eustody by a poliee offieer- an
other reasonable disposition of the vehiele was
1
C. A poliee offieer reasonably believes the vehiele operatoir does not possess a valid
operator's fieense and either-
LILIILI
1 . is driy ng uninsured; AN
2 • Has failed to transfer- title of the 1 r-egisteir the 1 or ear-ff a valid registration
ea 11•
A The vehiele was operated by a per-son under- the influence of intoxicants in violation o
nnc 813.010.
A vehicle impounded pursuant to this seetion shall be held at the expense of the owner o.r-
person entitled to possession of the vehiele. Personnel, equipment and faeffities of the-eity
11.36.015 pest impound Netie
owner, After avehiele has been impounded pursuant to seetion 11.36.010 flotiee shall be provided
to the registeired A The loe ation of the ye ieke•
R. That a lien h in thevehiele in favor of the person who towed and is storing
Ordinance No. Page 12 of 20
C. That the 0. That a hearing on the validity of the impound may be vehicle au at public auction to satisfy the lien; and if irequested within fiv-e
calend r. days of receipt of notice her the owner__
11.36.020 Redemption
A vehicle which has been impounded under- this ehapter may be released to the registered-
(lmmer or legal owneN if different, or to the person opera ng the \rehiele at the time of
A The owner or- dAver- of the vehiele has paid all of the aeer-ued towing and storage eosts
l~ • ,
unnle 7s V411 nice ordered by the hearings officer-; and
R The police Department has released its hol.l if anfr on the yehiere_
, any, zrrcc.
11.36.030 Sale
A. if the vehiele is not redeemed within thir-ty (30) days, then it shall be sold in aeeor-dance
with the applicable provisions l.elating to the sale of abandoned veIiI~.I~+J, h1eles• mr
BD ~ ^Vok the vey V l
B. T~ `Cow co took into eustVd`r7 it shall have n lien on the ■rehiele fo the
just and reasonable towing and storage ehar-ges, may retain possession of the vehiele until.
the ehar-ges are paid, and may have the vehiele sold at publie auetion to satisA, the lien. The
11 ilvith OR
lien that attaehes to the vehiele shall be a possessory ehattel lien in-ae-e-Mr-d-MaW 11 ---S
87.142 and shall be foreclosed in the manner provided in ORS 87.152 to 87.212. if the
appraised value of the vehiele is S750 or- less, the vehiele shall be disposed of in the manne
. led t~
prate`l in ORS 819.220-.
11 26 040 uearintf
A. The owner must irequest a hearing within five ealendar days after- r-eeeipt of the no
deseribbed in seetion 11.36.015. The request may be mad i person o in writting to the
Chief of Poliee. Failure to make a timely request for- a heating shall eonstitute awaive
lZ Hearing Procedures
1. When timely request for- a hearing is made, a hearing shall be held before a hear-ings
of~l
• ,
and Sundays. The hearing can be set for a later date i
holidays, exe-luding Saturdays,
owner- or- per-son entitled to possession so requests.
j. At the earing, II tha owner- may contest the validity of th ~ -
V IIII IJV Ull ll.
4. The eity shall have the burden of proving by a preponder-anee the validi", of the
C. Dcedsi of the Hearings Officer, if the hearings officer finds Iuul.
1. Enter impound of ■■tChhe yehiele was proper-, the hearings offieer- shall;
an or- {J ll/1
'ZIIC~TCtC+i- supporting • -the removal; and
b. Find that the Owner or- per-son entitled to p s liable for any towing and storage-
clear-des resulting from the impound-.
.
a ■ ■rder the eh'ele released to the owner or person entitled to possession•
b. Ti roil that the Owner oI' person entitled to possession is not liable for any tol.lli vi
Ordinance No. Page 13 of 20
storage charges r exulting from the imponand. and
uaau~ uaa
der the eity to s afis f , the towing and storage lien
u~a. al{. aa•
3. The deeision of the hearings offieer- is zuiua.
A Failure to Appear at the Hear-ing. if the per-son requesting the hearing does not appea
at the seheduled hearing, the hearings offieer- may enter an or-der supporting the impound
and assessment of to wing and storage sa~'sts
VJaJ•
SECTION 3. New Chapter 11.26 as set forth below is hereby enacted as a replacement for
repealed Chapters 11.24, 11.28, 11.32, 11.34 and 11.36:
11.26. 010 Application of State law
The requirements in this Chapter 11.26 are to be applied in conformance with ORS
221.275, ORS 221.277, ORS 221.285-287, and ORS 221.333, which are incorporated herein
by reference.
