HomeMy WebLinkAbout3032 Stored Vehicles
ORDINANCE NO. 30?o1.
AN ORDINANCE CREATING CHAPTER 11.34 RELATING TO
PROHIBITED STORAGE OF PERSONAL VEHICLES AND OVERSIZED
VEHICLES, INCLUDING RECREATIONAL VEHICLES AND
AMENDING AMC 11.24.020 AND AMC 11.60.010.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold Iinell through and additions are bold underlined.
WHEREAS, Article 2. 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. Citvof
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, the code provisions regulating the storage of personal vehicles was revised in 2009
to be compliant with the City's use of the Law Enforcement Data System (LEDS); and
WHEREAS, the city would like to establish a procedure for abating the nuisance of stored
personal vehicles and oversized vehicles in the public rights of way that is consistent with the
City's LEDS contract; and
WHEREAS, the city would like to clarify its prohibitions against storing personal and oversized
vehicles, including recreational vehicles, on the City's right of way.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 11.34.01 0 [Definitions] through 11.34.040 [Exception for Recreational
Vehicles] are hereby added to read as follows:
11.34 Stored Vehicles
11.34.01 0 Purpose
The city has iurisdiction and exercises rel!ulatorv control over each public ril!ht-of-
wav whether the City has a fee, easement. or other lel!al interest in the ril!ht-of-wav.
The use of the City's ril!ht of way is l!enerallv prohibited pursuant to AMC
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13.02.040. which states that "no person or entity may occupv or encroach on a
public rieht-of-wav without the permission of the city." The purpose of this chapter
is to re!!:ulate parkin!!: on the City's ri!!:ht of wav to prevent the rieht of wav from
beine used to store personal vehicles and oversized vehicles. includine recreational
vehicles. Oversized vehicles should be stored at outdoor and indoor storaee
facilities properlv zoned and permitted for such storaee use. and not in public rieht
ofwav.
11.34.020 Definitions
"In front of or contieuous to the vehicle owner's dwelline" - For purposes of this
ordinance "in front or' means the rieht of way directlv in front of and on the same
side of the street as the owner's dwelline and between the lot lines of the properly on
which the dwelline is located. For purposes of this ordinance "conti!!:uous to" means
touchine either one of the owner's lot lines on the same side of the street at the point
where the lot line intersects the rieht of way and extendine awav from the lot line in
either direction in the rieht of wav not more than 22 feet. For purposes of this
ordinance "conti!!:uous to" also means in the nearest parkin!!: bay in the rieht-of-wav
in either direction and on either side of the street from the vehicle owner's
residence.
"Oversized vehicle": an oversized vehicle is anv vehicle. whether motorized or non-
motorized. that exceeds 22 feet in leneth. or 94 inches in width or 92 inches in
heieht. Anv extension caused bv 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. Oversized vehicles shall also include 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 reeardless of width. leneth or heieht. Automobiles. pickup trucks. sport
utility vehicles and passeneer vans that are over 92 inches in heieht will not be
considered oversized vehicles when they exceed the heieht limit solelv due to the
modification of the suspension svstem or the addition of oversized tires.
"Personal Vehicle": motorized vehicles that are owned and used bv households for
personal transportation. such vehicles include automobiles. station waeons.
passeneer vans. careo vans. pickup trucks. ieeps. motorcvcles. and similar vehicles.
11.34.030 Stored Personal Vehicles Prohibited
It is unlawful for any person to park or store any personal vehicle on any public
rieht-of-wav:
A. For more than seventy-two (72) hours. and
B. In a manner that results in the accumulation of debris around or under
the vehicle or in a condition that prevents it from beine driven. includine
flat tires; lor 1
C. For more than seventy two hours. and
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D. The personal vehicle is beinl! used primarilv as a container for the storal!e
of personal items in or on the vehicle.
E. It shall constitute prima facie evidence of storal!e of a vehicle if the
vehicle meets the criteria in paral!raDhs A & B or C & D above. Anv
vehicle parked on the ril!ht-of-way within the City in violation of this
section mav be treated as an abandoned vehicle pursuant to AMC 11.32
or abated pursuant to AMC 2.31. Violation of AMC 11.34.030 [Stored
Personal Vehicles Prohibited I is a Class II violation.
