HomeMy WebLinkAbout3027 Amending AMC Chapter 11
ORDINANCE NO. )oJ J
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 11, VEHICLES AND TRAFFIC, AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show aeletians and additions to the code sections being modified. Deletions are
bold ... and additions are bold underlined.
WHEREAS, Article2. Section I of the Ashland City Charter provides:
Powers of the Citv 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 Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.12.050 [Temporary blocking or closing of Streets] is hereby amended
to read as follows:
11.12,050 Temporary blocking or closing of streets
A. Notwithstanding other provisions of this title, the eouneil may authorize and direet the
City Administrator. or desil!nee, is delee:ated authority by Special Order to
temporarily block or close a City street to traffic and prohibit its use when deemed
necessary for any of the following reasons:
I. To prevent disturbing and interfering with parades, dances, races. or other
celebrations on the street when such temporary use has been reviewed and approved
by the Public Works Director, Police Chief and Fire Marshal authorized by the
eouneil;
2. To reduce traffic congestion or noise which disturbs' a theatrical, sport, religious, or
other event where a substantial number of people have congregated;
Ordinance Amending Chapter 11
Page 1 of 14
3. To assist in an emergency.
B. . 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.
SECTION 2. Sections 11.16.010 [Speed limits - Public parks] through 11.16.190 [Emergency
Vehicle] are hereby amended to read as follows:
11.16,010 Speed limits Publie parl.s
Na pefsan shall arive a vahiole lIpon a street io a poolio par~. at a spees eJweeEling fifteeo
(15) miles per hoar IInlass signs ereotea inaioate atherwise.
11.16,020 Dridng under the influenee Penalty
No pemon while being under the influenee of intoxieating Iilluor, barbiturates, or
nareotie drugs shall drive a '/ehiele upon a street or publie property, ,4. person
violating this seetion is, upon eonyietion thereof, punishable as preseribed in Seetion
1.08.010.
11.16.030 Reeldess drh'ing
No person shall drive a vehiele upon a street or publie property earelessly and
heedlessly in willful or wanton disregard of the rights or safety of others, .4. person
violating this seetion is, upon eonvietion thereof, punishable aspreseribed in Seetion
1.08,010,
11.16,010 U turns
,
}.. No person operating a motor "iehiele shall mal.e a U tUFH between street
intersections or at intemeetions where "No U Turn" signs have been posted,
B. No person shallbaek a vehiele into aD intersection or aD alley for the purpose of
maldog a U turn at those plaees where U turns are prohibited.
11.16.050 Vehieles in motion Right of way
:\ yehiele whieh has stopped or parl.ed at the eurb shall yield to moving traffie.
11.16.060 Limitations on bacldng
The driver of a vehiele shall not baeJ. the vehiele unless the movement ean be made
with reasonable safety and without interfering with other traffic and shall in every
case yield the right of way to moving traffie and pedestrians.
Ordinance Amending Chapter .\ 1
Page 2 of14
11.16.070 Driving on diyided streets
If a street has been divided into two (2) roadways by leaving an intervening space or
by a physiealbarrier or elearly indieated dividing seetion so eonstneted as to
impede vehicular traffie, a 'iehicle shall be driYen only upon the right hand roadway
and no vehiele shall be driven o'/er, aeross, or within the dividing spaee, barrier, or
. section, exeept through an opening in the physical barrier or di'iiding seetion or
spaee pro"/ided for "/ehiele movement or at an intersection,
11.16.080 Emerging from "iehiele
No person shall open the door of or enter or emerge from a vehiele in the path of an
approaching yehiele,
11.16.090 Boarding or alighting from vehicles
No person shall board or alight from a vehicle while the vehicle is in motion. Boardinl!
or alil!htinl! from vehicles is a Class II violation.
11,16.100 Riding on motoreyeles
!.person operating a motorcyele shall ride only upon the permanent and regular
seat attached thereto, and the operator shall not earry another person Ror shall
another person ride on a motoreyele unless the motorcycle is elj:uipped to earry
more than one person, in which event a passenger may ride upon the permanent
and regular seat if elluipped for two (2) persons, or upon another seat firmly
attaehed at the rear of the seat for the operator.
11,16,110 Unlawful riding
No person shall ride on a vehicle upon any portion thereof not designed or intended for
the use of passengers. This provision shall not apply to an employee engaged in the
necessary discharge of a duty, or to a person or persons riding within truck bodies in
space intended for merchandise. Unlawful ridinl! is a Class II violation.
