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HomeMy WebLinkAboutItem 15 Ordinance Amending Springfield Municipal Code 6.020 and 6.060 AGENDA ITEM SUMMARY Meeting Date: 5/4/2015 Meeting Type: Regular Meeting Staff Contact/Dept.: Courtney Griesel, CMO Staff Phone No: 541-736-7132 Estimated Time: 10 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Community and Economic Development and Revitalization ITEM TITLE: ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE 6.020 AND 6.060 ACTION REQUESTED: Conduct a first reading of the following Ordinance: ORDINANCE AMENDING CHAPTER 6 VEHICLES IN TRAFFIC SECTION 6.020 “RESTRICTED IN TIME” AND SECTION 6.060 “ENFORCEMENT” OF THE SPRINGFIELD MUNICIPAL CODE ISSUE STATEMENT: Beginning July 1st, 2015, the City of Springfield will begin full enforcement of parking in Downtown. The program is structured to include managed permit parking, clarity on how citizens should park on-street as well as resolving citations/fees. These actions would require an ordinance amending multiple sections 6.020 and 6.060 of the Springfield Municipal Code. ATTACHMENTS: Attachment 1 - Proposed Ordinance Amending Municipal Code Chapter 6 Attachment 2 – Full Springfield Code Chapter 6 with Highlighted Changes DISCUSSION/ FINANCIAL IMPACT: The City of Springfield has entered into a contract with Republic Parking Northwest to provide Downtown Parking Program services. The Springfield Municipal Code currently allows for parking enforcement and parking permitting but in order to most effectively provide these services, several key amendments to the code are needed. • 6.020(1) - Provide more clarity as to where a vehicle may move after exceeding the posted time-stay. • 6.020(2)(e) –Establishes authority for Council to set fees for permitting parking on municipal lots. • 6.020(2)(f) – Identifies specific parking lots and zones. • 6.060(3) – Establishes authority for Council to set fines associated specifically with the violation of prohibited parking activities. • 6.060(4) – Sets placement of citation and responsibility for payment. • 6.060(5) – Establishes time-period for which tickets must first be addressed by citizen. • 6.060(6) – Requires that the issued citation state penalty for failure to comply. • 6.060(7) – Establishes authority to review and resolve citations through administrative hearings process. • 6.060(8) – Provides for additional communication to citizens who do not respond to tickets within an initial established time-period. • 6.060(9) & 6.060(10) – Allows for the City or contracted enforcement entity to use methods of immobilization (booting) or impound (tow) for vehicles with outstanding citations as well as manage collection of delinquent fines, and impose additional charges (ex. Late fees, collection fees, impound/boot fees, etc). Council is asked to conduct a first reading of the proposed ordinance amendments to Chapter 6 of the Springfield Municipal Code in order to allow for implementation of the Downtown Springfield Parking Program. No immediate fiscal impact is anticipated from these amendments. ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE AMENDING CHAPTER 6 VEHICLES IN TRAFFIC SECTION 6.020 “RESTRICTED IN TIME” AND SECTION 6.060 “ENFORCEMENT” OF THE SPRINGFIELD MUNICIPAL CODE WHEREAS, The Springfield City Council adopted the Springfield Downtown Management Parking Plan (LRP 2009-00008) by resolution on September 20, 2010; and WHEREAS, The purpose of the Springfield Downtown Management Parking Plan is to develop and implement a comprehensive, effective and workable parking management plan for Downtown Springfield that will maximize the parking supply and strategically support the development of a vibrant, growing and attractive destination for shopping, working, living, recreating and entertainment; and WHEREAS, Downtown Springfield is experiencing re-investments and revitalization of Downtown businesses as well as infrastructure improvements; and WHEREAS, One of the strategies for furthering the Downtown revitalization and to carry out the purpose of the Springfield Downtown Management Plan is to reserve the most convenient parking for customers, clients, vendors and visitors to Downtown; and WHEREAS, Downtown Springfield also provides employee parking for several types of organizations such as schools, government offices and local businesses; and WHEREAS, Another strategy of carrying out the purpose of the Springfield Downtown Management Parking Plan is to establish paid permit parking lots and on street parking zones; and WHEREAS, the purpose of these code amendments are to enable the City to carry out the purpose of the Springfield Downtown Management Parking; and WHEREAS, The City of Springfield regulates parking in Chapter 6 of the Municipal Code; and NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section 1: Section 6.020 “Restricted In Time” of the Springfield Municipal