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HomeMy WebLinkAbout1557 Traffic ControlAN ORDINANCE RELATING TO TRAFFIC CONTROL; PROVIDING PENALTIES; AND REPEAL- ING ORDINANCES NO. 948,1158, 1283, 1393, 1511, AND 1536. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Adoption of Motor Vehicle Laws Section 1. Adoption of State Motor Vehicle Laws. ~e following enumerated motor vehicle laws of Oregon as heretofore or hereafter amended, together with all other motor vehicle acts and amendments applicable to cities which are now or hereafter enacted, are adopted by reference and made a part of this ordinance: ORS 164.650 ORS 483.104 ORS 164.660 ORS 483.112 to 483.122 ORS 166.630 ORS 483.126 to 483.140 ORS 374.335 ORS 483.202 to 483.218 ORS 476o715 ORS 483.222 to 483.230 ORS 481.015 ORS 483.302 to 483.336 ORS 481.020 ORS 483.362 to 483.366 ORS 481.023 ORS 483.402 to 483.436 ORS 481.030 ORS 483.443(1) ORS 481.040 ORS 483.444 to 483.466 ORS 481.050 to 481.060 ORS 483.470 to 483.474 ORS 481.070 to 481.080 ORS 483.502 to 483.518 ORS 481.100 ORS 483.522 ORS 481.155 ORS 483.530 to 483.540 ORS 481.165 ORS 483.544 ors 481.23o(4) ors 483.602 ORS 481.255 to 481.260 ORS 483.604 ORS 482.010 to 482.070 ORS 483.612 ORS 482.190 to 482.198 ORS 483.614 ORS 482.300(2) ORS 483.620 ORS 482.610 to 482.650 ORS 483.628 ORS 483.002 to 483.034 ORS 483.634 to 483.646 ORS 483.038 ORS 485.010 to 485.030 ORS 483.046 to 483.050 ORS 649.080 ORS 483.102 Except where the context clearly indicates a different meaning, the definitions of ORS Chapter 483 shall apply to all other sections of this ordinance. Definitions Section 2o Definitions. In addition to those definitions contained in the adopted sections of the motor vehicle laws of Oregon, the following words or phrases, except where the context clearly indicates a different meaning, shall mean: Page 1 - Ordinance No. (1) Alley. A narrow street through the middle of a block. (2) Bicycle. A device propelled by human power upon which a person may ride~ having two or more tandem wheels either of which is over 20 inches in diameter. (3) Bus stand. A fixed area in the roadway adjacent to the curb to be occu- pied exclusively by buses for layover in operating schedules or waiting for passengers. (4) Curb. The extreme edge of the roadway. (5) Holidays. Where used in this ordinance or on signs erected in accordance with this ordinance: Sundays~ New Year's Day~ Independence Day, Labor Day~ Thanks- giving Day~ and Christmas Day~ and any other legal holidays designated as such by the statutes of the state of Oregon. (6) Loading zone. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or material or freight. (7) Park or parking. The standing of a vehicle, whether occupied or not, except when a vehicle is temporarily standing for the purpose of and while actually engaged in loading or unloading. (8) Parkway. That portion of a street not used as a roadway or as a sidewalk. (9) Passenger loading zone. A loading zone reserved only for the loading or unloading of passengers and their luggage. (10) Pedestrian. A person afoot. (ll) Person° A natural person~ firm~ partnership~ association~ or corporation° (12) Stop. Complete cessation of movement. (13) Taxicab stand. A fixed area in the roadway adjacent to the curb set aside for taxicabs to stand or wait for passengers. (14) Traffic lane. That portion of the roadway used for the movement of a single line of vehicles. Traffic Control Section 3. Powers of City Council. (1) After approval by the State Highway Commission where such approval is required by the motor vehicle laws of Oregon and for the best use of the streets in the public interest~ the council may designate by resolution the following traffic controls which shall become effective upon installation of appropriate traffic signs~ signals~ markings~ or other devices: Page 2 - Ordinance No. (a) Through streets (b) One-way streets (c) Truck routes (d) Streets where trucks, machinery, or other large or heavy vehicles exceeding specified weights shall be prohibited. Such vehicles may, however, be operated on such streets for the purpose of delivering or picking up materials or merchandise, but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route. (2) Except when contrary to state law, if it appears that the public safety or welfare does not require the installation or maintenance of a traffic sign, signal, marking, or other device or will be better served by the removal or alteration thereof, the council by resolution may forbid the installation or order the removal or alteration of any traffic sign, signal, marking, or other device that is proposed or installed under Section 4 of this ordinance. Such traffic controls shall become inoperative or modified only when removed or altered. Section 4. Adoption of Traffic Regulations. (1) In making the best use of streets and sidewalks for vehicle traffic and parking and pedestrian traffic, the