11.16.120 Clinging to Vehicles
No person riding upon a bicycle, motorcycle, coaster, roller skates, sled, or toy vehicle
shall attach the same or himself to a moving vehicle upon the streets. Clinl!inl! to
vehicles is a Class II violation,
11.16.140 Skis on streets
No person shall use the streets for traveling on skis, toboggans, sleds or similar devices
except upon play streets. Skis on streets is a Class IV violation.
Ordinance Amending Chapter 11
Page 3 of 14
11.16.150 Damaging sidewalks and curbs
A. The driver of a vehicle shall not drive upon or within a sidewalk or parkway area
except to cross at a permanent or temporary driveway.
B. 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.
C. No person shall remove or damage a portion of a curb or move a heavy vehicle or
thing over or upon a curb or sidewalk without first notifying the City Administrator. A
person who violates this section shall be hcld responsible for all damage in addition
to any penalties imposed upon convietion,
D. Damal!inl! sidewalks and curbs is a Class I violation, In addition to any penalties
imposed, the court shall order payment of restitution.
11.16,170 Removing Failure to remove 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. Failure to remove l!lass and debris is a Class IV
violation,
11.16.190 Emergeney 'iehiele
The pro'/isions of this title rcgulating the operation, parking, and standing of
vehieles shall apply to authorized emergency yehieles exeept as proyided by the
motor vehicle la'l':s of Oregon and as follows:
<4.. }. drh'er when operating the '/ehiele in an emergeney, except when otherwise
direeted by a poliee offieer or other authorized person, may park or stand
notwithstanding this title;
B. <4. driver of a police vehiele, fire departmeot vehiele, or patrol 'iehiele wheo
operating the '/ehiele io aD emergency may disregard regulations governing tuning
in specified direetions as long as such aetion does not endanger life or property;
Co The foregoiog exemptions shall not, howe"/er, proteet the driver of the yehiele
from the eonsequences of negligent aets.
SECTION 3, Sections 11.20.ot 0 [Signs and Signals - Obedience Required] through 11.20.040
[Private Marking Unlawful] are hereby amended to read as follows:
11.20 Signs and Signals
11.20.010 Signs and Signals OlJedienee Required
A. No dri'ier of a "/ehiele shall disobey the instruetions of a traffie sign, signal,
Ordinance Amending Chapter 11
Page 4 of 14
marker, harrier, or parking meter plaeed in aeeordanee with the motor '/ehiele laws
of Oregon or this Title, ineluding those ereeted by an authorized publie utility,
department of the City, or other authorized person, unless it is neeessary to avoid
eonfliet with other traffie or when otherwise direeted by a poliee offieer,
B, No unauthorized person shall mo' Ie, remO'/e, defaee, tamper with, or alter the
position of a traffie sign, signal, marl,er, barrier, or parldng meter,
11.20.020 Vehieles Stoppiug at Stop Signs
~'hen stop signs are ereeted at or near the entranee to an interseetion, the driver of
a '/ehiele approaehing the sign shall eo me to a full stop before entering a erosswall,
or intersection, exeept when direeted to proeeed by a poliee offieer or traffie eontrol
signal.
11.20.030 Stop When Traffie Obstneted
No driver shall enter an interseetion or a marl,ed erosswall. unless there is suffieient
spaee on the opposite side of the interseetion or erosswall. to aeeommodate the
'/ehiele without obstrueting the passage of other '1ehieles or pedestrians,
notvl'ithstanding trame eontrol signal indieation to proeeed,
11.20.040 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 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 any alley,
except in compliance with this Title. Street name signs designating privately owned
streets, alleys, or driveways, may only be erected if authorized by the City Council.
Location, graphics, color, materials, and height shall be to City standards as approved by
the Director of Public Works. The Director of Public Works may allow painting of
yellow curbs designating no parking zones at private driveways to standards established
by the Director of Public Works. A permit must be obtained from the Department of
Public Works prior to installation of said yellow curb. The property owner to whom the
permit is issued is responsible for maintaining the yellow curb in good and visible
condition. Private markinl! is a Class I violation.