Code is hereby amended to read as follows: “6.020 Restricted In Time. (1) No person shall park a vehicle in a parking zone, whether on the street or in a municipal parking lot, for a period in excess of the period of time designated for parking in the zone, except as provided in subsection (2) of this section. Where maximum parking times are designated, movement of a vehicle within a block face shall not extend the time limits for parking. (2) Parking permits may be issued that shall entitle the vehicle, upon which the ATT 1, PAGE 1 of 4 permit is placed, to park in excess of the time limits provided in a restricted time space. Permits shall be issued as follows: (a) The city manager may issue “visitor” parking permits for persons attending meetings, conferences, performing volunteer work, conducting construction or repair or at the manager’s discretion. (b) The municipal court may issue “jury” parking permits for persons performing jury duty. (c) The public works department, or traffic department, may issue “special” parking permits for construction and maintenance vehicles, equipment, materials, or to businesses or homeowners adjacent to street construction projects, whenever the construction necessitates the permits. (d) The city manager may authorize approved entities to park “fleet” or car sharing, leased and rental vehicles on street in excess of posted time-stays (e) The city manager may designate that certain city owned parking lots and rights of way, require a permit to lawfully park in that parking lot or section of right of way. The fee for the permit shall be at an amount set by Council resolution. (f) The following parking lots and on-street parking zones in the downtown area require a permit. (i.) City Hall North Parking Lot. This lot is located under the North section of City Hall, with its South side being adjacent to A Street. (ii.) City Hall South Parking Lot. This lot is located under the South section of City Hall with its North side being adjacent to A Street. (iii.) Main Street Lot 3. This lot is located South of City Hall, between 5th and 6th Street and adjacent to Main Street to the South. (iv.) 7th Street Pocket Lot. This lot is located adjacent to 7th Street to the East and A Street to the North. (v.) Justice Center Parking Lot. This lot is located adjacent to 5th Street on the East and B Street to the North. (vi.) Pioneer East Lot. This lot is located adjacent to Pioneer Parkway on the East and A Street to the North. (vii.) On Street Parking Zone B. Zone B is divided into two sections. One section is located between Mill Street on the West, Pioneer Parkway on the East, B Street to the North; and Highway 126 to the South. The other section of Zone B is located between 7th Street to the West, 10th Street to the East, B Street to the North and Highway 126 to the South. (3) Permits shall be valid only for the dates specified, or if no date is specified, until revoked. (4) Permits shall be placed on the dash of the vehicle or hung from the vehicle’s rear view mirror so as to be plainly visible from outside the vehicle. (5) Nothing herein shall be construed as allowing any vehicle to be operated or parked in any manner in violation of law or any parking requirement of Chapter 6 excepting only the specified limits of time. (6) When a vehicle is parked continuously for eight hours in an area in violation of sections 6.005 to 6.075, the vehicle may be removed by a police officer, or patrol ATT 1, PAGE 2 of 4 community service officer. The impoundment and disposition shall be in accordance with the provisions of this chapter.” Section 2: Section 6.060 “Enforcement” is hereby amended to read as follows: “6.060 Enforcement. (1) The police department shall enforce the terms of sections 6.005 to 6.075 by appropriate marking of vehicles and the issuance of citations for violations or impoundment, or both. (2) In addition to subsection (1), the city may enter into an agreement with a private, public or non-profit parking service certified as a private security company by the state of Oregon to authorize parking service and its employees to enforce the terms of sections 6.005 to 6.075 as well as parking violations defined by state or county laws, by appropriate marking of vehicles and the issuance of citations for violations. The private parking service may collect the delinquent fines and may immobilize or impound the vehicle with the same authority and manner as citations issued by peace officers of the local government. (3) A violation of the prohibited parking activities in Section 6.015 and 6.020, unless otherwise defined in this Code for State law, is punishable by a penalty in the amount established by Council Resolution. (4) Parking citations shall be placed conspicuously on the vehicle. The registered owner of the vehicle shall be responsible for the citation unless the driver accepts responsibility. (5) With ten days of