HomeMy WebLinkAboutOrdinance 5861 08/18/1997
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ORDINANCE NO.
5861 ( GENERAL)
AN ORDINANCE AMENDING CHAPTER 6 ~TRAFFIC" OF THE SPRINGFIELD
CODE, PERTAINING TO MOTOR VEHICLES, BICYCLES, AND PARADES, AND
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DECLARING AN EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
section 1. Chapter 6, Traffic, of the Springfield Code 1965
is amended as more particularly described and set forth in the
~Chapter 6, Vehicles and Traffic", which is attached hereto and
incorporated herein by reference as though fully set forth. This
adoption specifically includes Section 6.005, 6.010, 6.015,
6.020, 6.025, 6.030, 6.035, 6.040, 6.045, 6.050, 6.055, 6.060,
6.065, 6.070, 6.075, 6.105, 6.110, 6.115, 6.120, 6.205, 6.210,
6 . 2 15, 6. 2 5 0, 6. 2 5 5, 6. 3 0 5 , 6. 3 10, 6. 3 15 ,6 . 3 2 0, 6. 32 5, 6. 3 3 0 ,
6.335, 6.340, 6.345, 6.350, 6.405, 6.410, 6.415, 6.505, 6.510,
6 . 515 , 6. 52 0, 6. 525, 6. 53 0, 6. 535 , 6. 540, 6. 545, 6. 550, and
6.555, all of which are attached hereto and incorporated herein
by reference in ~Chapter 6, Vehicles and Traffic".
section 2. It is hereby found and determined by the Common
Council that matters pertaining to vehicles and traffic,
including motor vehicles, bicycles, and parades are matters
affecting the public health, safety and welfare, and that an
emergency therefore exists and this ordinance shall become
effective immediately upon adoption by the Council and approval
by the Mayor.
Adopted by the Common Council of the City of Springfield
this 18th day of August, 1997, by a vote of' 4 in favor and
o against.
Approved by the Mayor of the City of Springfield this
day of August, 1997.
18th
g/??~f~
Mayor
ATTEST: /
(\ JJiN W~~
Cit~ecorder
REVIEWED & APPROVED
A~ TO FORM \
~''>''::.t....." ~ ~\~
DATE: ~ I q \ 11
OFFICE OF CITY ATTORNEY
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Chapter 6
VEIDCLES AND TRAFFIC
MOTOR VEHICLES 6.330 Nuisance Vehicles--
Prohibited.
Parking and Standing 6.335 Abandoned Vehicles--
6.005 Method. Definition.
6.010 Owner Responsibility. 6.340 Abandoned Vehicles--
6.015 Prohibited. Prohibited.
6.020 Restricted in Time. 6.345 Abandoned V ehicles-- Notice
6.025 Loading Zones. Prior to Removal.
6.030 Bus and Taxi Zones. 6.350 Exemption: Vehicle Held in a
6.035 Bus and Taxi Stands. Criminal Investigation.
6.040 Authority to Restrict Parking
Within the City.
6.045 Disabled Person Spaces. BICYCLES
6.050 Trucks on Permitted Routes 6.405 Racing.
and Overnight Restrictions. 6.410 Pedestrians.
6.055 Fire Lanes. 6.415 Riding Over Yards,
6.060 Enforcement. Parkways.
6.065 Unlawful Marking.
6.070 Penalties.
6.075 Removal. ' PARADES
. 6.505 Definitions.
General Regulations 6.510 Permit Required.
6.105 Police Powers and Duties. 6.515 Application.
6.110 Obstructing Streets. 6.520 Increase or Waiver of
6.115 Use of Sidewalks Processing Time.
6.120 Play Vehicles Restricted. 6.525 Issuance or Denial of Permit.
6.530 Save Harmless Agreement.
Moving 6.535 Limitation of Liability.
6.205 Closed Streets. 6.540 Public Announcements
6.210 Running Vehicles Over Required.
Curbs. 6.545 Sanitation and Clean-up.
6.215 Driving Across Private 6.550 Parade Permit Revocation.
Property. 6.555 Appeal Procedure.