11.34.040 Stored Oversized Vehicles Prohibited
It is unlawful for any person to Dark or store anv Oversized Vehicle on anv public
ril!ht-of-way except as provided in this chapter. It shall constitute prima facie
evidence of storal!e of a Oversized Vehicle if the Oversized Vehicle is not within the
exception in AMC 11.34.050. Anv Oversized Vehicle Darked on the ril!ht-of-wav
within the City in violation ofthis section mav be treated as an abandoned vehicle
pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Violation of AMC
11.34.040 [Stored Oversized Vehicles Prohibited] is a Class II violation.
11.34.050 Exceptions for Oversized Vehicles
An Oversized vehicle mav be lel!ally parked on the public ril!ht-of-wav in front of
or contil!uous to the vehicle owner's dwellinl!. provided it meets all of the followinl!
criteria:
A. Is not parked for more than seventy-two (72) hours;
B. Does not constitute a hazard to traffic on the public streets:
C. Does not restrict vision of motorists on the public street:
D. Does not obstruct view from anv other proDertv:
E. Has a currentlv valid license or rel!istration;
F. Is oDerable. includinl! adequate tires: and
G. Is attached to a vehicle if required for movement ofthe Oversized vehicle.
To complv with the seventy-two (72) hour time restriction. an Oversized vehicle
must be moved more than one hundred (00) feet from the parked location in which
the seventy-two (72) hour time period has expired.
SECTION 2. Section 11.24.020 [Prohibited parking] is hereby amended to read as follows:
11.24.020 Prohibited parking
In addition to the provisions of the motor vehicle laws of Oregon prohibiting parking, no
person shall park:
A. 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;
B. A vehicle in an alley except to load and unload persons or materials not to exceed .
twenty (20) consecutive minutes in any two (2) hour period;
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C. A vehicle upon a street for the principal purpose of:
I. Displaying the vehicle for sale;
2, Washing, greasing, or repairing the vehicle except repairs necessitated by an
emergency; or
3. Selling merchandise from the vehicle except in an established marked place or
when so authorized or licensed under the ordinance of this City;
1. Storage, or as junkage or dead storage for more than seventy two (72)
BOUFS.
D. A vehicle upon any parkway except where specifically authorized;
E. A vehicle upon private property without the consent of the owner or person in charge
of the private property;
F. A vehicle within any area marked offby yellow paint upon the street or upon the curb,
except where specifically authorized by a traffic sign, (Ord. 1557 S13, 1968)
G. A vehicle or any part thereof upon a sidewalk or bicycle path. (Ord. 1971 SI, 1978)
H. Or 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 H
shall not apply to:
I. An engine running for less than five minutes,
2. A vehicle in the moving traffic lane waiting to move with the normal flow of
traffic.
3. An engine needed to operate equipment used to load or unload merchandise,
4. Trucks under 12,000 GVW and buses with a carrying capacity of fifteen
passengers or less, or
5. Emergency vehicles, utility company, construction and maintenance vehicles,
the engines of which must run to perform needed work.
SECTION 3. Section 11.60.010 [Regulations] is hereby amended to read as follows:
11.60.010. Regulations
Rased on ORS 183.Sfl, U. S. Highway 99 and Oregon State Highway 66 are hereby
designated as truck routes within the City of Ashland and motor vehicles having a
licensed gross vehicle weight of over 19,999 pounds, shall not use, travel, or be parked
upon any other streets in the City of Ashland except where such motor vehicles are using
said streets for the purpose of making a delivery or picking up a load, or traveling to and
from a fueling facility in the City of Ashland, by the most direct route possible. Nothing
contained herein shall prevent an owner or operator from taking a motor vehicle to the
residence of such owner or operator so long as the motor vehicle is not left there for a
period longer than is reasonably necessary for normal maintenance and overnight and
weekend rest periods for the owner or operator.
SECTION 4. 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.
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SECTION 5. Savinl!s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were cornmenced, 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 commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. 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-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 4-6) 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,
Section 2(C) of the City Charter on the ~ day Of!%-Fi ,2010
,"dz=. "'" ADOPTED till. -L'Ld,y of " 2010.
!II~ '
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this / F day of ~01O.
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