the issuance of the parking citation: (a) The required penalty must be paid; (b) A written response contesting the ticket must be filed; or (c) A written request for an in-person hearing must be filed. (6) The citation shall state the penalties that may be imposed for failure to comply. (7) The city manager may appoint one or more persons to serve as hearings officers to review written responses and/or hold in person hearings. (8) If section 6.060(5) is not complied with, the city or its designee shall provide written notice to the owner or lessee of the vehicle. The notice shall provide information related to additional charges, as established in the city’s fee schedule. (9) If the city has contracted the enforcement of parking violations that contractor or its agent may collect the delinquent fines, impose additional charges for the collection efforts undertaken, and may immobilize or impound the vehicle pursuant to this code. These additional collection charges shall be established in the city’s fee schedule. (10) A vehicle for which a citation has been issued and remains unpaid after becoming due may be immobilized or impounded. A vehicle that has been immobilized or impounded shall not be released until all outstanding penalties and charges have been paid to the City or its designee.” ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2015, by a vote of _____ for and ____ against. ATT 1, PAGE 3 of 4 APPROVED by the Mayor of the City of Springfield this ______ day of __________, 2015. _______________________ Mayor ATTEST: __________________________ City Recorder ATT 1, PAGE 4 of 4 MOTOR VEHICLES Parking and Standing 6.005 Method. (1) No person shall stand or park a vehicle on a street, including a cul-de-sac, other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking, in which case motor vehicles shall be parked with the front headed into the curb, and at the angle of and between painted stripes or other markings upon the pavement where such head-in parking is indicated. (2) Where parking space markings are placed on a street, or on a city owned parking lot, no person shall stand or park a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible, within a single marked space. (3) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to deprive the person of priority or block the access. (4) Whenever the operator of a vehicle discovers that the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless otherwise directed by a police officer or fire fighter. 6.010 Owner Responsibility. The registered owner of a vehicle placed in violation of any of the terms of sections 6.005 to 6.075 shall be responsible for the penalty, except where the use of the vehicle was secured by a person without the owner’s consent. When charging a person with a parking violation, proof that the vehicle was registered to the defendant at the time of the violation shall constitute a presumption that the defendant was then the owner in fact. 6.015 Prohibited. In addition to complying with the provisions of the motor vehicle laws of the state of Oregon prohibiting parking, no person shall park or stand: (1) A vehicle upon a bridge, viaduct, or other elevated structure used as a street, unless parking is permitted by a lawfully installed sign; or (2) A vehicle in an alley, except to load or unload persons or materials, but in no case in excess of 20 minutes; or (3) A vehicle upon a street, alley, right-of-way, or other public way, for the principle purpose of: (a) Displaying the vehicle for sale; (b) Washing, servicing, or repairing the vehicle, except repairs necessitated by an emergency that does not cause an obstruction and that lasts no more than one hour; (c) Displaying advertising from the vehicle except when in compliance with sign code section provisions of this code; ATT 2 – Page 1 of 11 (d) Selling merchandise from the vehicle, except when licensed as a transient merchant; or (4) A vehicle that is displaying expired registration tags, an expired temporary permit, or displays no license plate. (5) A vehicle within that area between the curb or curb line and the sidewalk line or outer edge of the sidewalk commonly known as the parking strip. (6) A vehicle within any area officially designated, whether permanently or temporarily, as a no parking zone, whether such area is marked by signs, a yellow curb, or by other means. (7) A vehicle within 10 feet on each side of a fire hydrant measured from the point of the curb nearest to the hydrant. 