Routes
6.250 Truck Routes.
6.255 Public Works Responsible for
Supervision.
Removal
6.305 Police Authority.
6.310 Notice Subsequent to
Removal.
6.315 Charges.
6.320 Sale.
. 6.325 Nuisance Vehicle--Definition.
A TT ACHMENT B
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Springfield Code
MOTOR VEHICLES
Parking and Standing.
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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 road-
way, headed in the direction of lawful traffic
movement, and with the curbside wheels ofthe
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.indi-
cated.
(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, un-
less 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 opera-
tor shall attempt to deprive the person of prior-
ity 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 other-
wise directed by a police officer or fire fighter.
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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 vehi-
cle 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 in-
stalled 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;
(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 tempor-
arily, as a no parking zone, whether such area
is marked by signs, a yellow curb, or by other
means.
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(7) A vehicle within 10 feet on each
side of a fire hydrant measured from the point
of the curb nearest to the hydrant.
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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 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, per-
forming volunteer work, conducting
construction or repair or at the manag-
er's discretion.
(b) The municipal court may
issue "jury" parking permits for persons
performing jury duty.
(c) The public works depart-
ment, or traffic department, may issue
"special" parking permits for construc-
tion and maintenance vehicles, equip-
ment, materials, or to businesses or
homeowners adjacent to street con-
struction projects, whenever the con-
struction necessitates the permits.
(3) Permits shall be valid only for the
dates specified.
(4) Permits shall be placed on the dash
of the vehicle 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 except-
ing only the specified limits of time.
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(6) When a vehicle is parked continu-
ously for eight hours in an area in violation of
sections 6.005 to 6.075, the vehicle may be re-
moved by a police officer, or patrol communi-
ty service officer. The impoundment and
disposition shall be in accordance with the
provisions of this chapter.
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 maytempor-
arily stop for the purpose of, and while act-
ually engaged in, loading or unloading passen-
gers, 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 Dis-
trict 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, respec-
tively, 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 \Vithin
the City.
(1) The department of public works is
hereby authorized to designate, within the city,
areas in which the parking of vehicles is re-
stricted in time or is prohibited, areas that are
to be restricted as loading zones, and areas that
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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 depart-
ment 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 spe-
cific use or classification, or by the fire depart-
ment of an area as a fire lane, the area shall be
marked by a sign or other means as a restrict-
ed area and the permissible time for parking a
vehicle therein shall be so indicated if applica-
ble.
(4) Upon designation by the depart-
ment of public works of an area as a no-park-
ing zone, the area shall be marked by a yellow
curb or appropriate signs.
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6.045 Disabled Person Spaces. No person
shall park or stand a vehicle in a park-
ing zone that is restricted for use by the dis-
abled, whether on a public way or private
property open to the public, unless the vehicle
is equipped with a special decal, permit, plac-
ard, 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( I)
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 post-
ing of signs stating that truck parking
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is permitted. In making a determina-
tion, the public works department shall
consider the need for on-street truck
parking, the potential impacts of such
parking on access to abutting proper-
ties, 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 continuously for more
than two hours from 12:01 a.m. to 7:00 a.m.
of the same day.
. (3) As used in this section, the follow-
mg 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 passen-
gers. "Bus" also means any vehicle
described herein, including one which
has been converted for camping, sleep-
ing and/or living facilities, or the stor-
age of materials.
Camper. Any device placed
upon a truck or pickup bed that ex-
tends above the top of the cab of the
truck or pickup whether or not the
same is outfitted with camping or slee-
ping facilities or equipment. "Camper"
is. not intended to cover simple cano-
pIes.
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 vehi-
cle 72 inches or more in width, or any
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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."
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. 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 viola-
tions, or impoundment, or both.
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6.065 Unlawful Marking. Except as provid-
ed in sections 6.005 to 6.075, no per-
son 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 Penalties. The fine for violation of
any provision of sections 6.005 to
6.075 shall not exceed $500. The proceedings
shall be civil in nature. The owner shall also
be responsible for expenses incurred in remov-
ing the vehicle. Failure to pay accrued char-
ges shall constitute a surrender of the vehicle
to the city or authorized police garage to dis-
. pose of in accordance with this code and Ore-
gon Revised Statutes.