SECTION 4. Section 11.22.030 [Vehicle Chains Required - Penalty] is hereby amended to read
as follows:
11.22.030 Penalty
The offense described in this chapter, failure to carry chains, is a Class C violation as that
class is defined under Oregon law. Subject to the Charter limitation, failure to carry
chains shall be a Class I Class ,4. violation as that class is defined under Oregon law if
such failure prevents emergency services from responding to a call.
Ordinance Amending Chapter II
Page 5 of 14
SECTION 5. Section 11.24.080 [Lights on parked vehicle] is hereby amended to read as
follows:
11.21.080 Lights on parl,ed vehiele
No lights need be displayed upon a vehiele parlled in aeeordanee with this ehapter
or parlled upon a street where there is suffieient light to re'/eal a person or objeet
upon the street within a distanee of five hundred (SOO) feet.
SECTION 6. Section 11.28.020 [Tire Markings] is hereby amended to read as follows:
11.28,020 Tire Markings
No person shall obliterate or conceal any marking by a police officer, code compliance
or parkinl! officer of the tire of a vehicle for the purpose of preventing the police officer,
code compliance or parkinl! officer from determining the length of time that said
vehicle has been parked. Tire markinl!s is a Class IV violation.
SECTION 7. Section 11.32.040 [Penalty] regarding 11.32 [Abandoned Vehicles] is hereby
amended to read as f~llows:
11.32.040 Penalty
Violation ofthis chapter is a Class II violation, punishable in accordance with AMC
1.08.020.
SECTION 8. Section 11.40.0 I 0 [Parade - Permit required] is hereby amended to read as
follows:
11.40.010 Parade Permit permit required
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 City Administrator. 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 ofthe City, or cause damage to or unreasonably interfere with the public
use ofthe streets. Parade permit required is a Class IV violation.
SECTION 9. Section 11.40.040 [Driving through procession] is hereby amended to read as
follows:
11.40,040 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. Drivinl! throul!h procession is a Class IV violation,
Ordinance Amending Chapter 11
Page 6 of 14
SECTION 10. Sections 11.44.010 [Use of sidewalks] through 11.44.030 [Warrant] are hereby
amended to read as follows:
11,44,005 (lM Use of sidewalks
Pedestrians shall not use a roadway for travel when abutting sidewalks are available for
doing so. Use of sidewalks is a Class IV violation.
11,44,010 Traffie Citation Illegal cancellation of a Traffic Citation
No person shall cancel or solicit the cancellation of a traffic citation without the approval
of the municipal judge. IIIel!al cancellation of a traffic citation is a Class I violation.
11,44,020 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.
Crossinl! at ril!ht anl!les is a Class IV violation,
11.11.020 Citation
For the violation of this title, exeept Chapters 11.28, 11.32 and 1 Ui2, a poliee offieer
may issue a eitation whieh shall be in the natue of a notiee to appear at a time and
plaee eertain, as required by law, If a person fails to eomply with the terms of the
eitation, the Chief of Poliee may send to the penon, or the owner of the motor
'iehiele, a letter informing the person, or the owner, of the violation 'Nith a warning
that if the letter is disregarded for a period of ten (10) days a warrant of arrest will
be issued.
11.11,025 Warnings and Citations by Code Enforeement Offieer and Community
Ser\'iee Offieer
1. The eode enforeement offieer or eommunity seT'/iee offieer may issue a warning
Rotiee for any violation of this eode whieh is punishable as an infraetion.
Warning notiees shall give a brief deseription of the violation, the name of the
eity department and employee to eontaet regarding the violation, the name of the
persoo issuing the '",'arniog notiee, the date the warning was issued, and a
~tatement that failure to eorreet the alleged violation or to eontaet the named
department may result in issuanee of a eitation to the munieipal eourt. The
warning notiee shall be served upon the person aeeused of the violation.
2. The eode enforeement offieer and eommunity serviee offieer are authorized to
en foree, and to issue a eitation for, any violation of this eode whieh is punishable
as an infraetion, The eitation and seryiee of the eitation shall eonform to the
requirements ofORS 153.110 to 153.310.
11.44,030 Crosswalk -Yse use required
Ordinance Amending Chapter 11
Page 7 of 14
In blocks with marked crosswalks, no pedestrian shall cross a street other than within a
crosswalk. Crosswalk use required is a Class IV violation.
11.11.030 Warrant
If a person fails to eomply with the terms of a traffic citation, the Chief of Poliee
shall forthwith seeure and have ser"/ed a warrant for the arrest of the person.