6.020 Restricted in Time. (1) No person shall park a vehicle in a parking zone, whether on the street or in a municipal parking lot, for a period in excess of the period of time designated for parking in the zone, except as provided in subsection (2) of this section. Where maximum parking times are designated, movement of a vehicle within a block face shall not extend the time limits for parking. (2) Parking permits may be issued that shall entitle the vehicle, upon which the permit is placed, to park in excess of the time limits provided in a restricted time space. Permits shall be issued as follows: (a) The city manager may issue “visitor” parking permits for persons attending meetings, conferences, performing volunteer work, conducting construction or repair or at the manager’s discretion. (b) The municipal court may issue “jury” parking permits for persons performing jury duty. (c) The public works department, or traffic department, may issue “special” parking permits for construction and maintenance vehicles, equipment, materials, or to businesses or homeowners adjacent to street construction projects, whenever the construction necessitates the permits. (d) The city manager may authorize approved entities to park “fleet” or car sharing, leased and rental vehicles on street in excess of posted time-stays. (e) The city manager may designate that certain city owned parking lots and rights of way, require a permit to lawfully park in that parking lot or in that section of right of way. The fee for the permit shall be at an amount set by Council resolution. (f) The following parking lots and on-street parking zones in the downtown area require a permit. (1) City Hall North Parking Lot. This lot is located under the North section of City Hall, with its South side being adjacent to A Street. (2) City Hall South Parking Lot. This lot is located under the South section of City Hall with its North side being adjacent to A Street. (3) Main Street Lot 3. This lot is located South of City Hall, between 5th and 6th Street and adjacent to Main Street to the South. (4) 7th Street Pocket Lot. This lot is located adjacent to 7th Street to the East and A Street to the North. (5) Justice Center Parking Lot. This lot is located adjacent to 5th Street on the East and B Street to the North. ATT 2 – Page 2 of 11 (6) Pioneer East Lot. This lot is located adjacent to Pioneer Parkway on the East and A Street to the North. (7) Zone B. Zone B is divided into two sections. One section is located between Mill Street on the West, Pioneer Parkway on the East, B Street to the North; and Highway 126 to the South. The other section of Zone B is located between 7th Street to the West, 10th Street to the East, B Street to the North and Highway 126 to the South. (3) Permits shall be valid only for the dates specified, or if no date is specified, until revoked. (4) Permits shall be placed on the dash of the vehicle or hung from the vehicle’s rear view mirror so as to be plainly visible from outside the vehicle. (5) Nothing herein shall be construed as allowing any vehicle to be operated or parked in any manner in violation of law or any parking requirement of Chapter 6 excepting only the specified limits of time. (6) When a vehicle is parked continuously for eight hours in an area in violation of sections 6.005 to 6.075, the vehicle may be removed by a police officer, or patrol community service officer. The impoundment and disposition shall be in accordance with the provisions of this chapter. [Section 6.020 amended by Ordinance No. 6327, enacted October 6, 2014.] 6.025 Loading Zones. No person shall park, stand or stop a vehicle for any purpose or length of time other than for the expeditious loading or unloading of persons or materials, but in no case in excess of 30 minutes, in any area designated as a loading zone. 6.030 Bus and Taxi Zones. (1) No person shall stop, stand, or park a vehicle other than a bus in a bus zone or a taxicab in a taxicab stand, except that the operator of a passenger vehicle may temporarily stop for the purpose of, and while actually engaged in, loading or unloading passengers, when stopping does not interfere with any bus or taxicab about to enter the restricted area. (2) Bus zones shall be defined as that area within 25 feet on each side of the sign indicating a bus stop. The Lane Transit District shall be responsible for marking each bus stop sign to indicate the restricted area. 6.035 Bus and Taxi Stands. The operator of a bus or taxicab shall not stand or park the vehicle upon any street at any place other than at a bus zone or taxicab stand, respectively, unless it is temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. 6.040 Authority to Restrict Parking Within the City. (1) The department of public works is hereby authorized to designate, within the city, areas in which the parking of vehicles is restricted in time or is prohibited, areas that are to be restricted as loading ATT 2 – Page 3 of 11 zones, and areas that are to be restricted as bus zones and taxi stands, and zones that are limited to a specific use or classification. (2) The fire department is hereby authorized to designate, on public ways or private property open to the public, areas that are to be restricted as fire lanes. (3) Upon designation by the department of public works of an area as a restricted parking zone, a loading zone, or as a bus zone or taxi stand, or a zone that is limited to specific use or classification, or by the fire department of an area as a fire lane, the area shall be marked by a sign or other means as a restricted area and the permissible time for parking a vehicle therein shall be so indicated if applicable. (4) Upon designation by the department of public works of an area as a no-parking zone, the area shall be marked by a yellow curb or appropriate signs. 