6.075 Removal.
(1) When a police officer, patrol com-
munity service officer, or an agent of the fire
department observes a vehicle parked in viola-
tion of sections 6.015, 6.025, 6.030, 6.040,
6.045, or 6.055, the officer or agent may cause
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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 viola-
tions, on which the court appearance date has
passed, the officer shall cause the vehicle to be
impounded.
(3) The disposition of a vehicle im-
pounded 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 en-
force provisions of this chapter.
(2) Officers and/or community service
officers assigned to the patrol bureau are auth-
orized to direct all traffic, either in person or
by means of visible or audible signals, in con-
formance with the provisions of this chapter,
except that in the event of a fire, other emer-
gency, or event, to expedite traffic or safe-
guard 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 assem-
blage, demonstration, or procession, provided
there is reasonable justification for doing so.
(4) The police may temporarily pro-
hibit parking on any street or highway or por-
tion thereof in any impending or existing eme-
rgency, or for a lawful assemblage, demonstra-
tion, or procession, provided there is reason-
able justification for such prohibition.
, (5) Vehicles parked in places where
parking is prohibited temporarily may be re-
moved by or under the direction of any police
officer or patrol community service officer.
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6.110 Obstructing Streets. Except as this
code provides to the contrary, no per-
son 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 vehi-
cle, or similar device, shall go upon any street
except to cross at a crosswalk.
Moving.
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6.205 Closed Streets.
(I) 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 viola-
tion 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
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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 inspec-
tor.
6.215 Driving Across Private Property. No
driver of any vehicle shall drive from
one street to another street across private prop-
erty 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 enter-
ing another street provided they do not cross
other private property.
Routes.
6.250 Truck Routes. The purpose of Spring-
field's truck route system is to establish
safe, orderly, and efficient movement of com-
mercial and industrial truck traffic through and
within the city; and to minimize structural
damage to local streets not designed to accom-
modate vehicles in excess of 10,000 pounds
gross vehicle weight.
(I) As used in sections 6.250 to 6.255
the following mean:
Restricted Truck. 'A commer-
cial or industrial truck having a gross
weight of 10,000 pounds or more.
Permitted Truck Route. A
street or highway that has been desig-
nated 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 per-
mitted 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.
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(b) in any case where the place
of destination within the city cannot be
accessed by travellng solely on the
permined truck routes, the mtck. opera-
tor may use such streets and highways
as arc reasonably necessary to reach
and leave that place of destination,
provided the operator restricts travel to
permined truck routes whenever possi.
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(c) The operator of the restrict-
ed truck has recei ved a temporary
permit from the depaInl1ent of public
works that authorizes the operation of
the restricted truck off permitted truck
routes. The operator of the truck shal I
keep the permit, or a photocopy of the
permit, in or on the truck so it is avail-
able for inspection upon request.
(3) A map showing permitted truck
routes is'ohtile in the office of the department
of public' \vorks." ... .
. (4) .' Any person found guilty of a vio-
lation of this section shall be punished in the
municipal court by' a fine'of nolmorethan
$500.
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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/hi ghways that direct restricted trucks
regarding permitted truck routes. The signs
arc to be installed as the department deter-
mines in order to assist truck operators in
route selection.
(3) The department is authorized to
issue pelmits that allow restricted trucks to
Opc.Tatt off permitted trUck routes. The per-
mits m3Y he revoked at any time the public
works director determines that the permit is
not warranted or that the heavy truck traffic i~
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causing undue wear or damage to the surface
of the street.
Removal.
6.305 Police Authority. The police depart-
ment is hereby authoriz.ed to remove a
vehicle from any street or highway to an auth-
orized police garage, city impound lot, other
place of safety, or any other location desig-
nated by a police officer or patrol community
service officer, under circwnstances enumer-
ated in sections 6.305 to 6.350.
(1) When any vehicle is left unat-
tended upon any bridge, viaduct, or elevated
strucmre used as a street so as to obstruct
traffic.