SECTION 11. Sections 11.52.020 [Equipment] through 11.52.070 [Bicycle License Required]
are hereby amended to read as follows:
1l.52.020 Elluipment
The following elluipment is relluired on allbieyeles and it is unlawful to operate a
bieyele without its having sueh elluipment:
.4.. Hral.es. Bral.es adelluate to contFllI the movement of and to stop and hold sueh
bieyele.
B. Lights. No bieyele shall be permitted on any bieyele route, lane, street, or any
other highway between thirty (30) minutes after sunset and thirty (30) minutes
before sunrise without a clear, white light yisible under normal atmospherie
eooditions from the front for not less than five hundred (500) reel, indieating the
approaeh or presence of the bicycle, and also a red light or reAeetor mirror visible
for three hundred (300) feet from the rear; said lights, or reAeetors, must be
attaehed to the bieycle or, in the alternative, an arm light may be used '~'hieh may be
plaeed on either the arm or leg of the bieyele rider.
Co f.udible Signaling De'/iee, f. bicyele rider using any sidewalk must mal.e an
audible signal to warn pedestrians they are approaching from the reu, and at a
distanee to allow the pedestrian to move to the right in order to allow passage of the
bicyelist on the left ofthe pedestrian,
1l.52.030 Regulations
A. Riding on sidewalks in the C-I-D Central Business District. No person shall
ride or operate a bicycle on a sidewalk in the central business district or
commercial zone. Ridinl! on sidewalks in the C-I- D District is a Class IV
violation,
B. Racing. No person shall engage in, or cause others to engage in, a bicycle race
upon the streets or any other public property of this City without permission of the
City Administrator, Chief of Police. Major races involving closure or
restructuring of city streets must be permitted pursuant to AMC 11.12.050.
presented to the City Couneil through the Chief of Poliee. Racinl! is a Class
IV violation,
Ordinance Amending Chapter 11
Page 8 of 14
C. Method of Riding. A person shall not ride a bicycle other than with their feet
on the pedals and facing the front of the bicycle. No bicycle shall carry more
persons at one time than the number for which it is equipped. Method of ridinl!
is a Class IV violation.
D. Carrying Articles. No person operating a bicycle shall carry any packages,
bundles, or articles which prevent the rider from keeping at least one (I) hand
upon the" handlebars and in full control of said bicycle. Carrvinl! articles is a
Class IV violation.
E. Traffic Regulations. The use of a bicycle in the City shall be subject to all of
the provisions or laws of the State and the laws of the City, including those
applicable to the drivers of motor vehicles, except as to the latter, those provisions
that by their very nature have no application.
F. Speed on Bicycle Routes. No bicycle shall be ridden on a bicycle route at a
speed greater than reasonable and prudent for the circumstances when
approaching a pedestrian. Speed on hicycle routes is a Class IV violation.
G. Riding Abreast. No person shall ride a bicycle upon any street, highway,
bicycle route or lane in the City abreast, or side-by-side of any other person so
riding or propelling a bicycle when it interferes or impedes the normal and
reasonable movemeht of traffic or pedestrians. " Ridinl! abreast is a Class IV
violation.
H. Hitching on Vehicles. No person, while riding a bicycle shall in any way
attaches themselves or the bicycle to any other moving vehicle. Hitchinl! on
vehicles is a Class II violation.
I. Taldn!!: or Usin!!: "'ithout Permission, No person shall tal.e or use any
bieyele without the eonsent of the owner.
.J. Ridinl: 'Nkile Intoxicated. It is uolawful for any person to operate a bicyele
00 any street, highway, bieyele lane or route of the Cit), while under the
inl1uenee of any intoxieants.
K. Bicycle Parking. No person shall park a bicycle upon a street, other than in the
roadway and against the curb, or against a lamppost designated for bicycle
parking, or in a rack provided for the purpose of supporting bicycles, or on the
curb in a manner so as to afford the least obstruction to pedestrian traffic. Bicycle
parkinl! is a Class IV violation,
J,Bicycle Impoundment. In addition to any other penalty, the court may
order impoundment of a hicycle used in an offense committed under this
chapter until such time as may appear iust and reasonable,
Ordinance Amending Chapter 11
Page 9 of 14
11.52.010 Right of Way
The operotor of a bieyele emergiog f-rom an alley, drive";\'ay, bicyele lane or route,
building or otherwise approaehing on a sidewall" and upon entering the roodway,
shall yield the right of way to all vehides or bieydes approaehing on sueh road".'I'ay
that are so dose as to eonstitute an immediate hazard.