11.26.020 Prohibitions
In addition to the parking prohibitions in the motor vehicle laws of Oregon, no person
shall:
(1) Except where the street is marked or where officially indicated otherwise, 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 12
inches of the edge of the curb or, if no curb, as close as possible to the edge of the shoulder;
(2) Park on a street or in a City parking lot in a manner or at a time prohibited by official
signs;
(3) Park on a street or in a City parking facility longer than the time specified by applicable
official parking signs:
(a) The period of time so specified shall begin when the vehicle is parked in a
particular limited time zone on a particular block face; and
(b) The period shall be terminated when the vehicle is moved and parked on a
different block face, at which time a new period shall begin as stated in (a);
(4) Park so as not to be entirely within the painted lines of a single parking space;
(5) Park within an area marked off by traffic markers or by painted curb or pavement;
(6) Park within 10 feet of a fire hydrant or within 30 feet of a fire station;
(7) Park in a street intersection, including the area used for crosswalks, or upon a sidewalk,
or upon a bicycle path;
(8) Park upon a bridge, viaduct, or other elevated structure used as a street, or within a
street tunnel, or upon any parkway, unless marked or indicated by official signage
otherwise;
(9) Park across or within the entrance to an alley or driveway;
(10) Park in an alley, except to load and unload persons or materials for not longer than 20
consecutive minutes in any 2 hour period;
(11) Park in an unimproved portion of the front setback of any structure in any residential
zoned district;
(12) Park on any public right-of-way with expired vehicle registration;
(13) Park on any public right of way with the principal purpose of:
(a) Displaying the vehicle for sale;
Ordinance No. Page 14 of 20
(b) Washing, greasing, or repairing the vehicle, except repairs necessitated by an
emergency; or
(c) Selling merchandise from the vehicle, except in an established marked place or
when so authorized or licensed under the ordinances of this City; or
(14) Park, stand or stop a truck or bus on a public street or in a public parking area with
its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be
turned off when loading and unloading passengers or merchandise. This subsection shall
not apply to:
(a) An engine running for less than five minutes;
(b) A vehicle in the moving traffic lane waiting to move with the normal flow of
traffic;
(c) An engine needed to operate equipment used to load or unload merchandise; or
(d) Emergency vehicles, utility company vehicles, or any construction and
maintenance vehicles which have engines that must run to perform needed work.
11.26.030 Exceptions to Prohibitions
Notwithstanding prohibitions stated in Section 11.26.020, parking prohibitions do not
apply:
(1) On days or in areas City Council has designated by resolution as exempt from posted
parking time limits;
(2) To official City, state or federal vehicles necessarily in use for construction or repair
work, or to a vehicle with a Special Permit for Delivery, Maintenance or Construction or to
federal or private vehicles primarily used for the collection, transportation, or delivery of
mail and parcels;
(3) To vehicles used in official public improvement projects in accordance with the terms
of a public contract or official permit.
11.26. 040 Obstructing Enforcement
(1) No person shall erase, remove or otherwise conceal any mark made on a motor vehicle
tire by a person acting within authorization by the City to enforce any provisions of
Chapter 11.26.
(2) No person shall discard, mutilate, or destroy any summons or complaint or citation
formally issued for violation of any provisions of Chapter 11.26, if the matter complained
of has not been finally resolved by the court having jurisdiction over the summons or
complaint.
11.26.050 Abandoned Vehicles
(1) It is unlawful to park, store, leave, or permit the parking or storing of an abandoned
vehicle upon any public or private property within the City for a period of time in excess of
72 hours, unless the vehicle is (1) completely enclosed within a building; or (2) stored in
connection with a lawful business enterprise allowed to store such vehicles outside.
(2) If the owner of an abandoned vehicle or the private property owner or lessee
responsible for placement, or allowing for or assisting in the placement of the subject
vehicle in front of or contiguous to his or her real property fails to remove the vehicle after
notice is provided as required in ORS 819.170, then the Chief of Police or the Chief's
designee may tow the vehicle and dispose of it in accordance with ORS 819.110(1)(a),
Ordinance No. Page 15 of 20
819.110(2)-(5) and ORS 819.120 through ORS 819.280.