(2) When any vehicle constitutes a
hazard, or creates any obstruction to the nor-
mal movement of traffic or persons, or to nor-
mal parking as provided by law, and the per-
son 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 constinnc an
obstruction to traffic and the person or persons
in charge of the vehicle are by reason of phys-
ical injury or illness incapacitated to such an
extent as to be unable to provide [or its cus-
todv or removal.
. (4) When any vehicle is left unat-
tended upon a street and is parked illegally as
to constitute a hazard or any obstrUction to th~
nomlal movement of tTafllc, 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 th~ hours
of 7:00 :l.m. to 9 a.m. and 4:00 p.m. to 6:00
p.m., or when the vehicle is parked withm
1000 feet of a freeway entrance or exit m~a-
sured from where the entrance or exit meets
th(; freeway
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(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 de-
fined 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 tim'e 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.
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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 lienholder.
6.315 Charges. Before any motor vehicle is
removed from any place of storage, the
owner shall pay all applicable charges author-
ized 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 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 im-
poundment, it may be sold under the provi-
sions of this code and Oregon Revised Stat-
utes.
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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 character-
istics, 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 com-
ponents, the drive train or transmission is
pa:ti~lly or fully dismantled, or has no trans-
mISSIOn;
(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 pre-
sent; 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, high-
way, or other public way.
6.335 Abandoned Vehicles--Definition. 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 con-
secutive hours.
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.
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Springfield Code
6.345 Abandoned Vehicles--Notice Prior to
Removal. An agent of the police de-
partment shall place a notice upon a vehicle
prior to its removal as abandoned that includes
the following information:
(1) When the vehicle will be impound-
ed if it is not removed from the location.
(2) The ordinance or code violated by
the vehicle and under which the vehicle will
be impounded if it is not removed from viola-
tion.
(3) The telephone number to call to
determine the location of the vehicle if it is
impounded.
(4) That the vehicle is subject to tow-
ing 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 Crim-
inal 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 invest-
igation relates to the theft of the vehicle.
BICYCLES
6.405 Racing. No person shall run, engage
in, or cause any bicycle race on any
street, alley, or public way within the city,
except under permit from the chief of police.
6.410 Pedestrians. The operator of a bicycle
shall give the right-of-way at all times
to a pedestrian proceeding lawfully, regardless
of when and where the bicycle is being operat-
ed.
6.415 Riding Over Yards, Parkways. No
person shall operate or ride a bicycle
across, over, or on any yard, lawn, or property
owned by another.
PARADES
6.505 Definitions. For purposes of sections
6.505 to 6.555, the following mean:
Application Fee. A nonrefundable fee
required for processing an application for a
parade permit.
Extraordinary Personnel, Materials and
Services Charge. The total costs related to
management by the city of the parade that are
in excess of ordinary and usual management
costs of pedestrian and vehicular traffic and
other ordinary public uses. The extraordinary
personnel, materials and services charge shall
be calculated pursuant to the procedures out-
lined in section 6.525.
Parade. Any parade, march, foot race
or walk, bicycle race or run, ceremony, show,
exhibition, pageant or procession of any kind,
or any similar display in or upon any street,
park or other public place in the city where the
activity would result in the obstruction or
impeding of ordinary and usual movement of
pedestrian or vehicular traffic or in impeding
and unduly restricting other ordinary public
uses.
Parade Permit. A permit required by
this code.
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6.510 Permit Required.
(1) No person shall engage in, partici-
pate in, aid, form or start any parade unless a
parade permit is obtained from the chief of
police.
(2) This section does not apply to:
(a) Funeral processions.
(b) Students going to and from
school classes or participating in educa-
tional activities, providing the conduct
is under the immediate direction and
supervision of the proper school auth-
orities.
( c) A governmental agency
acting within the scope of its functions.
(d) Activities under the aus-
pices of, sponsored by, authorized or
permitted by a governmental agency to
be conducted primarily upon' property
under the control of such other govern-
mental agency.
(3) If the parade is part of or . will
include a special event as that term is defined
in this code, then a special event permit shall
also be required in addition to the parade per-
mit. The city may require other permits if the
paradeis a part of or will include other activi-
ties requiring permits or licenses under the
applicable sections of the code. A determina-
tion of whether other permits are required shall
be made during the review process under sec-
tion 6.525.