city administrator is authorized to provide appropriat~ and reasonable regulation of the classes of traffic signs, signals, markings and other devices described in subsection (2) of this section for the streets, sidewalks, and other public property of the city as are appropriate for the public safety, convenience, and welfare. Subject to approval by the State Highway Commission where such approval is required by the motor vehicle laws of Oregon, the city administrator shall base his determinations only upon: (a) Traffic engineering principles and traffic investigations; (b) Standards~ limitations and rules promulgated by the State Highway Commission; and (c) Other recognized traffic control standards. (2) Pursuant to subsection (1) of this section, the city administrator may establish, maintain, remove, or alter the following classes of traffic controls: (a) Street areas and city-owned or leased land upon which parking may be entirely prohibited or prohibited during certain hours, and the angle of such parking. Page 3 - Ordinance No. .~ (b) The location and time of operation of traffic control signals. (c) Bus stops, bus stands, taxicab stands, and other passenger common carrier vehicle stands. (d) The location of passenger loading zones for use in connection with a hotel, auditorium, theater, church, school, or public building. (e) Loading zones for commercial purposes. (f) Intersections or areas where drivers of vehicles shall not make right, left, or U-turns and the time when the prohibition applies. (g) Crosswalks, safety zones, parking spaces, traffic lanes, and other symbols. (h) Traffic control signs. (i) All other signs, signals, markings, and devices required to imple- ment traffic and parking controls enacted by the council or required by state law or regulation. (3) Pursuant to subsection (1) of this section, the city administrator may provide for experimental or emergency traffic regulation of a temporary nature that shall ~ot remain in effect more than 30 days. No experimental or emergency regula- tion is effective until adequate traffic signs, signals, markings~ or other devices are erected clearly indicating the regulation. (4) The city administrator shall not remove or alter a traffic sign, signal, marking, or other device if his act would be contrary to state law or ordinance. If a traffic sign, signal~ marking, or other device is installed under authority of a resolution of the council, the council shall first approve, by resolution, any change or alteration by the city administrator. Section 5. Existing .Signs and Signals. All official traffic signs and sig- nals existing at the time of the enactment of this ordinance, such as stop signs, caution signs, slow signs, no-reverse-turn signs, signs designating time limits for parking or prohibiting parking, lines painted or marked on streets or curbs desig- nating parking areas or spaces, markers designating loading zones~ parking meters, and all other official traffic signs or signals erected, installed~ or painted for the purpose of directing, controlling, and regulating traffic are hereby approved. Section 6. Authority of ~olice and Fire Officers. (1) It shall be the duty of the police department through its officers to enforce this ordinance. Page 4 - ~dinance No. (2) In the event of a fire or other emergency, officerm of the police department may direct traffic am conditions may require to expedite traffic or to safeguard pedestrians, notwithstanding other provisions of this ordinance. (3) When at the scene of a fire, members of the fire department may direct or assist the police in directing traffic. Section 7. Temporary Blocking or Closing of Streets. (1) Notwithstanding other previsions of this ordinance, the council may authorize and direct the city administratc~r to temporarily block or close a city street to traffic and prohibit its use when deemed necessary for any of the following reasons: (a) To prevent disturbing and interfering with parades, dances or other celebrations on the street when such temporary use has been authorized by the council. (b) To reduce traffic congestion or noise which disturbs a theatrical, sport, religious or other event where a substantial number of people have congregated. (c) To assist in an emergency. (2) The street shall be blocked or closed by the use of signs, barricades, personal directions of police officers or other means which would inform the general public that the street is closed or blocked. Signs and Signals Section 8. Duty to Obey Traffic S~gnS and Signals. (1) No driver of a vehicle shall disobey the instructions of a traffic sign, signal, marker, barrier, or parking meter placed in accordance with the motor vehicle laws of Oregon or this ordinance, including those erected by an authorized public utility, department of the city, or other authorized person, unless it is necessary to avoid conflict with other traffic or when otherwise directed by a police officer. (2) No unauthorized person shall move, remove, deface, tamper with~ or alter the position of a traffic sign, signal, marker, barrier, or parking meter. Section 9- Vehicles Stopping at Stop Signs. When stop signs are erected at or near the entrance to an intersection, the driver of a vehicle approaching the sign shall come to a full stop before entering a crosswalk or intersection, except when directed to proceed by a police officer or traffic control signal. Page 5 - Ordinance No. Section 10. .