11.52.050 Responsibility of Parent or Guardian
The parent or guardian of any child shall not authorize or knowingly permit any child to
violate any of the provisions ofthis Chapter. Violation ofthis section is a Class III
violation.
11.52,060 Failure to Report Accidents
The operator of any bicycle involved in an accident resulting in injury, death, or damage
to personal property shall within seventy-two (72) hours file a written report of such
accident with the Police Department. Failure to report accidents is a Class II
violation,
11.52,070 Bicycle License Required
No persons shall operate a bicycle upon the streets, lanes or routes of the City unless such
bicycle has been licensed as provided for in this Chapter. A non-resident who has
complied with the bicycle registration provisions of the city or county in which they are a
resident may operate a bicycle without having first acquired an Ashland bicycle license.
Bicycle license required is a Class IV violation. In addition to any other penalty, the
court mav order impoundment of a bicycle used in an offense until such time as may
appear just and reasonable,
SECTION 12, Section 11.52.110 [Penalties] regarding 11.52 [Bicycles] is hereby amended to
read as follows:
11.152.110 Peoalties
A. Any person who yiolates any of the pro'/isioos of this Chapter is, upon eonyietion
thereof, punishable as preseribed in Seetioo 1.08,020,
B. Upon eonyietion, the eourt may, in additioo to any other peoalty, order that
the bieyele that was used at the time of the offense be impounded until sueh time
as may appear just and reasonable.
SECTION 13, Sections 11.54.030 [Skateboard Regulation] through 11.54.050 [Enhanced
Penalties in Downtown Area] regarding 11.54 [Skateboards] are hereby amended to read as
follows:
Ordinance Amending Chapter 11
Page 100f14
11.54.030 Skateboard Regulations
The following regulations apply to the operation of a skateboard on a public street,
sidewalk or public property:
A. Protective Headgear. Any person operating a skateboard shall wear protective
headgear ofa type approved under ORS 815.052 for bicycle
helmets. Provided, however, protective headgear shall be "required only when operating a
skateboard on public property includinl! streets. sidewalks and parks. Headgear is
recommended on private property. sidewalks or publie property.
B. Yield Right-of-Way. Any person operating a skateboard shall yield the right-of-way to
any vehicle, such as a motor vehicle or bicycle, or pedestrian including yielding the right
of way to any vehicle when approaching or crossing a driveway.
C. Standing Position. Any person operl!ting a skateboard shall operate the skateboard in a
standing position unless operated in conformance with rules established by the Ashland
Park Commission within a city park designated for skateboard use under section
11.54.020.
D. Operating on Right-hand Side. While on a street, a person shall ride a skateboard as
close as practicable to the right-hand curb or edge of the roadway.
E. Single File. No person shall ride a skateboard on any street along side another person
riding a skateboard, bicycle or motor vehicle unless overtaking and passing such
skateboard, bicycle or motor vehicle.
F. Equipment. No skateboard shall be operated on any public street or sidewalk between
30 minutes after sunset and 30 minutes before sunrise unless the skateboard or rider is
equipped with lighting equipment that meets the following requirements:
I. The lighting equipment must show a white light visible from a distance of at least 500
feet to the front of the skateboard.
2. The lighting equipment must have a red reflector or lighting device or material of such
size or characteristic and so mounted as to be visible from all distances up to 600 feet to
the rear when directly in front of lawful lower beams of head lights on a motor vehicle.
G. Traffic Control Devices. Any person operating a skateboard shall obey the instructions
of official traffic control signals, signs and other control devices applicable to vehicles.
H. Traffic Regulations. The operation of a skateboard on a street shall be subject to all of
the provisions or laws of the State and the laws of the City, including those applicable to
the drivers of vehicles, except as to the latter, those provisions that by their very nature
have no application.
Ordinance Amending Chapter 11
Page 11 of 14
I. Operation on Sidewalks. No person shall operate a skateboard on a sidewalk:
1. So as to suddenly leave a curb or other place of safety and move into the path of a
vehicle that is so close as to constitute an immediate hazard.