6.515 Application.
(1) Applications for parade permits
shall be made in writing to the chief of police
on a form supplied by the city at least 30, but
not more than 90, business days prior to the
intended date of the parade, unless the applica-
tion processing interval is increased or waived
pursuant to section 6.520. The application
shall be submitted with a nonrefundable appli-
cation fee of $75.00. The application fee shall
be waived by the chief of police for indigent
applicants. The chief of police shall require an
indigent applicant to sign an oath of indigency
.
on behalf of the person, firm, partnership,
association, corporation, company or organiza-
tion of any kind that is applying for the parade
permi t.
(2) Applications shall include the fol-
lowing information:
(a) The name, address and
telephone number ofthe person respon-
sible for the proposed parade; .
(b) The date of the proposed
parade;
(c) The desired route including
assembling points;
(d) The number of persons,
vehicles, and animals that will be par-
ticipating in the parade;
(e) The proposed starting and
ending time;
(f) The signature of the person
designated as chairperson;
(g) Any arrangements the ap-
plicant has made with respect to traffic
control, parking, fire suppression, rest-
rooms, use of city facilities, crowd
control and blocking of any streets,
alleys or sidewalks;
(h) The applicant's arrange-
ments for litter control, site cleanup
and trash removal; and
(i) Whether or not the appli-
cant has obtained liability insurance for
the event. If such insurance has been
obtained, the application shall indicate
the policy face amount, the policyhold-
er, and all additional insured loss pay-
ees.
(3) The chief of police may require
other information as the chief deems reason-
ably necessary to determine that the permit
meets the requirements of sections 6.505 to
6.555.
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6.520 Increase or Waiver of Processing
Time. The chief of police shall base
the decision to waive or increase the applica-
tion processing interval on the following cri-
teria:
(1) Whether the size of the proposed
parade is such that additional city resources are
required and scheduling of resources requires
further time;
(2) Whether additional time is needed
for parade organizers to inform the public of
!he prop~sed parade in order to avoid public
mconvemence;
(3) Whether additional time is needed
to determine whether public safety will be
endangered or the general public will be ser-
iously inconvenienced by the proposed parade;
and
(4) Whether additional time is needed
to consider an alternate route, time, or date for
the proposed parade; and
(5) Whether the parade is part of a
special event or other activity requiring a per-
mit needing a longer processing time for ap-
proval.
6.525 Issuance or Denial of Permit.
(1) Upon receipt of an application, the
chief of police shall review the application,
determine the department activity needed for
the management of the parade in excess of the
ordinary and usual management of pedestrian
or vehicular traffic or other ordinary public
uses, and shall itemize the projected expenses.
In addition, the chief shall route a copy of the
application to other affected departments with-
in the city, who shall determine and itemize
the additional expenses for their respective
department activity for the management of the
parade. The sum of the police department's
and each other affected department's costs will
be the extraordinary personnel, materials and
services charge.
(2) The chief of police shall route a
copy of the application to the risk manager,
who shall review the application for evidence
.
of sufficient insurance and shall require addi-
tional insurance for the parade as the risk
manager determines is reasonable and neces-
sary. Parade applicants shall be required to
obtain a performance bond or present evidence
or surety, indemnity bond or comprehensive
liability insurance naming the city of Spring-
field as an additional insured. The chief of
police, after consultation with the risk manag-
er, may waive the insurance requirement for
an indigent applicant.
(3) The chief shall provide written
notice to the applicant, that shall state the
amount of the calculated extraordinary person-
nel, materials and services charge. The appli-
cant shall make arrangements with the finance
director for payment of the actual extraordi'- --'
nary personnel, materials and services charge
. that shall be determined after the parade is
conducted.
(4) The extraordinary personnel, mate-
rials and services charge shall be waived by
the chief for indigent applicants. The chief
shall require the indigent applicant to sign an
oath of indigency.