~op 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 a traffic control signal indication to proceed. Section ll. Private Marking Unlawful. No person shall letter, mark, or paint in any manner letters, marks~ or signs on a sidewalk, curb, street or alley, or to post on a parking strip anything designed or intended to prohibit or restrict parking in front of a sidewalk~ dwelling house~ business house~ or in an alley~ except in compliance with this ordinance. Parking Section 12. Method of Parking. (1) 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 12 inches of the edge of the curb, except where the street is marked or signed for angle parking. (2) Where 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 spac% unless the size or shape of the vehicle makes compliance impossible. (3) If the owner or driver of a vehicle discovers that the vehicle is parked immediately in front of or close to a building to which the fire department has been summoned~ he shall immediately remove the vehicle from the area unless otherwise directed by police or fire officers. Section 13. Prohibited Parking. Iu addition to provisions of the motor vehicle laws of Oregon prohibiting parking~ no person shall park: (1) A vehicle upon a bridge, viaduct, or other elevated structure used as a street or within a street tunnel in this city~ unless marked or indicated otherwise. (2) A vehicle in an alley except to load or unload persons or materials not to exceed 20 consecutive minutes in any two-hour period. (3) A vehicle upon a street for the principal purpose of: (a) Displaying the vehicle for sale. (b) Washing, greasing~ or repairing the vehicle except repairs necessitated by an emergency. Page 6 - Ordinance No (c) Selling merchandise from the vehicle except in an established market place or when so authorized or licensed under the ordinances of this city. (d) Storage, or as junkage or dead storage for more than 72 hours. (4) A vehicle upon any parkway except where specifically authorized. (5) A vehicle upon private property without the consent of the owner or person in charge of the private property. (6) A vehicle within any area marked off by yellow paint upon the street or upon the curb, except where specifically authorized by a traffic sign. Section 14. Use of Loading Zone. 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. In no case shall the stop for loading and unloading of passengers and personal baggage exceed five minutes, nor the loading or unloading of materials exceed 15 minutes. Section I5. Use of Passenger Loading Zone. 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. Section 16. Sto~ping~ StandinE, or Parking of Buses and Taxicabs. 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 or taxicab stand~ respectively~ 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. Section 17. Restricted Use of Bu__~s and Taxicab Stands. No person shall stop~ stand~ or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand~ except that the driver of a passenger vehicle may temporarily stopi~for the purpose of and while actually engaged in loading or unloading passengers when the stopping does not interfere with a bus or taxicab waiting to enter or about to enter the zone. Page 7 - Ordinance No..~ ~ Section 18. Moving Vehicle. The moving of a vehicle within a block shall not be deemed to extend the permissible time for parking it there. Section 19. Lights on Parked Vehicle. No lights need be displayed upon a vehicle parked in accordance with this ordinance or parked upon a street where there is sufficient light to reveal a person or object upon the street within a distance of 500 feet. Section 20. Exemption. ~he provisions of this ordinance regulating the parking or standing of vehicles shall not apply to a vehicle of a city department or public utility necessarily in use for construction or repair work, or to a vehicle owned by the United States while in use for the collection~ transportation, or delivery of the United S~tes mail. Pedestrians Section 21. Use of Sidewalks. Pedestrians shall not use a roadway for travel when abutting sidewalks are available for doing so. Section 22. Crossing at Right Angles. No pedestrian shall cross a street at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. Section 25. Pedestrians Must Use Crosswalks. In blocks with marked cross- walks no pedestrian shall cross a street other than within a crosswalk. Parades and Processions Section 24. Permits Required for Parades. No procession or parade, except a funeral procession or military parade, shall occupy, march, or proceed along a street except in accordance with a permit issued by the chief of police and approved by the ~.