2. Without giving an audible warning before overtaking and passing a pedestrian.
3. At a speed greater than an ordinary walk when approaching or entering a crosswalk,
approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a
vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This
paragraph does not require reduced speeds for skateboards either:
a. At places on sidewalks or other pedestrian ways other than places where the path for
pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or
b. When motor vehicles are not present.
Except as otherwise specifically provided in this chapter, an operator of a skateboard on a
sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or
in a crosswalk.
J. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon
the streets, sidewalks or any other public property. Provided, however, that it shall not be
a violation of this subsection if racing occurs in conformance with rules established by
the Ashland Park Commission within a city park designated for skateboard use under
section 11.54.020.
K. Hitching on Vehicles. No person while operating a skateboard shall in any way attach
themselves or the skateboard to any moving motor vehicle.
L. Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a
careless manner means the person rides a skateboard in a manner that endangers or would
be likely to endanger any person or property.
11.54.040 Penalties
Upon the first conviction for a violation under this chapter, the person shall be
punished by a fine of $25.00, Exeept as provided in seetion 11.51,050,,}A. All
subsequent violations of this chapter are Class IV violations, In addition to any
other penalty, the court may order impoundment of a skateboard used in an offense
until such time as may appear iust and reasonable,
Any person who '/iolates any of the pro'/isions of this ehapter is, upon eonvietion,
punishable as preseribed in Seetion 1.08.020.
B. Upon eon'/ietion, the eourt may, in addition to any other penalty, order that the
sl,ateboard that was used at the time of the offense be impounded until sueh time as
may appear just and reasonable,
Ordinance Amending Chapter 11
Page 12 of 14
11.51.050 Enhaneed Penalties in Downtown ,4.rea
Any person who yiolates any of the provisions of this ehapter in the downtowB area
defined in seetion 11.52.020.B.l is, upon eonyietion, punishable as follows:
a. FirGt olIense. Upon the first eonvietion f~r a violation under this ehapter, the
persoB shall be punished by a fine of $25,00 (to inelude all eosts and assessments).
This fine shall not be suspended or deferred, but the eont may authorize
eommunity serviee in lieu of all or part of this fine,
b, Seeond offense. E'/ery person who is eonvieted of a violation of this ehapter for a
seeond time 'I\'ithin a five year period shall be punished by a fine not less than $50
nor mare than $250, Fifty dollars of the fine shall not be suspended or deferred, but
the eont may authorize eommunity sen'iee in lieu of all or part of this fine, In
addition, the eourt may order forfeiture of Bsl.ateboard whieh was ridden in
violation of this ehapter, unless it is pro'ien to the eourt by a preponderanee of the
evidenee that the defendant is not the owner of the skateboard and the owner did
not or eould not ha'/e reasonably known that the sl,ateboard would be ridden in
'/iolation of this ehapter.
e, Third or subselluent offense. Every person who violates this ehapter a third or
more times within a fiyeDyear period shall be punishable by a fine of not less than
$100.00 nor more than $500.00. One hundred dollars of the fine shall not be
suspended or deferred, but the eourt may authorize eommunit)' sen'iee in lieu of all
or part of the fine. Upon eonvietion of a third or subselluent violation of this ehapter
within a fiyeD)'ear period, the eourt ma)' order forf~iture of a sl.ateboard whieh was
ridden in violation of this ehapter, unless it is pro'ien to the eont by a
preponderanee of the evidenee that the defendant is not the owner of the sl,ateboard
and the owner did not or eould not have reasonably Imown that the skateboard
would be ridden in violation of this ehapter.
SECTION 14. Section 11.60.040 [Penalties] regarding 11.60 [Truck Routes] is hereby amended
to read as follows:
11.60.040 Pen;lIties
Any violation of this chapter is a Class IV violation. Any person, firm or
earp oration whieh violates any provision of this Chapter is guilt)' of an infraetioo
and shall be subjeet to the penalties set forth in Seetion 1.08,020.
SECTION 15. Severahility. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Ordinance Amending Chapter 11
Page \3 of 14
SECTION 16 Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 17 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal 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-lettered, and typographical ,errors and cross referenc,es may be corrected by the City Recorder,
provided however that Sections 15 thru 17, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accord
Section 2(C) of the City Charter on the --1" day of
and duly ASSED and ADOPTED this .:.3 day of
ce with Article X,
,2010,
,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this Lday of
Reviewed as to form:
~'2010.
nStromb~
Ordinance Amending Chapter 11
Page 14 ofl4