6.045 Disabled Person Spaces. No person shall park or stand a vehicle in a parking zone that is restricted for use by the disabled, whether on a public way or private property open to the public, unless the vehicle is equipped with a special decal, permit, placard, identifying insignia, or plates issued by the Department of Motor Vehicles identifying the operator as being disabled. 6.050 Trucks On Permitted Routes and Overnight Restrictions. (1) No person shall park or stand any restricted truck as defined in section 6.250(1) upon the streets of the city except: (a) Upon streets designated as permitted truck routes in section 6.250(1) of this code; or (b) Except for the purpose of and while actually engaging in loading or unloading; or (c) Upon determination by the public works department and the posting of signs stating that truck parking is permitted. In making a determination, the public works department shall consider the need for on-street truck parking, the potential impacts of such parking on access to abutting properties, nearby business operations, traffic and pedestrian safety, and may specify appropriate terms and conditions with regard to such parking. (2) No person shall park any truck, bus, camper, motor home, trailer or boat, as defined in subsection (3) of this section, upon the streets of the city for more than 16 consecutive hours in any 72- hour period. If the truck, bus, camper, motor home, trailer or boat is located in a residential area, it shall be associated with a residence near the place it is parked. (3) As used in this section, the following mean: Boat. Any vehicle, structure or device, whether or not mounted upon a wheeled device for trailing behind a car, truck or other vehicle, intended to be used as a conveyance upon water. Bus. Any vehicle originally designed to convey 10 or more passengers. “Bus” also means any vehicle described herein, including one which has been converted for camping, sleeping and/or living facilities, or the storage of materials. Camper. Any device placed upon a truck or pickup bed that extends above the top of the cab of the truck or pickup whether or not the same is outfitted with camping or sleeping facilities or equipment. “Camper” is not intended to cover simple canopies. ATT 2 – Page 4 of 11 Trailer/Motor Home. A vehicle or wheeled structure designed for being moved over public thoroughfares equipped for sleeping, cooking and with plumbing facilities intended for human occupancy. Truck. Any vehicle licensed as a motor truck, semi-truck, or any vehicle 72 inches or more in width, or any vehicle including, but not limited to, a motor or semi truck trailer, that is designated or primarily operated for the transportation of property, and the body weight or combined body and load weight of which exceeds 6,000 pounds. “Truck” shall not be applied to automobile passenger vehicles or to that form of truck commonly referred to as “pickup.” [Amended by Ordinance No. 6307, enacted November 25, 2013.] 6.055 Fire Lanes. No person shall park or stand a vehicle in an area designated as a fire lane, excepting fire department vehicles or other emergency vehicles. 6.060 Enforcement. (1) The police department shall enforce the terms of sections 6.005 to 6.075 by appropriate marking of vehicles and the issuance of citations for violations or impoundment, or both. (2) In addition to subsection (1), the city may enter into an agreement with a private, public or non-profit parking service certified as a private security company by the state of Oregon to authorize parking service and its employees to enforce the terms of sections 6.005 to 6.075 as well as parking violations defined by state or county laws, by appropriate marking of vehicles and the issuance of citations for violations. The private parking service may collect the delinquent fines and may immobilize or impound the vehicle with the same authority and manner as citations issued by peace officers of the local government. (3) A violation of the prohibited parking activities in Section 6.015 and 6.020, unless otherwise defined in this Code for State law, is punishable by a penalty in the amount established by Council Resolution. (4) Parking citations shall be placed conspicuously on the vehicle. The registered owner of the vehicle shall be responsible for the citation unless the driver accepts responsibility. (5) With ten days of the