~./" z ///~ -~' / ' .(/ ~ '~_~>/._~,. ,'~ ~. The 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, unreasonably interfere with the peace and quiet of the inhabitants of the city, or cause damage to or unreasonably interfere with the public use of the streets. Section 25° Funeral Procession. A funeral composed of a procession of vehicles shall be escorted by at least one person authorized to direct traffic for such purposes and shall follow routes established by the chief of police. Each vehicle in the procession shall be marked by flags or other designation approved by the chief of police. Page 8 - Ordinance No. ~ Ir Section 26. Drivers in Procession. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the street as practical and shall follow the vehicle ahead as closely as is practical and safe. Section 27. Driving through Procession. No driver of a vehicle other than an authorized emergency vehicle shall drive between the vehicles comprising a funeral or other authorized procession while in motion except where traffic is controlled by traffic control signals or when otherwise directed by a police officer. General Regulations Section 28. Speed Limits in Public Parks. No person shall drive a vehicle upon a street in a public park at a speed exceeding 15 miles per hour unless signs erected indicate otherwise. Section 29. Driving Under the Influence. No person while being under the influence of intoxicating liquor, barbituates, or narcotic drugs shall drive a vehicle upon a street or public property. A person violating this section shall, upon conviction thereof, be punished by imprisonment for not more than Yg~ days, or by a fine of not more than $ .~/7' ~ or by both. Section 30. Reckless Driving. No person shall drive a ~e~icle upon a street or public property carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others. A person violating this section shall, upon conviction thereof, be punished by imprisonment for not more than Y'~ days~ or by a fine of not more than , or by both. Section 31. U-Turns. (1) No person operating a motor vehicle shall make a U-turn between street intersections or at intersections where "No U-Turn" signs have been posted. (2) No person shall back a vehicle into an intersection or an alley for the purpose of making a U-turn at those places where U-turns are prohibited. Section 32. Vehicles in Motion; Right-of-Way. A vehicle which has stopped or parked at the curb shall yield to moving traffic. Section 33. Limitations on Backing. The driver of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic and shall in every case yield the right-of-way to moving traffic and pedestrians. Page 9 - Ordinance No. ~ .... Section 34. .Driving o_~nDivided Streets. If a street has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, a vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within the dividing space, barrier, or secti~n~ except through an opening in the physical barrier or dividing section or space provided for vehicle movement or at an intersection. Section 35. Emerging from Vehicle. No person shall open the door of or enter or smerge from a vehicle in the path of an approaching vehicle. Section 36. Boarding or Alighting from Vehicles. No person shall board or alight from a vehicle while the vehicle is in motion. Section 37. Rid~ng on Motorcycles. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry another person nor shall another person ride on a motorcycle unless the motorcycle is equipped to carry more than one person, in which event a passenger may ride upon the permanent and regular se~t if equipped for two persons~ or upon another seat firmly attached at the rear of the seat for the operator. Section 38. Unlawful Riding. No person shall ride on a vehicle upon any portion thereof not designed or intended for the use of passengers. ~his provision shall not apply to an employe engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies in space intended for merchandise. Section 39. Clinging to Vehicles. No person riding upon a bicycle~ motor- cycle, coaster~ roller skates, sled, or toy vehicle shall attach the same or himself to a moving vehicle upon the streets. Section 40. Use of Roller Skates Restricted. No person upon roller skates or riding in or by means of a coaster, toy vehicle~ or similar device shall go upon a street except while crossing at a crosswalk or upon a play street. Section 41. Skis on Streets. No person shall use the streets for traveling on skis, toboggans, sleds, or similar devices except upon play streets. Section 42. Damaging Sidewalks and Curbs. (1) ~e driver of a vehicle shall not drive upon or within a