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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