issuance of the parking citation: (a) The required penalty must be paid; (b) A written response contesting the ticket must be filed; or (c) A written request for an in-person hearing must be filed. (6) The citation shall state the penalties that may be imposed for failure to comply. (7) The city manager may appoint one or more persons to serve as hearings officers to review written response and /or hold in person hearings. (8) If section 6.060(4) is not complied with, the city or its designee shall provide written notice to the owner or lessee of the vehicle. The notice shall provide information related to additional charges, as established in the city’s fee schedule. (9) If the city has contracted the enforcement of parking violations that contractor or its agent may collect the delinquent fines, impose additional charges for the collection efforts undertaken, and may ATT 2 – Page 5 of 11 immobilize or impound the vehicle pursuant to this code. These additional collection charges shall be established in the city’s fee schedule. (10) A vehicle for which a citation has been issued and remains unpaid after becoming due may be immobilized or impounded. A vehicle that has been immobilized or impounded shall not be released until all outstanding penalties and charges have been paid to the City or its designee. 6.065 Unlawful Marking. Except as provided in sections 6.005 to 6.075, no person shall letter, mark or paint in any manner on any sidewalk, curb, or other portion of any street, or post anything designed or intended to prohibit or restrict parking on any street. 6.070 Repealed. [Section 6.070 repealed by Ordinance No. 6171, enacted May 15, 2006.] 6.075 Removal. (1) When a police officer, patrol community service officer, or an agent of the fire department observes a vehicle parked in violation of sections 6.015, 6.025, 6.030, 6.040, 6.045, or 6.055, the officer or agent may cause the vehicle to be impounded, may cause it to be removed, or require the driver or person in charge of the vehicle to move it. (2) When a police officer or patrol community service officer observes a vehicle which has five or more unpaid parking violations, on which the court appearance date has passed, the officer shall cause the vehicle to be impounded. (3) The disposition of a vehicle impounded under authority of this section shall be in accordance with the provisions of this code or Oregon Revised Statutes. General Regulations 6.105 Police Powers and Duties. (1) The police department shall enforce provisions of this chapter. (2) Officers and/or community service officers assigned to the patrol bureau are authorized to direct all traffic, either in person or by means of visible or audible signals, in conformance with the provisions of this chapter, except that in the event of a fire, other emergency, or event, to expedite traffic or safeguard pedestrians, officers or agents of the police or fire department may direct traffic as conditions may require, notwithstanding the provisions of this chapter. (3) The police may close temporarily any street or highway in an impending or existing emergency, or for any lawful assemblage, demonstration, or procession, provided there is reasonable justification for doing so. (4) The police may temporarily prohibit parking on any street or highway or portion thereof in any impending or existing emergency, or for a lawful assemblage, demonstration, or procession, provided there is reasonable justification for such prohibition. ATT 2 – Page 6 of 11 (5) Vehicles parked in places where parking is prohibited temporarily may be removed by or under the direction of any police officer or patrol community service officer. 6.110 Obstructing Streets. Except as this code provides to the contrary, no person shall place, park, deposit, or leave upon any street or other public way, sidewalk, or curb any vehicle, article, thing, or material which in any way prevents, interrupts, impedes or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver’s view of traffic or official traffic control device. 6.115 Use of Sidewalks. Pedestrians shall not use any roadway for travel when abutting sidewalks are available. 6.120 Play Vehicles Restricted. No person upon roller or in-line skates, or riding in or by means of any coaster, sled, toy vehicle, or similar device, shall go upon any street except to cross at a crosswalk. Moving 6.205 Closed Streets. (1) No operator of any vehicle shall proceed or operate the vehicle upon any city street when the street is barricaded and posted with a sign indicating that the street is closed to traffic. (2) With respect to barricaded streets closed for construction, maintenance, or other reasons, a conspicuous sign indicating “Street Closed” shall be placed at each end of the closed portion of the street and remain there until the barricades are removed and the street reopened. (3) Any person found guilty of violation of this section shall be punished in the municipal court by a fine of not more than $500. 