11.26.060 Storing Vehicles
(1) Except as otherwise provided, no person owning or controlling an oversized vehicle
shall cause or permit it to be parked within any public right-of-way for longer than 24
consecutive hours.
a. An Oversized vehicle may be legally parked on a public right-of-way in front of
or contiguous to the vehicle owner' s dwelling, provided it meets all of the following
criteria:
A. Is not parked for more than 72 hours;
B. Does not constitute a hazard to traffic on public streets;
C. Does not restrict vision of motorists on a public street;
D. Does not obstruct view from any other property;
E. Has a currently valid license or registration;
F. Is operable, including adequate tires; and
G. Is attached to a vehicle if required for movement of the oversized vehicle.
b. To comply with the 72 hour time restriction, an oversized vehicle must be moved
more than 100 feet from the parked location at which the 72 hour time period has
expired.
(2) It is unlawful for any person to park or store any personal vehicle on any public right-
of-way:
A. For more than 72 hours, and
i. In a manner that results in the accumulation of debris around or under
the vehicle or in a condition that prevents it from being driven, including flat
tires; or
ii. The personal vehicle is being used primarily as a container for the storage
of personal items in or on the vehicle.
11.26.070 Loading Zones
(1) No person shall stop, stand, or park a vehicle for any purpose or length of time other
than for the expeditious unloading and delivery or pickup and loading of materials, freight,
or passengers in a place designated as a loading zone during the hours when the provisions
applicable to loading zones are in effect. A stop for loading and unloading of passengers
and personal baggage must not exceed 5 minutes. A stop for loading or unloading of
materials must not exceed 15 minutes.
(2) No person shall stop, stand, or park a vehicle for any purpose or length of time other
than for the expeditious loading or unloading of passengers in a place designated as a
passenger loading zone during the hours when the provisions applicable to passenger
loading zones are in effect.
11.26.080 Buses or Taxis
The driver of a bus or taxicab shall not stand or park the vehicle upon a street in a business
district at a place other than at a bus stand, except that this provision shall not prevent the
driver of a taxicab from temporarily stopping for the purpose of and while actually
engaged in the loading or unloading of passengers or from parking in compliance with
sections 11.26.020 -11.20.030 of this chapter.
Ordinance No. Page 16 of 20
11.26.090 Penalties
Violation of any provision within 11.26.010 to 11.26.090 is a Class II violation, punishable
in accordance with AMC 1.08.020, and the vehicle is subject to the methods for
impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as
may otherwise be provided in this chapter.
11.26.100 Restricted Parking Areas, Hours and Limits
(1) Parking areas, effective hours, and time limits shall be established by traffic regulations
promulgated and published by the City Administrator as authorized in section 11.12.010 to
11.12.050.
(2) City Parking Lot. Parking in any parking lot owned by the City shall be restricted and
controlled under the authority of the City Administrator.
11.26.110 Penalties, Immobilizers Installation, Towing, Warning Letter, Show Cause, and
Warrants
After the City posts a notice of violation on the vehicle parked in violation of this chapter,
the owner or operator of a vehicle is subject to the fines and other penalties provided in this
chapter, and such vehicle is subject to the methods for impounding, appeal, and disposition
as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this
chapter.
(1) Penalties for parking violations.
(a) Fines. Presumptive fines for each parking violation and enhanced penalties for
multiple parking violations within any calendar year shall be established by
resolution of the City Council.
1. A presumptive fine is the fine amount imposed against a person who
pleads no contest to or is otherwise found guilty of a violation and is separate
from and in addition to other penalties or charges provided herein, including
any penalties for multiple parking violations.
2. A presumptive fine for a parking violation under this section will be
imposed unless the court finds reasonable grounds for either increasing or
reducing the fine.
3. Fines shall include the original ticketed amount and any enhanced
penalties, if such penalties are established.
(2) Immobilizer (boot) Installation and /or Towing.
(a) When a registered owner of a motor vehicle has either (1) five or more
outstanding unpaid City of Ashland parking violations on any number of motor
vehicles, or (2) a City of Ashland parking violation, or any number of such
violations, with a total unpaid balance that exceeds 5150, regardless of the number
of motor vehicles involved, then any City enforcement official is authorized, directed
and empowered to immobilize such a motor vehicle or vehicles found upon a public
street within the City or in a City off-street parking lot by installing on or attaching
to the motor vehicle a device designed to restrict the normal movement of the
vehicle. In the alternative, or in addition to immobilization, after 24 hours has
elapsed, any City enforcement official authorized, directed and empowered to order
such vehicle towed, by a licensed tow company under contract with the City or its
Ordinance No. Page 17 of 20
designee, as applicable.