sidewalk or parkway area except to cross at a permanent or temporary driveway. (2) No person shall place dirt~ wood, or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway. Page 10 - Ordinance No. (3) No person shall remove or damage a portion of a curb or move a heavy veh%~cle or th%ng over or upon a curb or sidewalk without first notifying the ~[J~/~'~.d~ ~_,/~_~,~JJgJ~_/~/ ' A person who violates this section shall -! /~be h~d responsible for all damage in addition to any penalties imposed upon conviction. Section 43. Obstructing Streets. No person shall park or leave upon a street~ including an alley~ parking strip~ sidewalk, or curb, a vehicle or a vehicle part, trailer~ box, ware, merchandise of any description, or any other thing that in any way impedes traffic or obstructs the view, except as is allowed by this or other ordinances of this city. Section 44. Removing Glass and Debris. A party to a collision or other vehicular accident or any other person causing broken glass or other debris to be upon a street shall immediately remove or cause to be removed from the street all glass and other debris. Section 45. Trains Not to Block Streets. No person shall operate a train or train of cars, or permit the same to remain standing, so as to block the move- ment of the traffic upon a street for a period of time longer than five minutes. Impounding Vehicles Section 46. Impounding of Vehicle. If a vehicle is found standing or parked in violation of a city regulation~ the vehicle shall be given a traffic citation and may be removed by a police officer and taken to a garage~ parking lot, or other suitable storage place and there kept until an application for its redemption is made by the owner or his authorized agent. Section 47. Redemption. Redemption may be made upon payment of towing and storage charges, which amounts shall be in addition to any fine imposed in accordance with this ordinance. Section 48. Sale. If the vehicle is not redeemed within 30 days, then it shall be sold in accordance with the applicable provisions relating to the sale of abandoned vehicles. Exceptions Section 49. Emergency Vehicle. ~he provisions of this ordinance regulating the operation, parking, and standing of vehicles shall apply to authorized emergency vehicles except as provided by the motor vehicle laws of Oregon and as follows: Page II - Ordinance No. . (1) A driver when operating the vehicle in an emergency, except when otherwiae ~irect~d by a police officer cr other authorized [;arson, may lark or etand not~dth- atandin~ this ordinance. (2) A driver of a police vehicle~ fire det,artment vehicle, or l~tx~il vehicle when operati~ the vehicle in a:~ emergency may disregard re~ulationa governin~ tmrnin~ in stecified directions aa lon~ as he does no~ endanger llfe ,.~r property. (3) ~e foregoing exem~,tione eJ~-~ :~t, h,~wever, pr~,tect the driver of the vehicle lk'~'m the c~nsequences of his negl:Lsent acta. Penaltiem Section 30. ~iea.~ Except for S~etiona 2~ an~ ~0 ,.,f ~,h~a or~na~ee, a peraon violatin$ thia or~inamee ahall, u~:on ecmvictiom ~ereof, be l~mal~bed by imtzriaonmant for a perio~ not to exceed $ _~ ~ ~ , orb2~oth. A~I~, or by a fine not ~ e~ Traffie or ~lt ~e ~~ti~ of a ~fie ai~ ~tiom 52. ,~~. ~r ~e ~o~t~ ~ ~l ~~ for.e ~ ~ ~ ~ a ~t of ~at ~ Be l~. ~etion ~3. ~ ~t ~ b~ X.~. ~e ~ cf a ~fic cl~ti~, ~e chief of ~lice have ~ a ~t f~ ~e ~at of ~e Gen~ral Section 54. _~ey. er. ability. ~a sectionl and ~b~ctio~c.f ~e saveable. ~e ~idity ,: ~' ~ ~c section or ~b~ction ~h~ a~ t a~.~e..~ the validl tv ~ Section 55. Repea~. Ordinance No. 948, enacted July 23, 1935, Ordinance No. 1158, enacted November 18, 1952, Ordinance No. 1283, enacted September 6, 1960~ Ordinance No. 1393~ enacted May 4, 1965, Ordinance No. 1511, enacted April 18, 1967, and Ordinance No. 1536, enacted August 1967, are repealed. The foregoing ordinance was duly passed at a regular meeting of the Common Council held on the .~.... day of being as follows: , 1968, the vote Page 13 - Ordinance No. _ __ ~i,.-,,'o~,ss?."~ntso. due the ii tv of ~'~q ~.., and~ WIiEREAS, by Article X!i, Section 2, of the Ckarter co ! 2_0 c: ked. "~'< AS 5-1,--152A-39 !E--8 ! ~ O J,'~'es G. Moo're l.,c{: _i :'; 4-f'!, ?'- ,Uavid E. HcC!mrg Lot: '~ 8,::,~'~.__h. i'., Cedar 5 ' ~ iE-SAD-!~:r $I , 27 4 o (:" o? '-7/. III ~ ' IIIII (? Article X!I, o ~ ~ . ~ .... ali. o:{ which i he}:aby r'~ r~ El ,: Ro :3 ~' 17 d e T Section 2. That the City Recorder is hereby directed to deliver a certified copy of this ordinance to the County Assessor and County Clerk of Jackson County in accordance with the provisions of Article XII, Section 2, of the Charter of the City of Ashland. The foregoing ordinance was duly passed, under a suspension of the rules, at a regular meeting of the Common Council held on the /~ ~ day of April, /~ , the vote being as follows: Ayes: Nays: Approved: 'Mayor To all of which I hereby certify: Recorder Page 2