6.210 Running Vehicles Over Curbs. No person shall run any vehicle or machine across or over any curb in the city without first building a sufficiently inclined plane to protect the curb from any contact with, or injury from, the wheels of the vehicle or machine. The inclined plane shall not obstruct the flow of water in the gutter and shall be removed at the order of a police officer, patrol community service officer, or building inspector. 6.215 Driving Across Private Property. No driver of any vehicle shall drive from one street to another street across private property except where a private road is provided for access between such streets and the driver is an invitee upon the private roadway. This section shall not prevent automobiles driving into a place of business providing parking or drive-in service from one street where they actually stop for service, and from then entering another street provided they do not cross other private property. ATT 2 – Page 7 of 11 Routes 6.250 Truck Routes. The purpose of Springfield’s truck route system is to establish safe, orderly, and efficient movement of commercial and industrial truck traffic through and within the city; and to minimize structural damage to local streets not designed to accommodate vehicles in excess of 10,000 pounds gross vehicle weight. (1) As used in sections 6.250 to 6.255 the following mean: (a) Restricted Truck. A commercial or industrial truck having a gross weight of 10,000 pounds or more. (b) Permitted Truck Route. A street or highway that has been designated for use by restricted truck traffic. (2) Restricted trucks operating within the city limits are prohibited from using any street or highway other than a designated permitted truck route, unless: (a) A state, county, or city law enforcement officer, acting in their official capacity, directs the operator of the truck to travel on such street or highway. (b) In any case where the place of destination within the city cannot be accessed by traveling solely on the permitted truck routes, the truck operator may use such streets and highways as are reasonably necessary to reach and leave that place of destination, provided the operator restricts travel to permitted truck routes whenever possible. (c) The operator of the restricted truck has received a temporary permit from the department of public works that authorizes the operation of the restricted truck off permitted truck routes. The operator of the truck shall keep the permit, or a photocopy of the permit, in or on the truck so it is available for inspection upon request. (3) A map showing permitted truck routes is on file in the office of the department of public works. (4) Any person found guilty of a violation of this section shall be punished in the municipal court by a fine of not more than $500. 6.255 Public Works Responsible For Supervision. (1) The department of public works shall maintain a map of Springfield’s permitted truck routes that is available for public review during city business hours. (2) The department of public works is hereby authorized to install signs on the city’s streets/highways that direct restricted trucks regarding permitted truck routes. The signs are to be installed as the department determines in order to assist truck operators in route selection. (3) The department is authorized to issue permits that allow restricted trucks to operate off permitted truck routes. The permits may be revoked at any time the public works director determines that the permit is not warranted or that the heavy truck traffic is causing undue wear or damage to the surface of the street. Removal ATT 2 – Page 8 of 11 6.305 Police Authority. The police department is hereby authorized to remove a vehicle from any street or highway to an authorized police garage, city impound lot, other place of safety, or any other location designated by a police officer or patrol community service officer, under circumstances enumerated in sections 6.305 to 6.350. (1) When any vehicle is left unattended upon any bridge, viaduct, or elevated structure used as a street so as to obstruct traffic. (2) When any vehicle constitutes a hazard, or creates any obstruction to the normal movement of traffic or persons, or to normal parking as provided by law, and the person in charge of the vehicle fails or refuses to move it. (3) When a vehicle upon a street or highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury or illness incapacitated to such an extent as to be unable to provide for its custody or removal. (4) When any vehicle is left unattended upon a street and is parked illegally as to constitute a hazard or any obstruction to the normal movement of traffic, or to normal parking as provided by law. (5) When any vehicle is parked upon any street, highway, or other public way, and any