(b) For purposes of this section, bail or fine shall be outstanding on a citation when
the citation is issued and shall remain outstanding until the bail is posted or the fine
is aid.
(c) Ten days before immobilizing or towing a vehicle according to the provisions of
this section, the City, or the City's contracted parking enforcement service provider
shall post a notice on the vehicle or mail a notice by certified mail, return receipt
requested, to the registered owner of such vehicle as shown by the records of any
relevant state motor vehicles department notifying the owner that the motor vehicle
or vehicles may be immobilized and/or towed if outstanding parking bail or fines
have not been paid within ten days after posting or mailing of the notice.
(d) If the vehicle is so immobilized, the person who installs or attaches the device
shall conspicuously affix to the vehicle a written notice on a form approved by the
City, advising the owner, driver, or person in charge of the vehicle that it has been
immobilized pursuant to this section and that release of the vehicle may be obtained
upon full payment of the outstanding balance owed to the contracted parking
enforcement service provider. The notice shall also specify that the vehicle is subject
to tow.
(e) In the event the vehicle is towed, the person who orders the tow, shall send by
certified mail, return receipt requested, a notice advising the registered owner of the
vehicle that it has been towed pursuant to this section and that release of the vehicle
may be obtained upon receipt by the towing company of full payment of the
outstanding balance owed.
(f) A vehicle towed and impounded pursuant to this section shall be held at the
expense of the owner or person entitled to possession of the vehicle. Personnel,
equipment and facilities of private tow companies under contract with the City or
the contracted parking enforcement service provider may be used for the removal
and storage of the vehicle.
3. Warning Letter, Show Cause, and Warrants
(a) Warning Letter. The Ashland Municipal Court may choose to send a warning
letter by first class mail informing defendants they have outstanding parking tickets
and that their attendance is necessary at a preliminary hearing before issuing a
show cause order and warrant.
(b) Show Cause. The Ashland Municipal Court may issue an order that requires a
defendant to appear and show cause why the defendant should not be held in
contempt of court, including contempt for failure to appear as ordered or failure to
comply. The show cause order shall be mailed to the defendant by certified mail,
return receipt requested, no less than ten days prior to the appearance date;
alternatively service may be made by any other recognized method, such as personal
service according to the same timeframe.
(c) Warrant. If the defendant is served and fails to appear at the time specified in
the show cause order, the court may issue an arrest warrant for the defendant for
the purpose of bringing the defendant before the court.
SECTION 4. Chapter 10.68.400 Vehicle access to Calle Guanajuato is hereby amended as set
Ordinance No. Page 18 of 20
forth below:
10.68.400 Vehicle access to Calle Guanajuato
A. Access by vehicles to Calle Guanajuato, that area located between Winburn Way and North
Main Street, is prohibited between the hours of 11:30 A. M. and 10:00 P.M., Monday through
Friday, and 8:00 A.M. and 10:00 P.M. Saturdays from May 1 through October 31.
B. The Ashland Parks and Recreation Commission may issue permits for access during the hours
of closure for vehicles of property owners or lessees that have parking spaces on private land
accessed through Calle Guanajuato, or for other functions that are approved by the Ashland
Parks and Recreation Commission.
C. When not otherwise prohibited, parking in Calle Guanajuato shall be limited to loading and
unloading only, and for a period not to exceed 5 minutes.
D. Any vehicle parked in violation of this Section shall be subject to the penalty contained in
Section 10.68.350, and as well, is subject to impoundment aeeor-ding to the provisions o
Chapter 11.36 of the Ashland AUnieipal . methods for impounding, appeal, and
disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be
provided in this chapter.
SECTION 5. Savinl1s. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions, i. e., Sections 5-7 need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read b title only in ac ordance with Article X,
Section 2(C) of the City Charter on the/ day of , 2016,
and duly ,,PASSED and ADOPTED this da of , 2016.
A
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this elle day of , 2016. _Aaef~ Ordinance No. Page 19 of 20
JohLY Stro erg, Mayor
Revie ed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 20 of 20