HomeMy WebLinkAbout2996 Chain Requirements for Commericial Vehicles
ORDINANCE NO. ~ qq(;
AN ORDINANCE RELATING TO CHAIN REQUIREMENTS
FOR 'COMMERCIAL VEHICLES
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold liReEl through 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, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
City of Beaverton v. International Ass'n of Firefiohters. Local 1660. Beaverton Shop.
20 Or. App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the conditions on roadways within the City can be such during the
winter that larger commercial vehicles may have difficulty safely navigating the City
streets;
WHEREAS, there have been situations in which commercial vehicles without chains
have blocked the roadway making it impossible for emergency services to respond
to calls; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.22 is hereby added to read as follows:
Chapter 11.22 Vehicle Chains Reauired
11.22.010 Definitions
A. Chains: link chains. cable chains or anv other devices that attach to the
wheel. vehicle or outside of the tire and that auoment the traction of a
vehicle.
B. Commercial Vehicle: a vehicle that is used for the transportation of
persons or property for compensation or profit. or that is used in coniunction
with a business and the commercial vehicle weiohs 10.000 pounds or more.
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11.22.020 Failure to Carry Chains.
A person commits the offense of failure to carry vehicle chains if the person
drives or moves. or causes or knowinalv permits to be driven or moved a
commercial motor vehicle on anv public wav within the City. without carrvina
vehicle chains. when Interstate 5 is posted as reauirina vehicle traction tires
or chains to be carried or used to proceed over the Siskivou Mountains.
11.22.030 Penaltv.
The offense described in this chapter. failure to carry chains. is a Class C
violation as that class is defined under Oreaon law. Subiectto the Charter
limitation. failure to carry chains shall be a Class A violation as that class is
defined under Oreaon law if such failure prevents emeraencv services from
respondina to a call.
SECTION 2. 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 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article". "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered.
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 2-3) 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 by title only in accordance with Article X,
Se n 2(C) of the City Charter on the t. day of t!')~ ' 2009
duly PASSER A~:)y of a ,2009
Barbara M. Christensen, City Recorder
SIGNED and APPROVED thisdf day of ~009.
/
Attorney
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