part of the vehicle extends into a portion of the traffic lane or bicycle lane. (6) When any vehicle is parked on any freeway within the city limits during the hours of 7:00 a.m. to 9 a.m. and 4:00 p.m. to 6:00 p.m., or when the vehicle is parked within 1000 feet of a freeway entrance or exit measured from where the entrance or exit meets the freeway. (7) When any vehicle is parked on the street, highway, alley, or other public way for more than 48 consecutive hours. (8) When the vehicle is in a condition that would make it a nuisance vehicle as defined in section 6.325. (9) As used in this section, a vehicle that is parked in a designated parking area or temporarily on the shoulder of the highway, if the vehicle is completely off the roadway and is only present for a short period of time for an emergency as indicated by raising the hood, flashing of emergency lights, or utilization of emergency flares or signs, is not considered hazardous or an obstruction. 6.310 Notice Subsequent to Removal. When an officer or patrol community service officer removes a vehicle from a street as authorized in section 6.305 and knows or is able to ascertain from registration records the name and address of the owner, the department shall within two business days give notice that conforms to applicable provisions of ORS 819.180 and 819.190 via certified mail to the owner and lien holder. 6.315 Charges. Before any motor vehicle is removed from any place of storage, the owner shall pay all applicable charges authorized by ORS 819.150 and 819.160 including all outstanding citations, charges and costs of towing, seizing, and storage of the vehicle. Payment of the towing and storage charges shall not constitute ATT 2 – Page 9 of 11 a penalty or payment of any penalty for violation of any section of this code with which the owner of the vehicle may be charged. 6.320 Sale. If the owner of an impounded and stored vehicle has not claimed the vehicle within 15 days after the date of impoundment, it may be sold under the provisions of this code and Oregon Revised Statutes. 6.325 Nuisance Vehicle—Definition. A vehicle is considered a nuisance vehicle, which is subject to immediate removal by a police officer or patrol community service officer, if it has one or more of the following characteristics, or any other combination of factors that may constitute a nuisance or hazard to the public: (1) Vehicle is leaking hazardous liquids or materials; (2) Vehicle’s engine is partially or fully dismantled, or has no engine; (3) Vehicle is missing drive train components, the drive train or transmission is partially or fully dismantled, or has no transmission; (4) Vehicle is missing two or more tires, or has two or more deflated tires; (5) Vehicle has an altered or missing vehicle identification number (VIN); (6) Vehicle has broken, shattered, or missing windows where exposed glass is present; or (7) Vehicle’s contents pose a threat to public health and safety. 6.330 Nuisance Vehicles—Prohibited. No person shall park or place a vehicle that is a nuisance vehicle on any street, alley, highway, or other public way. 6.335 Abandoned Vehicles—Definition. Except as may be permitted in Springfield Municipal Code section 6.020, a vehicle is abandoned if it is parked or placed on any street, alley, highway or other public way for a period of more than 48 consecutive hours. [Section 6.335 amended by Ordinance No. 6327, enacted October 6, 2014.] 6.340 Abandoned Vehicles—Prohibited. No person shall abandon a vehicle on the streets, alleys, highways, or other public ways within the city. Movement within a block shall not remove the vehicle from violation. 6.345 Abandoned Vehicles—Notice Prior to Removal. An agent of the police department shall place a notice upon a vehicle prior to its removal as abandoned that includes the following information: (1) When the vehicle will be impounded if it is not removed from the location. ATT 2 – Page 10 of 11 (2) The ordinance or code violated by the vehicle and under which the vehicle will be impounded if it is not removed from violation. (3) The telephone number to call to determine the location of the vehicle if it is impounded. (4) That the vehicle is subject to towing and storage charges and that a lien will attach to the vehicle if it is impounded. (5) That the vehicle will be sold to satisfy the costs of towing and storage if the charges are not paid. (6) That the owner is entitled to a hearing under ORS 819.190 to contest the validity of removal, and towing and storage charges. (7) The time within which the hearing must be requested and the method to request a hearing. 6.350 Exemption: Vehicle Held in a Criminal Investigation. A vehicle that is being held as part of any criminal investigation is not subject to any requirements of sections 6.305 through 6.350 unless the criminal investigation relates to the theft of the vehicle. ATT 2 – Page 11 of 11