(5) The chief shall issue a parade
permit if the chief determines that the parade
can be conducted without endangering public
safety and without seriously inconveniencing
the public. The permit shall be conditioned on
the applicant's written agreement to comply
with the terms of the permit. No permit shall
be issued if the chief finds that:
(a) The time, route, and size of
the parade will disrupt the movement
of other traffic to an unreasonable
extent.
(b) The parade is of a size or
nature that requires the diversion of so
many law enforcement officers to prop-
erly police the line of movement and
contiguous areas that allowing the
parade would deny reasonable law
enforcement protection to the city.
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(c) The parade will interfere
with another parade or other activity
for which a permit has been issued.
(d) Information in the applica-
tion is found to be false or a material
detail is omitted.
(e) The applicant refuses to
agree to abide by or comply with all
conditions of the permit.
(6) If the chief determines that the
parade as requested cannot be conducted with-
out seriously inconveniencing the public, the
chief may issue the permit with approval of a
different route, time, or date.
(7) Unless the application processing
time is increased or waived pursuant to section
6.520, the chief shall notify the applicant of
the decision within 10 business days of receipt
of the application. If the chief refuses to issue
a parade permit as requested, the chief shall
issue written findings specifying the reasons
for the decision and furnish those findings to
t~e applicant with the notification of the deci-
SIOn.
6.530 Save Harmless Agreement. Every
applicant, including indigent applicants,
shall be required to provide a save and hold
harmless agreement on a form supplied by the
chief of police in which the applicant agrees to
defend, pay, save and hold harmless the city,
its officers and employees, from any and all
claims or lawsuits for personal injury or prop-
erty damage arising from or in any way con-
nected to the parade, excepting any claims
arising solely out of the negligent acts of the
city, its officers and employees.
6.535 Limitation of Liability. Sections
6.505 to 6.555 shall not be construed as
imposing upon the city, its officials or employ-
ees any liability or responsibility for any injury
or damage to any person in any way connected
to the use for which permits have been issued.
The city, its officials and employees shall not
be deemed to have assumed any liability or
.
responsibility by reasons of inspections per-
formed, the issuance of any permit, or the
approval of any use of the right-of-way.
6.540 Public Announcements Required.
The chief of police may require the
applicant to specifically inform private proper-
ty and business owners who might be incon-
venienced or affected by the parade. The chief
may also require the applicant to publish an-
nouncements of the parade prior to the event.
All costs associated with informing and an-
nouncing the parade shall be paid by the appli-
cant at no cost to the city.
6.545 Sanitation and Clean-up. A parade
permit may be issued only after ade-
quate waste disposal and sanitation facilities
have been identified and obtained by the appli-
cant. The applicant will clean the right-of-way
of rubbish and debris, returning it to its pre-
event condition, within 24 hours of the conclu-
sion of the event. If the applicant fails to
clean up the refuse, the clean up shall be ar-
ranged by the city and the costs charged to the
applicant. The costs will be in addition to the
amount of the extraordinary personnel, mater-
ials and services charge.
6.550 Parade Permit Revocation.
(1) The chief of police may revoke a
parade permit at any time after the permit has
been issued, including but not limited to dur-
ing the parade, if:
(a) An imminent threat of
violence or personal injury to the pa-
rade participants exists, all reasonable
efforts to protect the parade partici-
pants have failed, and a request to
disband the parade made to the parade
organizers has been refused;
(b) Actual violence has been
caused by the parade organizers;
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(c) Actual violence that endan-
gers public safety has been caused by
parade participants and public safety is
at risk unless the permit is revoked; or
(d) There is significant devia-
tion from the route designated in the
application or approval, or there is
assembly at points not shown in the
application or approval that occurs
without approval of the police officer
in charge of the parade escort.
(2) There shall be no appeal of a revo-
cation made during a parade.
6.555 Appeal Procedure. If the chief of po-
lice proposes alternatives, refuses to
issue a permit, or revokes a permit prior to the
parade, the applicant shall have the right to ap-
peal the decision to the city council. The
council shall set a hearing date within 15 days
of receiving the appeal request. At the hearing
the applicant is entitled to be heard and present
evidence on their behalf. The council shall
determine whether the denial or revocation of
the permit shall be upheld.
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